A Nonpartisan Publication of the Minnesota House of Representatives ♦ May 21, 1999 ♦ Volume 16, Number 20

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HF2451-HF2475 Session Weekly is a nonpartisan publication of the Minnesota House of Representatives Public Information Office. During the 1999-2000 Legislative Minnesota House of Representatives • May 21, 1999 • Volume 16, Number 20 Session, each issue reports daily House action between Thursdays of each week, lists bill introductions and upcoming committee meeting schedules, and pro- vides other information. The publication Reflections is a service of the Minnesota House. While the Minnesota Legislature was completing its final days of the 1999 session, here No fee. and across the country a major concern for people was, could they get tickets for the latest Stars Wars movie. But at the State Capitol, the most important interest for lawmakers, To subscribe, contact: staff, and lobbyists was the passage of funding bills that would provide the state’s largest Minnesota House of Representatives tax cuts and rebates ever; money for K-12 education; funds for health care; a go-ahead to Public Information Office construct light rail in Minneapolis; and other important bills. 175 State Office Building As movie fans lined up outside theaters for days to see what “Episode I” of Star Wars St. Paul, MN 55155-1298 would convey, everyone at the Capitol was anxiously waiting inside and outside each (651) 296-2146 or chamber to know what would be the final outcome of the first year of the 81st Legislature. 1-800-657-3550 For Capitol inhabitants during this time, the only connection to the movie industry’s TTY (651) 296-9896 latest hype was a “Phantom Menace” known as sleep deprivation. Certainly, no legislator or staff member could be found waiting in line for tickets to the Director new George Lucas phenomenon on May 17, the last day of session, or even two weeks ago. LeClair G. Lambert For that matter, nor were they seen at the governor’s annual fishing opener on May 15 for Acting Assistant Director/Editor the first time in years. Nick Healy In the last few days of the legislative session, most lawmakers and key staff got little or no sleep, as House and Senate members attempted to reach some kinds of funding Acting Assistant Editor compromises agreeable to both legislative bodies. Some lawmakers did sneak brief Sandy Donovan opportunities to relax as they often waited during many recesses, but not enough to catch Art & Production Coordinator up on sleep. Paul Battaglia Also, sergeants were seen running across the complex to pull lawmakers out of committee to make a crucial vote in the chamber, while clerk’s staff from the House and Writers Senate broke track records as they delivered messages from chamber desk to chamber desk Jon Fure, Grant Martin, for immediate floor action in each body. Sarah Tellijohn, Paul Wahl Behind the scenes, the revisors who ensure legal accuracy of bills and House Research Chief Photographer staff who continue to provide expert advice on the content of bill, often accumulated no- Tom Olmscheid sleep records of over 24 hours at a time. Even those in Duplicating worked in the wee hours of the morning to print hundreds of new bills for placement on chamber desks before Photographers lawmakers reconvened. Gina Dabrowski, Laura Phillips, But it is not unusual for the Chief Clerk’s main desk staff and others in the office to spend Andrew Von Bank hours at work long after a daily session ended. Office Manager To the legislators, who have now gone back home to a normal, well-rested routine, and Nicole Wood to the staff, who never catch up on sleep: May the force be with you! Staff Assistants — LeClair Grier Lambert Christy Novak, Jennifer Ridgeway

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t e d i n o On the cover: Speaker Steve Sviggum adjourns the House at midnight May 17. r n P

r —Photos by Tom Olmscheid and Andrew Von Bank

e r

c e y p —Photo illustration by Tom Olmscheid c a l e d p

2 SESSION WEEKLY / May 21, 1999 Tripartisan government . . . Historic session ends with action on tax cuts, major bills By Grant Martin & Sarah Tellijohn The 1999 legislative session — the state’s first under tripartisan control — ended at midnight May 17 with lawmakers approving several significant pieces of legislation, in- cluding the largest tax cut in the state’s history, a commitment for the use of the one-time tobacco settlement funds, and a record K-12 education funding plan. But right up to the last minute, it looked like the three-legged stool of state government — Republicans in the House, DFLers in the Sen- ate, and a Reform Party governor — might topple to the floor. “Tripartisan government works,” Gov. Jesse Ventura announced at a May 11 press confer- ence after signing off on a preliminary budget agreement with House Speaker Steve Sviggum (R-Kenyon) and Senate Majority Leader Roger Moe (DFL-Erskine). The deal was expected to tie up the loose ends and bring the session to After the final gavel, House Speaker Steve Sviggum takes a few moments to discuss the a close by the constitutional deadline. Legislature’s achievements this session with the Capitol press corps. But with less than nine hours to go before adjournment, it looked as though the “global 0.5 percent, and the middle-income bracket sick tax, which is used to support agreement,” as Sviggum called it, might break will get an extra 0.25-percent reduction. MinnesotaCare, the state’s health insurance down on the House floor. In total, all tax cuts would amount to about program for low- and moderate-income Sviggum was forced to keep the voting board $1.3 billion annually. The marriage penalty, residents. open for nearly two hours to get the votes which forces married joint filers to pay more Lawmakers also passed a $7.9 billion K-12 needed to pass the bonding bill — a measure than they would if they filed individually, education funding bill. The bill would provide that required 81 votes to pass. That bill was a would also be eliminated under the tax plan. a 4.7-percent increase in the basic school fund- key piece of the agreement because it includes And in August, most Minnesotans should ing formula for 2000 and a 3.2-percent in- a $400 million cash-to-bonding proposal and see a sales tax rebate check in the mail. The crease for 2001, partly contingent upon the the governor’s light-rail transit plan. sales tax rebate — advocated by both the gov- next state budget forecast. The bill would pro- And after Rep. Kevin Goodno (R- ernor and DFL lawmakers — was eventually vide the largest boost to the general formula in Moorhead) presented the health and human accepted by House Republicans, who had origi- the last 10 years. services funding bill without the abortion pro- nally argued for a rebate based on income tax. The plan would include $86 million tar- visions early approved by the House, a motion The rebate, based on 1997 income tax geted for class-size reduction and $6 million to send it back to conference committee failed records, could total $1.3 billion once officials for school breakfast programs. by just three votes. are finished processing it. Checks would range It also looks like Gov. Jesse Ventura might But the 1999 session will be remembered from $100 to $5,000 for married joint filers get his wish to ride mass-transit rail in 2002. more for the tripartisan compromises than for and to a maximum of $2,500 for single filers. After suffering a defeat in the House, it ap- the stumbling blocks that came close to trip- Lawmakers also came to an agreement on peared that continued funding for light-rail ping up the process. the use of the state’s one-time tobacco settle- transit would not become a reality this ses- In his opening address after being elected ment funds. Almost $1 billion would be used sion. But House and Senate leaders compro- the new speaker Jan. 5, Sviggum set the prior- to set up endowments for medical education mised on the issue and included $60 million in ity for House. and research, smoking prevention, and public the bonding bill that will be used to leverage “You have my word that this body will health initiatives. $250 million in federal funds. permanently and significantly cut your taxes,” House Republicans battled most of the ses- The money would be dedicated to the Sviggum said, addressing the television cam- sion to use some of that money to eliminate planned light-rail line along the Hiawatha eras in the House chamber. the state’s health care provider tax, but even- corridor in Minneapolis and would run from True to his word, House Republicans suc- tually agreed to the endowments as a condi- the Mall of America in Bloomington, past cessfully achieved the income tax cut they had tion of income tax cuts. Minneapolis-St. Paul International Airport, been fighting for all session. Effective July 1, all However, the House did succeed in pre- and into downtown Minneapolis. three income tax brackets will be reduced by venting a scheduled increase in the so-called Lawmakers also succeeded in their attempt

May 21, 1999 / SESSION WEEKLY 3 Portraits range from mournful to modern

Although the sequence of Carl Bohnen showed Olson, who was 35 gubernatorial portraits known for his charisma and media savvy, adorning the first and in a crisp gray suit holding a radio micro- ground floors of the Min- phone. nesota Capitol may seem “It’s a portrait that fits with the public like an integral part of the image (of Olson),” said Thomas O’Sullivan, building’s character, the tra- curator of art for the Minnesota Historical dition of honoring each former governor Society. House Minority Leader Tom Pugh greets members with a portrait was not initiated by archi- In the 1960s, Frances Cranmer of the press after wrapping up the legislative tect Cass Gilbert. Greenman painted Gov. Karl F. Rolvaag in session. When the Capitol was completed in 1905, her signature, unusual style. Broad, sketchy to put an end to the 8-year-old motor vehicle free-standing electric lamp posts stood in brush strokes roughly outline Rolvaag’s inspection program. The repeal effort, led by front of wall panels where the portraits now figure, creating a sense of spontaneity. Rep. Barb Haake (R-Mounds View), was hang. And a few portraits, such as former “She captured that sense of a living per- signed into law May 18 and sets March 1, 2000, Gov. Knute Nelson’s likeness, hung in the son,” said O’Sullivan, who noted that he as a final end-date for the program. There is governor’s private office. has received calls from one catch, however. The Twin Cities air qual- In 1944, Gov. Edward J. people complaining that ity must pass muster with the federal Thye commissioned all the the portrait appears un- Environmental Protection Agency before portraits to be hung in the finished. emissions testing can cease, but officials ex- public areas of the Capitol Despite the tradition, pect that approval to be forthcoming. building so that visitors there has never been a Lawmakers also approved $70 million in could enjoy them. Plaques straightforward or simple aid for Minnesota farmers. The new law seeks now accompany the por- process of commissioning to provide relief to farmers who are currently traits, telling stories about a governor’s portrait once struggling due to low commodity prices. The each governor’s political he leaves office. Some are relief payments will provide most farmers be- personality and achieve- not finished until several tween $2,000 and $3,000 in aid. ments. years after a term ends, and Other issues weren’t resolved before the However, visitors taking others have been ready to May 17 deadline and will have to wait until an independent tour of the hang months into a next year for possible legislative action. small gallery of portraits governor’s retirement. Lawmakers on a House-Senate conference can learn and imagine A portrait of former Gov. John A. The cost of a portrait can committee failed to reach a compromise this much more about the Johnson, adorned with a hand- range from $5,000 to carved frame, hangs in the Capitol. year on the controversial Profile of Learning, statesmen than what ap- $50,000 depending on the which makes up one-half of the state’s Gradu- pears on the plaques. Many of the earlier prominence of the artist. ation Standards. paintings show traditional head-and-shoul- Former Gov. Arne Carlson’s portrait, The House voted to get rid of the Profile of ders only likenesses. It is not until the later which is being done by artist Stephen Learning earlier in the session, but the Senate nineteenth century that other images or Gjertson, is expected to be completed chose only to change some of its provisions, styles appear in the portraits. One governor sometime this summer. allowing schools the choice to opt out of the is shown in an office with a law book, and Often a ceremony will mark the unveiling profile’s requirements. Both proposals could some are depicted standing. of the portrait, an event coordinated by the be revived again next year. Former Gov. John A. Johnson (1905- Minnesota Historical Society and the Christine Jax, the state’s education com- 1909) is depicted in an original Capitol governor’s family. missioner, has said she will look at adminis- armchair and does not make eye contact The only guidelines that exist stipulate trative ways to make the Profile more flexible with the viewer. Instead, the portrait has a that the portrait should keep up with the for teachers, students, and school districts. quality that some have termed somber or tradition. While the standards are not in Lawmakers also failed to reach an agree- withdrawn, evoking a sense of loss because law, the Minnesota Historical Society and ment on several abortion provisions approved the beloved governor died during his third the Capitol Area Architectural and Plan- by the House. term. The frame around Johnson’s portrait ning Board suggest that oil paints on a One such provision would have banned a was carved by his son and contains long-lasting linen be used by the artist the late-term abortion procedure called partial- Minnesota’s state symbols, such as the lady governor chooses. Current portraits — birth abortion. The House also backed a plan slipper and gopher. not including the frame — measure from that would have required making certain in- Johnson’s portrait was painted by Nicho- 46 inches by 36 inches to 55 inches by 38 formation available to women seeking an abor- las Brewer, whose son and granddaughter inches, a range the guidelines suggest art- tion and mandated a 24-hour waiting period. also painted other gubernatorial portraits. ists stay within. A third provision would have required more In the 1930s the works became more With the exception of those guidelines, detailed reporting by judges who approve a personalized, with the portrait of former a retiring governor is free to direct the governor Floyd B. Olson. St. Paul artist Continued on page 49 Continued on page 49

4 SESSION WEEKLY / May 21, 1999 Week in Review . . . May 13 - 17, 1999

AGRICULTURE

Sweet smell of compromise The House passed a bill May 14 that would ease restrictions on feedlot operators. The vote was 73-59. The compromise measure approved by a House-Senate conference committee added significantly to the original House version but omitted at least one major provision. The original House bill contained a specific exemption from state-mandated ambient hy- drogen sulfide emission levels. That provision remains in the final version, although it was broadened to include an exemption only for larger feedlot operations. The compromise was viewed by most as a way of helping feedlot operators work through other mandates and save money at a time when the farm economy is weak. The House and Senate agreed to a compromise on a bill easing restrictions for feedlot operators. Instead Gone from the final version of the bill of notifying their neighbors, feedlot owners would only have to let county or state pollution control (HF1235/SF692*) is a House-backed require- officials know when they will be extracting or stirring manure pits. ment to notify neighbors when feedlot opera- lot operators, who they believe cause the bulk plan, the monitoring would shift away from tors are going to begin stirring and extraction of the problems. the feedlot boundaries to the boundaries of from manure pits. The final version of the bill would also undo the land contained in the easement. Although the manure-containing basins “connected action” in reference to feedlots. Conditions under which the MPCA could found at most feedlots are covered with a thick In rural Minnesota today, a group of neigh- assess a penalty against a feedlot operator and odor-reducing crust most of the time, that boring farmers will often band together to require a face-to-face meeting between own- crust occasionally must be removed so the develop a “farrow to finish” operation — they ers and regulators to address issues are also manure solids can be extracted. The byproduct pool their money to purchase baby pigs and contained in the final version of the bill. is often spread on nearby land as a natural raise them for the early weeks of their lives at The debate over animal feedlot regulation fertilizer. one site. has confronted the Legislature in each of the Bill sponsor Rep. Howard Swenson (R- Later, when the pigs begin to grow, they’re past three sessions, fueled by concerns over Nicollet) said the neighbor notification lan- sent to neighboring feedlot operations until potential health hazards of air and water qual- guage came out as part of the overall they’re ready for market. ity affected by the facilities and their manure compromise. Under existing law, all of the operation sites lagoons. He said the Senate version contained no connected by farmer agreements are consid- Last year a House-approved moratorium notification provisions, while the House ver- ered one large feedlot, no matter the distance on new or expanding feedlots was rejected by sion required neighbors and the Minnesota apart, for the purposes of regulation. The bill the Senate, but a two-year moratorium on Pollution Control Agency (MPCA) or the specifies that although the pigs have a com- construction of certain swine waste lagoons county environmental officer be notified. mon ownership, the sites on which they are did make it into law. Requiring only the MPCA or county to be raised would be considered separate opera- And lawmakers directed the Office of the notified represented a compromise, Swenson tions. Legislative Auditor to study the issue, result- said. That’s what the final bill would require. Rep. Bob Gunther (R-Fairmont) said simi- ing in a report released in January that criti- Rep. Al Juhnke (DFL-Willmar) said the lar practices are already legal when out-of- cized the MPCA for not acting quickly enough neighbor notification has been implemented state companies ship pigs to finishing sites in to produce rules for feedlot operation. in Kandiyohi County and it works well. Minnesota, often to a group of neighbors. The bill moves to the governor. But Rep. Bill Kuisle (R-Rochester) pointed “That’s legal,” he said. “If we can do it with out that under the bill as it’s drafted, counties some guy from Omaha, why can’t we do it would not be prohibited from requiring neigh- To find out who represents you with Minnesota farmers?” bor notification. It simply would not be part at the Capitol . . . The bill also spells out a process under of state law. Call the House Public Information which feedlot operators could obtain air- Critics also charged that the compromise Office at (651) 296-2146 quality easements from neighbors. Under that language gave too much leeway to large feed-

May 21, 1999 / SESSION WEEKLY 5 Financial relief for farmers Funds vetoed, vaccine OK’d because farmers facing declining pork prices decided to gamble and not vaccinate. Filed A new law effective April 24 pro- More than $1.25 million in state Rep. Bob Gunther (R-Fairmont) and Sen. without vides $70 million to help funding for pseudorabies vaccine signature Paula Hanson (DFL-Ham Lake) sponsored Minnesota’s farmers. goes to swine producers in Minne- the measure. The measure became law without Signed sota whose herds are infected, un- HF414*/SF428/CH45 by the Gov. Jesse Ventura’s signature. In governor der a new law effective April 13. a letter filed with the new law, Ventura said he The vaccine is being provided to knows “there is hurt” among the state’s farm- quell an outbreak of the highly contagious Crops as collateral ers. disease, which is not harmful to humans but “However, I also know that there are many causes hogs to have reproductive problems A new law will change the way the farms, especially large corporate farms, that and to gain weight more slowly. state regards security interests in are posting profits,” Ventura wrote. “My ob- Gov. Jesse Ventura line-time vetoed agricultural crops. Under existing law, when a crop jections to this farm relief package remain $245,000 from the measure that was intended Signed by the is used as security for a loan, the threefold: There is no means-testing to ensure to help farmers with financial management. governor that relief is targeted; the money is spent in The money was to go to the Center for Farm legal description of the field where one lump sum, leaving no funds for future Financial Management at University of the crop is grown has to be included in the problems; and the farm package was split away Minnesota. filing statement. from the original rebate when it was entirely In his veto message, Ventura said that the The new law, effective Aug. 1, will remove unnecessary to do so.” state must do everything it can to eradicate that provision and make other small changes The governor also suggested that some- pseudorabies and help hog farmers. But he in how crops used for security interest are thing ought to be done to address the condi- said he believes the appropriation to provide handled. tions that created the current farm crisis. about 500 farmers with assistance to apply for Historically, the security derived from an “The economics of the agricultural indus- spring operating loans had no place in the bill. agricultural crop was linked to the field so a try are such that no reasonable person believes “In my view, all such relief proposals belong creditor could determine the location of the that next year will be dramatically better,” in an omnibus bill, especially now that the crop in which the creditor had an interest. Ventura wrote. “A long-term commitment to legislative process has already taken too long Critics of that practice argued that the crop market and innovative product development to ensure adequate and timely financing ap- must be in the bin before it can be sold and that will do more than any cash relief.” plication assistance to farmers for this plant- the value of the crop is what matters, not the The new law provides payments to farmers ing season,” Ventura said. value of the parcel of land. under one of two plans. Supporters of the measure to provide the Rep. Carol Molnau (R-Chaska) and Sen. Crop farmers are eligible to receive a pay- vaccine said farmers had done a good job over Jim Vickerman (DFL-Tracy) sponsored the ment equal to $4 per acre with a $5,600 maxi- the years working to decrease incidences of measure. mum per farm. Livestock producers on pseudorabies, but in recent months, there has HF1052/SF451*/CH105 operations less than 160 acres are eligible to been a resurgence of infected herds. receive a payment equal to the first half of their Bill opponents claimed pseudorabies flared 1999 property taxes. Regaining their Balance The law also provides for payments to farm- ers who rent farmland, as well as owner-op- Minnesota’s agricultural supply erators. Payments must be prorated among dealers are now allowed to sell Bal- partners — according to the percentage of risk ance — a new pesticide compound — to customers outside the state, — when multiple parties are involved in the Signed by the under a new law. operation of the farm. governor The law is expected to provide most farmers State law prohibits use or distri- between $2,000 and $3,000 in aid. The money bution of restricted-use pesticides not regis- should be in the hands of farmers by July. tered with the state commissioner of Under the plan, the Department of Rev- agriculture. Balance has received “conditional enue must send forms and instructions to the use” registration by the U.S. Environmental county Farm Service Administrations offices, Protection Agency, which makes it legal for which are to contact farmers. use in many neighboring states. Rep. Ron Abrams (R-Minnetonka) and Sen. The compound isn’t available for use in Doug Johnson (DFL-Tower) sponsored the Minnesota; however, under the new law, deal- measure. ers may sell it to farmers in other states where HF1*/SF106/CH112 its use is legal. The effective date of the authorization is retroactive to Jan. 1, 1999, to allow out-of- state customers who made a pre-payment on If you have Internet access, visit the Hog farmers will receive more than $1.25 million Legislature’s Web page at: for pseudorabies vaccine. Pseudorabies is a highly their 1999 agricultural chemical needs to se- http://www.leg.state.mn.us contagious disease that can cause reproductive lect Balance as their product of choice later in problems in hogs. the spring.

6 SESSION WEEKLY / May 21, 1999 The measure was sponsored by Rep. Elaine Harder (R-Jackson) and Sen. Jim Vickerman (DFL-Tracy). HF370/SF424*/CH6

BANKING Banking in Outing A new law effective March 16 al- lows a bank to open a branch office in the small community of Outing,

Signed located in southern Cass County. by the governor The law provides an exception to existing state law that prohibits banks from operating in townships. Outing is an unincorporated city in Crooked Lake Town- ship. Minnesota’s “home office protection law” Lawmakers agreed to target $60 million in bonds for the planned light-rail transit line running from the allows banks to establish branch offices in Mall of America to downtown Minneapolis. The money, which is dedicated for design and construction, cities with a population less than 10,000 only would be used to attract federal funds for the project. with consent from all the banks that have their That provision would repeal a section in the House Republicans said that it makes more home office in that city. Banks are also prohib- 1998 tax law requiring that $400 million of the sense to bond for these projects and that using ited from getting around that law by opening projected budget surplus be used to pay for bonding funds over cash for long-term projects in townships just outside city limits. projects in last year’s capital projects law. is an issue of fairness. Rep. Kris Hasskamp (DFL-Crosby), House Last year’s $999 million capital projects law They argued that the bonding projects ap- sponsor of the new measure, said First Na- authorized the state to both issue bonds and proved last year will be used by future genera- tional Bank of Crosby had planned to open an pay cash for capital improvements statewide. tions and that a cash payment would mean office in Outing, assuming it was an incorpo- Under the law, the state was to bond for ap- that this generation would be shouldering too rated city. Because Outing has its own post proximately half of the projects and pay cash much of the financial burden for the projects. office and zip code, many people don’t realize for the other half. Here are some other highlights of the bill that it has never been incorporated, she said. But a tax law provision directed the Depart- (HF2205). Sen. David Ten Eyck (DFL-East Gull Lake) ment of Finance to replace $400 million of the sponsored the proposal in the Senate. bonded sum with a $400 million cash pay- Light-rail transit HF248*/SF324/CH7 ment if a sufficient budget surplus was pro- The bonding bill would provide $60 million jected for the remainder of the 1998-1999 to build a light-rail transit line along the biennium. That makes last year’s bonding Hiawatha Avenue corridor. BONDING package 90 percent cash. Beginning in downtown Minneapolis and In November 1998, the Department of Fi- ending at the Mall of America in Bloomington, Bonding for light rail nance announced a $1.56 billion projected the proposed 12.2-mile rail line would have 18 surplus. Of that amount, $400 million is sched- stops along its route, including ones at the A $154.2 million emergency bonding bill — uled to pay for the 1998 capital projects. Minneapolis-St. Paul International Airport a key element in the tripartisan budget agree- If this year’s bonding bill becomes law, the and the University of Minnesota. ment — awaits the governor’s signature after $400 scheduled to pay for bonding projects In 1998, the Legislature appropriated $40 a close call in the House. would go back into the general fund — a million for the light-rail proposal. That same The bonding bill — which requires 81 votes transfer that is necessary to fund the budget year, the U.S. Congress allotted $120 million to pass under the Minnesota Constitution — agreement between the House, Senate, and in federal funds for the project, which could be squeaked by the House on an 81-52 vote. governor. completed as early as 2003. The bill, sponsored by Rep. Jim Knoblach This provision faced criticism from DFLers The new state funding would be contingent (R-St. Cloud), would authorize the state to on the House floor and seemed to be a sticking on receipt of a federal grant, and the bill would borrow money to fund several capital im- point in getting the votes necessary to pass the require that the project receive an additional provement projects considered to be high- bill. DFLers said that last year’s decision to pay $223 million in funding from federal and local priority statewide. for the projects with cash was based on the fact sources. The Legislature typically produces its main that the state would save interest payments in The bill would require that if the federal bonding bill in the second year of the session, the long run. government doesn’t approve the project by which is the even-numbered year. But smaller They also said that the move to repeal last certain deadlines, the funds must be returned, bills for emergency needs are usually passed in year’s law would mean that the state was, in including any remaining funds from the 1998 the first year. effect, borrowing money to pay for this year’s appropriation. Following a recommendation in the budget agreement, including the proposed tax And the bill would require the transporta- governor’s budget, the emergency bonding cuts and rebates. tion commissioner and the chair of the bill includes a cash-to-bonding provision.

May 21, 1999 / SESSION WEEKLY 7 Metropolitan Council to submit a report to get $1.3 million for improvements to its goods warehouse owners, who usually deal the Legislature outlining a financial plan for heating and cooling system. with the public, from general operators, who ongoing operation of the transit line. usually deal only with companies and corpo- The governor recommended the $60 mil- State government rations. That provision also will change bond- lion in state funding for light-rail transit in his The Department of Administration would ing practice, making it less onerous for certain proposed biennial budget. The Senate had get $4.2 million. Of that amount, $1 million warehouse operators. originally sought to fund the project with cash would go for planning and design of infra- Rep. Dan Dorman (R-Albert Lea) and Sen. from the state’s general fund, but earlier in the structure projects for a possible steel mill that Paula Hanson (DFL-Ham Lake) sponsored session, the House had rejected the Hiawatha may be constructed in Itasca County. A sepa- the measure. project. rate omnibus tax bill (HF2420) also contains HF893/SF1041*/CH110 The bonding bill also would give $10 mil- a $20 million appropriation for this project. lion to the transportation department for Under the bonding bill, the department’s grants to go to local bridge replacement and appropriation also would include $190,000 Stock sale changes rehabilitation. And the bill would provide $10 for improvements at the state veterans’ home A new law makes it easier for com- million to the transportation revolving loan in Hastings. The department also would get panies to issue and sell small stocks fund also for local projects. Public transit and $150,000 for planning and design of a monu- to investors. light rail would be excluded from these grants. ment to honor World War II veterans. Signed The law, effective April 28, makes The Department of Corrections would get by the governor technical changes in state law re- Brooklyn bridge $1.8 million for renovations to the sewer sys- garding stock holdings of smaller The bill would provide a $440,000 loan to tem at a correctional facility in Faribault. companies. Of those changes, the required the city of Brooklyn Park to help finance the The bill would also direct the Legislative value for such stocks is lowered from $5 to $1 building of a pedestrian bridge and related Audit Commission to investigate a mold prob- per share. costs. That financing would be contingent lem at the state veterans’ home in Luverne. Another change requires the commissioner upon the receipt of additional funding from The Department of Administration is in the of commerce to approve the sale of stock no the federal government. middle of a $6 million project to remove the more than 20 days after the securities registra- The pedestrian bridge project comes as a mold from the facility. tion form is filed. Under the old law, there was result of the tragic death of 11-year-old Kara And the education department would get no such deadline. Kavanagh. In March, Kavanagh was hit by a $5.3 million to provide two integrated educa- Rep. Bill Haas (R-Champlin) and Sen. Don car while attempting to cross Minnesota High- tion grants to the Southwest Metropolitan Betzold (DFL-Fridley) sponsored the way 252 in Brooklyn Park. Integration and Interdistrict Arts and Science legislation. The proposed bridge would cross the high- Middle School, two magnet schools located in HF661/SF832*/CH103 way a few blocks from where the accident took the metropolitan area. place. The bonding bill also would transfer an additional $20 million from the general fund CHILDREN Wastewater treatment to a Minnesota minerals 21st century fund The bonding bill would also give $20 mil- created by the omnibus jobs and economic lion to fund the state’s wastewater infrastruc- development funding bill (HF2390), if that Child care, family programs ture program. The existing program provides bill becomes law. The fund would be used to A bill sent to Gov. Jesse Ventura would assistance to local governments for the con- provide financial assistance for mineral pro- authorize $462.1 million in state funding for struction and improvements to wastewater cessing facilities. child care, temporary housing, and family treatment systems. education programs. Lawmakers in the House passed the omni- Flood prevention BUSINESS bus family and early childhood education fi- Also in the bill, $19 million would go to the nance bill May 14 on a 68-65 vote, and the Department of Natural Resources to be used New warehouse regulations Senate approved it May 15 on a 57-4 vote. for flood mitigation projects statewide, in- Rep. Barb Sykora (R-Excelsior) and Sen. cluding projects in Ada, Breckenridge, A new law will update Minnesota statutes dealing with warehouses, Pat Piper (DFL-Austin) are the sponsors of Crookston, East Grand Forks, Oakport, the legislation. St. Paul, and Warren. which were written originally in 1915. In addition to state funding, the measure Signed would transfer $80.4 million in federal funds by the Effective Aug. 1, warehouse op- MnSCU projects governor erators will no longer be required from the Temporary Assistance for Needy A total of $11.1 million would go to the Families (TANF) block grant to the state. Minnesota State Colleges and University to provide paper receipts for items in storage. Many warehouses deal with multi-national That money would be used for child-care (MnSCU) system. The bulk of that amount initiatives. It would mostly go to shorten long would go to Winona State University for a companies and conduct business electroni- cally, making it impossible to fulfill the letter waiting lists for the Basic Sliding Fee program, new boiler system and emergency generators. which is a state initiative to help low- and Moorhead State University would receive of the old law. Warehouse operators will also be able to moderate-income working families pay for $3.7 million to demolish blighted structures child care using an income-based, sliding-fee and build new parking facilities on recently choose which accounting practices they wish to use in running their business, rather than scale. acquired land, and Ridgewater Community Here’s a look at some of the key provisions and Technical College in Hutchinson would having them mandated by the state. Also, the new law will separate household in the bill (HF1467*/SF1621).

8 SESSION WEEKLY / May 21, 1999 Children and Families in rural Minnesota. A total of $150,000 would The measure rewrites the state’s juvenile Programs that provide care and develop- fund GED on TV, an initiative that provides law — currently a mishmash of policy relating ment for children would receive $406.9 mil- instruction for high school equivalency de- to children — without changing any of the lion in state and federal funds over the next grees on public television stations in rural substantive policy. two years. areas. The new law, effective Aug. 1, divides it into That money, which accounts for the bulk of In a provision that originated in a bill four sections — general organization, tru- the spending proposed in the bill, would be (HF819) sponsored by Rep. Bob Ness ancy, delinquency, and children in need of divided among welfare child-care programs, (R-Dassel), teachers of English as a second protective services. the Basic Sliding Fee program, early child- language in adult basic education programs In 1997, lawmakers directed the Office of hood education, and Head Start. would no longer be required to earn a teacher’s the Revisor of Statutes to review the state’s The boost in funding would shorten county license. Instead, they could have a four-year juvenile law and offer a plan for its reorganiza- waiting lists for the Basic Sliding Fee program. degree in English or another approved subject tion. The new law comes as a result of the The increase would remove about 3,000 of the area. office’s work. 7,000 parents on the current lists. However, Transitional housing programs would see Sen. Jane Ranum (DFL-Mpls) sponsored the bill would raise family co-payment fees to $4.2 million and emergency shelters would the measure in the Senate. help pay for the increased aid. receive about $700,000. A portion of the tran- HF1310/SF184*/CH139 The state’s at-home infant care program, sitional housing funds would go toward pro- which pays subsidies to working parents who grams to help homeless veterans and two St. want to stay home to care for their babies, Louis Park family housing projects. CRIME would be expanded. Currently, parents who A lead abatement program that was not apply for the program are placed on the same included in Ventura’s budget recommenda- Anti-crime finance bill waiting list as applicants for the Basic Sliding tions would be funded at $500,000. State fund- Fee program. Because of long waiting lists, ing would not be continued for energy A $1.1 billion crime bill seeks to reduce parents often find that their children have assistance and weatherization grants. accidents that result from high-speed chases, outgrown the need for the infant program And $500,000 in state funds would go to- build a database of DNA samples from dan- when their names finally come up. ward a program to promote saving money gerous criminals, and provide civil penalties The bill would separate the programs on the among low-income families. The program, for people who claim responsibility for releas- waiting list, allowing parents to opt for the at- called Family Assets for Independence is a ing lab animals. home program right away. That provision was measure brought forward by House Majority The House passed the bill May 15 on a part of a separate bill (HF1362) originally Leader Tim Pawlenty (R-Eagan). 98–35 vote. The bill now goes to the governor. brought forward by Rep. Richard Mulder The spending bill, sponsored by Rep. Sherry (R-Ivanhoe). Prevention and Intervention Broecker (R-Vadnais Heights), would fund Another plan to shorten waiting lists would Many smaller programs that focus on pre- the state court and correctional systems, law require counties to pre-determine a family’s venting chemical abuse, violence, and juve- enforcement and public safety agencies, and eligibility for child-care assistance before put- nile delinquency would also be funded under agencies such as the human rights department ting them on a waiting list. Counties would the bill. and the crime victim services center. also have to update their waiting lists at least Adolescent parenting grants would total The measure also contains several policy every six months to keep them current. $1 million, and $300,000 would go to Native provisions that have an impact on the state’s Also in the bill is a proposal that would American youth programs. Another $400,000 criminal justice budget. investigate child-care assistance fraud. As part would support youth activities hosted by state Here are some highlights of the omnibus of that plan, a new universal application form armories, and $500,000 would be targeted for bill (HF2404/SF2221*). would be created and used by county and state organizations that educate young fathers. officials to help keep track of families receiv- After-school enrichment grant programs Police pursuit ing child-care assistance. would receive $10.5 million, and $50,000 The omnibus bill addresses several issues The fraud prevention initiative includes would help support First Call Minnesota, a involving police chases. The provisions were penalties for families who wrongfully obtain statewide information and referral system for originally sponsored by Rep. Rich Stanek (R- child-care assistance. Those penalties include families who need to locate organizations that Maple Grove), who is a police officer. temporary and permanent disqualification provide social services. The bill would mandate additional training from state-subsidized child-care programs. time for officers, create a statewide pursuit Starting in fiscal year 2002, school districts Juvenile law re-organization policy, provide new technology for training would see a per-pupil funding boost in early and pursuit, and strengthen the current laws childhood family education aid from $113.50 A new law will make structural against fleeing an officer. per child to $120 per child. In fiscal year 2000, changes to state law dealing with Under the bill, the Peace Officer Standards those programs would receive additional aid juveniles. and Training (POST) Board would establish a of $2.46 per child. The bill also would require Rep. Kevin Goodno (R- pursuit training course for police officer ca- Signed districts to set up reasonable sliding-fee scales by the Moorhead), the measure’s House dets. The bill would mandate that each cadet for those programs. governor sponsor, said the law will separate receive at least seven hours of training and that the two very different issues of ju- all current officers receive at least eight hours Self-sufficiency programs venile delinquency and child protection of training every three years. And the bill The bill would allot $42.6 million for adult services. would provide $300,000 in grants to local law basic education, and nearly $2 million in addi- “By separating them out, it will make the enforcement agencies to assist with the new tional money would go to support programs law more user-friendly,” he said. training requirements.

May 21, 1999 / SESSION WEEKLY 9 stress disorder if the officer legally took another life or caused great bodily harm. The bill would require that a licensed psy- chologist determine that the officer cannot perform official duties due to the incident. The benefits would include payment of wages for up to one year if the officer can’t work due to the stress and payments for medi- cal and psychological treatment. Last year, lawmakers paid about $24,000 in the claims bill to a Benton County deputy. In 1996, the deputy shot and killed a suspect in the murder of a St. Joseph police officer. The deputy later suffered from post-traumatic stress syndrome and was unable to work for eight months, but she was refused lost-wage payment by Benton County.

Three strikes This year’s crime bill contains several provisions that would step up efforts to safely train officers for The conference committee removed the so- police chases. The measure also calls for officials to develop a model policy for such pursuits. called three strikes sentencing provisions, The bill also would require the POST Board presumed by the law to be legally liable for originally sponsored by Rep. Jim Seifert to develop a statewide model pursuit policy. damages, even if they weren’t directly respon- (R-Woodbury). The policy would be used to develop guide- sible for the action. It would then be the re- Those provisions would have required lines for each local law enforcement agency. sponsibility of the person or group to prove courts to sentence a person who is convicted Under current law, local agencies are given that they aren’t actually liable for damages. of a third violent felony to a life sentence. wide latitude to establish their own proce- The bill also would set a minimum level of Under current law, offenders serving a life dures for pursuit. damages — $5,000 or three times the actual sentence cannot be released into a supervised And the bill would provide funding for damages, whichever is greater — that can be release program until they have served a mini- technologies that would both train officers recovered by plaintiffs. mum of 30 years in prison. and, supporters hope, end pursuits more These provisions come as a response to a For second-offense violent felons, the bill quickly, including $400,000 to pay for so- break-in at a University of Minnesota labora- would have lowered the threshold necessary called “stop-stick” tire deflators to be distrib- tory earlier this year in which numerous ani- to use increased sentences already in place in uted to local agencies. mals were released. The Animal Liberation current law. The measure also would direct the commis- Front, an animal rights group, took credit for Seifert’s proposal would have limited the sioner of public safety to create a process for the break-in, but authorities couldn’t take any scope of crimes that could be counted toward distributing these devices. legal actions against the group. the mandatory sentence. The measure would have exempted several felony-level crimes from DNA database Sex offenders consideration, including certain drug crimes, The omnibus bill also includes provisions, The bill would require that agencies re- third-degree assault, second-degree arson, and originally sponsored by Rep. Doug Fuller (R- sponsible for supervising level III sex offend- burglary. Bemidji), that would increase the state’s data- ers — those deemed most likely to re-offend The measure also would have given judges base of DNA samples. — must consider concentrations of sex of- the power to waive the mandatory life sen- Current law requires only sex offenders to fenders in certain areas when working with tence if the court found substantial and com- submit DNA samples to a statewide database these offenders. pelling reasons to do so. kept by the Minnesota Bureau of Criminal An earlier amendment offered would have Apprehension. prevented these offenders from living within Public safety spending The bill would add several crimes not con- 1,500 feet from another offender or within a The Department of Public Safety would get sidered sex offenses to the list of crimes for block of schools, parks, or licensed day-care $86.4 million over the next two years, under which offenders must submit samples. Those centers. the bill. crimes would include murder, assault, kid- Proponents of that amendment said that Of that amount, the Bureau of Criminal napping, and burglary. certain low-income areas are forced to house Apprehension would get $50.8 million. A to- The bureau would get $125,000 to update its a disproportionate share of these offenders. tal of $15,000 would pay for an in-depth study facilities to handle the new data, under the bill. The final wording in the bill would require of the Capitol complex’s security system, in- the agencies to work to keep this from hap- cluding an analysis of the strengths and weak- Unauthorized release animals pening to the “greatest extent feasible.” nesses of current procedures. The bill would also expand possible civil Also in the department appropriation, the penalties for releasing lawfully confined ani- Post-traumatic stress benefits Division of Alcohol and Gambling Enforce- mals, such as animals in a research lab. The omnibus bill also would require local ment would receive $3.6 million, and the state The bill states that people or organizations law enforcement agencies to provide benefits Fire Marshall would get $6.4 million. that claim responsibility for the act are to any officer suffering from post-traumatic And the public safety department’s appro- priation would include $7.7 million for the

10 SESSION WEEKLY / May 21, 1999 Emergency Management Division. Of that Crime victims amount, $120,000 would go to an existing The bill would provide $793,000 to fund the program that allows police departments to state’s Ombudsman for Crime Victims. The seek reimbursements for costs incurred from ombudsman investigates complaints of unfair using one of the state’s few bomb disposal treatment of crime victims and witnesses by units. criminal justice agencies and reviews the state’s Currently, local law enforcement agencies victim assistance programs. must call on one of four police departments in And the bill would appropriate $45.2 mil- Minnesota with bomb disposal units when lion to the Minnesota Center for Crime Vic- dealing with bombs or other hazardous tims Services. The center administers the crime explosives. victim reparations program. Created in 1974, The department’s funding also would in- the program provides financial assistance to clude $17.8 million for law enforcement grants victims of crime. The program also receives to be awarded to individual communities. funding from restitution paid by offenders Mary and Larry Antonich of Two Harbors have Included in that amount is $1.5 million to and state and federal inmate wage deductions. been awaiting the trial of their son’s alleged killer assist the courts in Minneapolis now dealing for two and a half years. Lawmakers approved Included in the center’s appropriation, the with the influx of cases as a result of that city’s more than $46 million to help crime victims and bill would provide $100,000 to an existing CODEFOR police strategy. their families over the next two years. emergency fund. This fund would be available CODEFOR, which stands for Computer to crime victims with immediate needs. For judgeships in the state. Court officials say that Optimized Deployment-Focus on Results, uses example, victims who may be forced to travel their original proposal would have provided a computer analysis to deploy police resources long distances to attend trials could seek reim- 6.5 percent increase in judgeships since the based on daily reports of crime. The manage- bursements from this fund to pay the addi- last time new judges were approved in 1995. ment plan also seeks to actively involve the tional lodging and travel expenses. Meanwhile, caseloads have increased by 10 community in policing, holds precincts and percent over the same period. divisions accountable for results, and focuses The Board of Public Defense would receive on crime reduction as the overall police $91.9 million over the two-year budget pe- mission. Last word for prosecutors riod. Of that amount, the state public de- Under the bill’s community grant provi- fender would get $6.5 million, and district A new law will make Minnesota sions, $5.1 million would go to the state crimi- public defenders would receive $83 million. like the other 49 states that give nal gang oversight council and strike force, prosecutors the final word in crimi- and $1 million would go to assist in the devel- Funds for corrections nal trials. opment of a statewide, integrated criminal Signed The bill would provide $669.7 million to the by the Current Minnesota law states that justice computer system. governor Department of Corrections for operation of the prosecutor goes first in final The bill would provide a $500,000 commu- the state’s correctional system over the next arguments and is followed by the defense at- nity grant to the Ramsey County Attorney’s two years. Minnesota’s correctional system torney. Judges are allowed to give the prosecu- Office to implement a domestic assault and currently houses 5,500 inmates. tor a response to the defense’s final arguments child abuse prosecution pilot project. The Included in that amount, the Community only to address misstatements of fact or law, project would combine city and county pros- Service Division would receive $192.7 mil- or if the defense’s argument is prejudicial or ecutors into one unit to deal with the crimes. lion. A total of $6 million would go for proba- inflammatory. And $1 million would be provided for Asian- tion caseload reductions and intensive The new law, effective Aug. 1, will guarantee American juvenile crime intervention and supervisions programs. Currently, more than the prosecutors an absolute right to respond prevention grants. This program is currently 115,000 offenders are in probation or com- following the defense’s final arguments. The overseen by the Department of Human Ser- munity services programs across the state. response can only address issues brought up vices; the bill would move it under the public The bill would close the Camp Ripley work by the defense’s argument. safety department. program, providing a $2.7 million savings. Majority Leader Tim Pawlenty (R-Eagan), The work program was established by the the new law’s sponsor in the House, said it is Courts and public defense Legislature in 1997 to provide a sentencing only fair that prosecutors — who have the The state court system would receive $222.6 alternative for nonviolent offenders. The pro- heavy burden of proving the case — be al- million over the two years, under the bill. gram was seen as a way to relieve pressure on lowed to go last. He pointed out that Minne- Of that amount, the state Supreme Court county jails. sota is the only criminal system in the nation would get $51.8 million, the state Court of But the program hasn’t been used by coun- that allows the defense to go last. Appeals would get $13 million, and the trial ties to its full potential, and lawmakers are Pawlenty also said that crime victims and courts would get $156 million. proposing to discontinue the program. victims’ families suffer under the current sys- Included in the trial court appropriation, The bill would give the corrections depart- tem. He said sometimes the last thing that the bill would provide 13 additional district ment the statutory authority to open the victims’ families hear in the courtroom are court judges. The proposal would increase the planned Rush City prison facility, but it would disparaging remarks from the defense about number of judges in five of the state’s 10 only allow the facility to operate until July 1, the victim, and the prosecution doesn’t get a judicial districts, and it would provide $4.7 2001, without the Legislature’s approval. The chance to challenge the claims. million for these new positions and related facility will open in January 2000 and will Critics argued that the measure violates the costs. house over 950 inmates. separation of powers clause in the state consti- The original request called for 18 new tution and that the Legislature shouldn’t

May 21, 1999 / SESSION WEEKLY 11 interfere in court procedures, an area that Rep. Wes Skoglund (DFL-Mpls) and Sen. Some tribes have recently established police should be overseen by the courts themselves. Dave Johnson (DFL-Bloomington) sponsored agencies or beefed up existing police forces in Sen. Randy Kelly (DFL-St. Paul) sponsored the measure. response both to an increase in crime and a the measure in the Senate. HF1255/SF2120*/CH163 1997 Minnesota Supreme Court decision. HF197/SF198*/CH72 In that decision, the court ruled that non- tribal state and local law enforcement agencies Guns for sale Drug banned don’t have jurisdiction over civil and regula- Local sheriffs and police chiefs will tory violations — such as traffic violations — Gamma hydroxybutyrate — a drug soon be allowed to sell confiscated on tribal lands. commonly known as GHB — will firearms. Prior law authorized the Mille Lacs Band, become a controlled substance in the Lower Sioux Indian Community, and the Signed Current law requires those agen- Minnesota, under a new law signed by the Fond du Lac Band to exercise concurrent ju- Signed governor cies to destroy all forfeited weap- by the by the governor May 13. risdictional authority. The new measure ex- governor ons that they cannot use, including GHB is a central nervous system firearms, ammunition, and firearm pands the law to include the other eight tribes depressant with effects similar to alcohol. accessories. in Minnesota. Overdoses of GHB can lead to seizures, respi- The new measure, effective Aug. 1, will give Rep. Steve Smith (R-Mound) and Senate ratory problems, or coma. It has also been agencies the authority to either destroy those Majority Leader Roger Moe (DFL-Erskine) reported that GHB is being used as a date-rape weapons or to sell them to federally autho- sponsored the legislation. drug. rized dealers. HF1607*/SF1674/CH175 The drug can easily be manufactured from The new law also will require local agencies chemicals available from mail-order supply to sell any antique guns they seize. But semi- houses and recipes can be found on the automatic, military-style assault weapons will Protecting callers in crisis Internet. continue to be destroyed, under the law. A measure signed by the governor The new law, effective Aug. 1, will classify And the measure will allow the Hennepin clarifies an existing law frequently GHB as a schedule III controlled substance. and Ramsey county boards to prohibit their used to prosecute domestic assault Doctors will be able to prescribe GHB if the respective sheriffs from selling confiscated fire- offenders. federal Food and Drug Administration (FDA) Signed arms. by the Under a 1997 law, prosecutors approves the drug, under the measure. governor Under existing law, local law enforcement can charge a person who interferes Schedule III drugs are classified under the agencies keep 70 percent of the proceeds from with a phone call to a 911 dispatcher with a law as serious controlled substances, although the sale of any forfeited property, county at- gross misdemeanor crime. The law is often not as serious as schedule I and II drugs — torneys and other prosecutors get 20 percent used against domestic assault offenders who such as heroin, cocaine, and marijuana. To be of the proceeds, and the state receives the try to prevent their victims from calling the classified as a schedule III drug, the substance remaining 10 percent. police for help. must also have an accepted medical use. Critics of the plan say that the measure will The new law, effective March 30, expands In 1987, the FDA classified GHB as an or- just put guns back on the streets to be used the existing law to include all emergency calls phan drug, meaning that it may provide treat- illegally. to police, ambulance services, or fire depart- ment for people with rare diseases or disorders. Rep. Roxann Daggett (R-Frazee) and Sen. ments, not just calls placed through 911. The FDA approved GHB for investigational Pat Pariseau (R-Farmington) sponsored the Rep. Michael Paymar (DFL-St. Paul) and research, but has yet to approve the drug for measure. Sen. Jane Ranum (DFL-Mpls) sponsored the medical use in the United States. HF70*/SF197/CH148 measure. Minnetonka-based Orphan Medical, Inc. HF193/SF255*/CH24 — a company that specializes in orphan drugs — is currently researching a GHB-based drug Tribal police forces for people who suffer from narcolepsy. The company hopes to eventually get FDA ap- A new law effective May 19 allows Countering counterfeiters proval to market the drug nationwide. The tribal law enforcement agencies to There will be new criminal penal- new law will allow the company to continue its share authority with local sheriffs ties for people who trade in coun- research. Signed on tribal land. terfeit products. The FDA recently went after several compa- by the The law outlines the conditions governor Signed The measure, effective Aug. 1, will nies making dietary supplements containing under which a tribal law enforce- by the governor create a new crime of counterfeit- Gamma Butyrolactone (GBL). When taken ment agency can exercise concurrent jurisdic- ing intellectual property. The law orally, the body converts GBL into GHB. tional authority over criminal violations with will prohibit the manufacture, possession, or Companies that manufactured the dietary the local sheriff. sale of counterfeited property. supplements claimed that the products im- The measure also allows tribal police offic- Current Minnesota law has no criminal proved physical performance, restored hair, ers to become certified by the state’s officer penalty for counterfeiting property. Counter- reduced stress, enhanced sex, increased life licensing board. feit claims must be brought forward by the expectancy, and helped with sleeping Supporters of the law say the plan will help person or company owning the rights to the problems. ensure public safety on reservations and that property, and must go through the civil court Most companies ceased manufacturing the the certification provisions will help the tribal process. dietary supplements and recalled their governments recruit and retain qualified po- Rep. Chris Gerlach (R-Apple Valley), the products. lice officers. measure’s House sponsor, said that the

12 SESSION WEEKLY / May 21, 1999 practice of attaching registered trademarks or trade names to unauthorized products is grow- Silent vigil ing. He said counterfeiters can see big profits from the sale of the fake goods and face no risk of prosecution. Gerlach said tougher penalties are needed because counterfeiters take business away from legitimate companies, and defective and infe- rior goods produced and distributed by coun- terfeiters can pose a danger to consumers. The new law also outlines penalties for the counterfeiting crime based on number and value of the items counterfeited. The maxi- mum penalty will be a five-year prison sen- tence and a $100,000 fine. And the law will include the new crime under a list of crimes that can apply to rack- eteering charges. Increased penalties can be applied if the counterfeiting crime is proven to show a pattern of organized crime. Sen. Dave Johnson (DFL-Blooomington) sponsored the measure in the Senate. HF263/SF411*/CH142 A lone officer guards the Peace Officers Memorial on the Capitol mall. The vigil was part of the annual Police Officers Memorial Day service on May 15, which drew police officers from all over the state. Payback for crime victims A new law will make several changes Strict line on poisoning Under the new law, sheriffs and workhouse to the ways crime victims can seek administrators will be required to have an A new law aims to get tough on the agreement in place on the conditions of the financial relief. crime of poisoning. The law, effective Aug. 1, will al- transfer, including how costs will be handled. Signed Specifically, the new measure will Rep. Rich Stanek (R-Maple Grove) and Sen. by the low courts to deposit any un- governor expand the law against adultera- claimed restitution payments Signed Dave Johnson (DFL- Bloomington) sponsored by the tion, which is the crime of inten- the measure. collected from offenders into the state’s repa- governor tionally adding a dangerous or HF216*/SF236/CH49 rations account for crime victims. The court poisonous substance to another person’s food, will be required to forward the victim’s name drink, or medication. and last known address along with the amount Under current law, the person committing Drug law loophole closed being deposited to the Crime Victims Repara- the crime must know that the dangerous sub- Gov. Jesse Ventura signed a new tion Board. stance will cause harm. The new law will re- law that will close a loophole for The measure will also expand the time limit quire only a knowledge that the substance is people guilty of multiple drug to file a claim from the reparations account capable of causing harm. from two years to three years, and will make crimes. The measure, effective Aug. 1, also will in- Signed changes to requirements involving child abuse by the Current law allows courts to de- crease penalties for the crime of adulteration. governor fer judgement for certain first-time claims. And the measure will create a penalty for cases drug offenders as long as the offender agrees And the new law will allow crime victims to in which actual physical harm does not occur. to participate in diversion programs. make claims for moving expenses and other Rep. Mike Osskopp (R-Lake City) and Sen. But if the same person commits another related costs due to the crime. It will cap those David Knutson (R-Burnsville) sponsored the drug crime, the stay of adjudication doesn’t payments at $1,000. new measure. apply as a prior conviction for the purposes of The reparations account was established in HF735*/SF495/CH64 1974 to provide financial assistance to victims enhanced penalties for repeat offenders. As a of crime. In addition to receiving a state ap- result, the offender is only sentenced as if he or she has no prior convictions. propriation, the program receives funding Waiting in the workhouse from restitution paid by offenders and state The new law, effective Aug. 1, will make and federal inmate wage deductions. A new law will authorize county such stays of adjudication the same as a prior Rep. Tim Mahoney (DFL-St. Paul) and Sen. sheriffs to transfer prisoners wait- drug conviction when courts consider if the Richard Cohen (DFL-St. Paul) sponsored the ing for trial from the county jail to enhanced penalty can apply. measure. House Majority Leader Tim Pawlenty (R- Signed the county workhouse. HF1359*/SF1023/CH136 by the Eagan) and Sen. David Knutson (R-Burnsville) governor Current law allows sheriffs to transfer only prisoners who have sponsored the measure. been sentenced. The new measure, effective HF142*/SF1634/CH98 Aug. 1, will allow sheriffs to do the same with pretrial prisoners.

May 21, 1999 / SESSION WEEKLY 13 Challenging court orders Protection for search dogs Stopping child porn There will be a time limit on when Effective Aug. 1, state law will in- Investigators say they are seeing a prolifera- criminal defendants can challenge clude criminal penalties for killing tion of child pornography on the Internet, and court-ordered restitution, under a or harming search and rescue dogs. a plan to give them the tools to fight it is new law effective Aug. 1. Under current law, harming or headed for the governor’s desk. Signed Signed by the Currently, courts can order that a by the killing a police dog is a crime that The House passed the final version of the governor governor person convicted of a crime pay the can be punished by up to two years bill May 15. The vote was 133-0. victim expenses resulting from the crime. Res- imprisonment. The new measure will add The bill, sponsored by Rep. Wes Skoglund titution can include medical bills, therapy costs, search and rescue dogs to that law. (DFL-Mpls), would clarify the definition of or the replacement of lost wages. Search and rescue dogs often belong to pri- these crimes to make it easier to prosecute Current law also outlines a process whereby vate associations that offer volunteer services Internet offenders. defendants can challenge the amount claimed to police and fire departments. Those private The measure (HF1081/SF1404*) also would by the victim. associations sought the change in state law. increase the crime level for possessing and The new law will give the defendant 30 days Rep. Darlene Luther (DFL-Brooklyn Park) distributing child pornography from a gross to challenge the amount of the restitution. and Sen. Dave Johnson (DFL-Bloomington) misdemeanor to a felony, and would increase The clock starts ticking when the defendant is sponsored the new law. penalties for those crimes. informed of the amount requested or is sen- HF67*/SF32/CH77 tenced to pay, whichever is later. Rep. Mike Osskopp (R-Lake City) and Sen. Check bouncers Making no-shows pay David Knutson (R-Burnsville) sponsored the A measure that would create a diversion measure. Lawmakers passed a new law that program for people who write bad checks just HF733/SF117*/CH38 will help prosecutors recoup costs needs the endorsement of the governor to when defendants don’t show up become law.

Signed for court appearances. The bill, passed by the House on May 15, Violating rental deals by the would allow prosecutors to establish a diver- governor Under current law, criminal de- fendants who skip a court appear- sion program and to dismiss charges for of- A new law will target people who ance can be charged with the additional crime fenders who complete the program. rent items and then fail to return of failure to appear in court. Judges can order Bill sponsor Rep. Rich Stanek (R- them on time. jail time and fines for defendants found guilty Maple Grove) said the measure would sepa- The measure, effective Aug. 1, will Signed of failing to appear. rate people who intentionally write bad checks by the change the criminal theft law to governor The new law, effective Aug. 1, will allow from those who just have money management apply to rental situations where the judges to also order those defendants to pay problems. He said his bill would get the unin- value of the property is $100 or more. any costs incurred by the county or city tentional offender out of the criminal justice Rep. Tom Hackbarth (R-Cedar), House attorney. system and into programs that could provide sponsor of the new measure, said that people Rep. Mike Osskopp (R-Lake City) and Sen. help. sometimes keep expensive rental property past David Knutson (R-Burnsville) sponsored the The bill also provides a list of criteria that when it is due and the business owners have measure. prosecutors would have to consider when ac- little recourse. HF732/SF99*/CH27 cepting offenders into the program, including He said that these people are denying the past dishonored check complaints, evidence owners potential income from other rentals, of intent to defraud, and the victim’s wishes. and he said that should constitute theft, re- Offenders in the program would be required gardless of whether or not the property is Paying for DWI enforcement to successfully complete a class on check writ- eventually returned. The governor signed a new law that ing and money management, pay restitution The new law, effective Aug. 1, outlines con- will help county sheriffs pay for to the victim, and pay all service charges re- duct in rental agreements that will qualify as a DWI investigations. quired. violation of that law, including failure to re- Under current law, sheriffs main- The bill (HF624/SF441*) would also create turn the property and failure to pay the agreed- Signed by the tain a fund made up of fines col- a new five-year prison penalty for writing a upon rental charges. governor lected for violations of controlled dishonored check valued at more than $500. The measure will also change the definition substance and liquor control laws. Sheriffs of value in the current theft law to include can use the money to finance investigations DEVELOPMENT damages to the rental property and the poten- into violations of these laws. tial rental value that the owner could have The new law, effective Aug. 1, will expand Funds for jobs, housing received had the property been in his or her the list of crimes the funds can be used to possession. investigate to include DWI investigations. A $499 million jobs and economic develop- Sen. Paula Hanson (DFL-Ham Lake) spon- Rep. Steve Smith (R-Mound) and Sen. Dave ment bill — with a heavy emphasis on afford- sored the measure in the Senate. Johnson (DFL-Bloomington) sponsored the able-housing initiatives — just needs the HF868*/SF866/CH76 measure. governor’s signature to become law. HF240*/SF236/CH49 The House passed the bill May 15. The vote was 83-47. The appropriations bill, sponsored by Rep. Dan McElroy (R-Burnsville), would provide

14 SESSION WEEKLY / May 21, 1999 funding for two dozen state agencies over the the schools. The bill would provide $1 million ism, and economic development to Minne- next two years, including the departments of for the project. sota. The plan would be submitted to the commerce, economic security, housing, la- The bill would provide $1.8 million for Legislature next year. bor, and trade and economic development. home ownership assistance programs and $8.6 The department would also be directed to The bill also includes several one-time fund- million housing rehabilitation programs. And establish a “Minnesota minerals 21st century” ing initiatives designed to address short-term it would give $1.2 for a mortgage foreclosure account for financing mineral processing fa- job and development issues. prevention program and $6.5 million for cilities. Any financing in the Iron Range tax- Here are some highlights of the bill homelessness-prevention programs. relief area would have to be matched with (HF2390). IRRRB funds. Change on Iron Range The Department of Economic Security Housing initiatives The bill originally included a plan to replace would receive $82.6 million over the next two The Minnesota Housing Finance Agency lawmakers who serve on the Iron Range Re- years for job training and employment would get $120.5 million — $45 million more sources and Rehabilitation Board (IRRRB) services. than was provided in the last two-year budget with appointed citizens. Included in this appropriation, State Ser- — to address a current shortage of affordable House Speaker Steve Sviggum (R-Kenyon), vices for the Blind would receive $10.9 mil- housing. sponsor of these provisions, argued that the lion. The department is required under the Included in that amount, $30 million would IRRRB’s current makeup causes constitutional bill to audit State Services for the Blind to find go toward preserving federally subsidized problems, because legislators are prohibited the cause for the deficit that occurred in the rental housing. Some owners of federally sub- from holding other public offices. agency’s 1999 budget. sidized properties are opting out of the pro- Sviggum’s proposal would have required The bill would provide $36.4 million to the gram and charging market-rate rents. The the governor to appoint 10 board members Department of Commerce over the next two funds would provide incentives for these own- who were not legislators. years. Of that amount, $1.4 million would ers to remain in the program. The IRRRB oversees six different accounts fund an upgrade of the database systems used The bill would direct the department to that appropriate money for environmental or by the department, and $90,000 would go establish a “challenge grant” program. The economic development projects in northeast- towards the development of an online licens- grants and loans could be made available to ern Minnesota. The board administers funds ing Web site. developers, non-profits, and cities for hous- received through a specific tax paid by mining The bill would also provide $1.1 million to ing development specifically targeted for job companies in the area. the Minnesota Indian Affairs Council, creation and economic development. Under Under current law, the House speaker ap- $638,000 to the Chicano Latino Affairs Coun- the bill, a one-time appropriation of $20 mil- points five state representatives to serve on the cil, $563,000 to the Council on Asian-Pacific lion would go for the challenge grants and board, and the Senate Subcommittee on Com- Minnesotans, and $649,000 to the Council on loans. mittees appoints five state senators. The 11th Black Minnesotans. Of the appropriation to The bill also would establish an “innovative member is the commissioner of natural re- the Council on Black Minnesotans, $25,000 and inclusionary housing” program. The pro- sources. would go to the annual planning of the Martin gram would finance housing developments The final bill includes a compromise of the Luther King, Jr. holiday. that use innovative building techniques and Sviggum plan. The board would be increased Also under the bill, the Department of La- are located in communities willing to waive from 11 members to 13 members. Ten of the bor and Industry would be appropriated $49.6 housing regulations that might increase the members would remain lawmakers, five from million, and the Department of Public Service costs of the new building practices. the House and five from the Senate. would receive $19.4 million. The developments could be owner-occu- The other three would be non-legislators The Minnesota Historical Society would pied or rental units and would have to serve who live in the Iron Range tax-relief area — get $52.7 million, including $50,000 to be families with a broad range of incomes. The one appointed by the speaker, one by the given to the city of Little Falls for the establish- program would receive a one-time appropria- majority leader of the Senate, and one by the ment of a fishing museum and environmental tion of $8 million under the bill. governor. The commissioner of natural re- education center. The omnibus bill also includes a housing sources would be dropped from the board. Several boards would also receive funding. proposal originally sponsored by Majority The Board of Accountancy would get $1.2 Leader Tim Pawlenty (R-Eagan). The plan Funding economic development million, the architecture board would receive seeks to provide stable housing for families The Department of Trade and Economic $1.6 million, and the Board of Barber Examin- with school-aged children. Development would receive $102.9 million ers would get $293,000. Specifically, the measure would enable or- over the next two years. Of that amount, $10 But the state Board of Boxing would be ganizations to apply for grants through the million would go to the Office of Tourism to eliminated next year, under the bill. This pro- Family Homeless Prevention and Assistance increase marketing and advertising. vision came as a result of recommendations Program, which was established by the Legis- The tourism office would provide $1.6 mil- made by the legislative auditor in a report on lature in 1993. That program provides grants lion to the Minnesota Film Board to be occupational regulation. The auditor suggested to counties and nonprofit organizations for matched with non-state resources. The funds that the functions of the board could best be efforts to prevent homelessness. would be used to partially reimburse film handled by a private organization. Under Pawlenty’s plan, a new project aimed producers for wages paid to Minnesota film at providing stability for homeless children crews. HMO regulation would be added to the existing program. The economic development department Earlier versions of the bill would have split The program would combine the housing would be required to come up with a compre- the regulation of health maintenance organi- services with job training, social services, and hensive marketing plan to attract trade, tour- zations (HMOs) between the departments of

May 21, 1999 / SESSION WEEKLY 15 health and commerce. Under current law, the group home in the Bloomington area. Legisla- funding from $3,530 currently to $3,925 in Department of Health is the agency respon- tive action was required so that the proceeds 2001. (That increase would include a shift of sible for regulating those organizations. from the sale could be used for purchasing a $43 per pupil that now is in a separate compo- Under the plan, the Department of Com- new site, rather than being channeled into the nent called graduation standards funding.) merce would have been responsible for the state’s general fund. Of the second-year spending hike, $50 per financial regulation of these entities, and the Rep. Alice Seagren (R-Bloomington) and pupil unit would be contingent upon the state’s Department of Health would have regulated Sen. William Belanger (R-Bloomington) spon- November 1999 budget forecast. quality of care issues. sored the measure. General formula funding is figured on Other risk-bearing health organizations, HF960/SF829*/CH80 weighted per-pupil units, with secondary stu- such as community integrated service net- dents receiving more revenue than elemen- works (CISNs), health care cooperatives, and tary students. community purchasing arrangements, would The proposed hike would cost the state SCHOOL have also fallen under the change. EDUCATION more than $400 million, which would be part Instead, the bill would require that these of the $6.1 billion sent to districts in general departments study how HMOs can be better Billions for education formula funding during the biennium. regulated in the state and provide a report to the Legislature next year. A $7.9 billion K-12 finance bill is on its way Class-size reduction to the governor, with an emphasis on general The measure does not fund class-size re- aid to all schools rather than special programs. duction initiatives at the level proposed by the Building code enforcement “I think we’re going out with a very strong governor, but it does set aside about $86 mil- bill,” Rep. Alice Seagren (R-Bloomington), lion for that purpose. Ventura, who advocated Authority over the energy-related who sponsored the measure, told colleagues reducing all kindergarten through third-grade portions of the state building code on the House floor May 17. classes to 17 children per teacher, called for will be transferred from the De- House Minority Leader Tom Pugh (DFL- $150 million in two-year funding for the South St. Paul) said he was “delighted and Signed partment of Public Service to the initiative. by the encouraged” by the bill, which passed the governor Department of Administration. The original House plan called for spending The administration department House on a 129-2 vote. about $107 million over the biennium. But currently oversees many provisions of the state The school funding plan that emerged from proponents of the compromise bill say dis- building code. However, other parts of the a House-Senate conference committee repre- tricts would be able to use extra per-pupil code are developed and enforced under the sents a $100 million increase from the House’s formula money to help reduce class sizes, and departments of health, public safety, or public original proposal — bringing it more in line they would have more discretion in the pro- service. Several state agencies and boards also with the Senate’s plan but further away from cess because they won’t be required to OK have input in inspecting and reviewing build- the governor’s recommendation. About one- their plans with the state. ing plans for public buildings. half of that increase would only be spent if the Earlier proposals by both the House and the A new law effective July 1 is a step toward state’s November 1999 budget forecast shows governor would have required districts to sub- consolidating that authority. a sufficient surplus. mit a plan to the commissioner of the Depart- Disagreements and poor coordination be- The measure would provide the largest boost ment of Children, Families and Learning for tween the various state agencies and depart- in a decade to the general formula, through approval. ments has caused unnecessary delays in which school districts receive the bulk of their Under the compromise bill, districts would construction, according to a January report by funding. have to reserve $3 per pupil unit in 2000 and the Office of the Legislative Auditor. And while it would provide about $86 mil- $11 per pupil unit in 2001 of their general The measure was sponsored by Rep. Lynda lion over two years specifically for class-size formula funding for class-size reduction, all- Boudreau (R-Faribault), and Sen. Deanna reduction initiatives, the compromise plan day kindergarten, or certain special education Wiener (DFL-Eagan). represents a decrease in that category from initiatives. School boards would be required HF1568/SF1209*/CH135 both the earlier House bill and the governor’s to pass a resolution stating which program proposal. they plan to fund. Seagren said districts would be able to use Bloomington land deal the additional formula money for reducing School breakfasts class sizes, and they would benefit from being A new law allows the Department The bill would establish a grant program able to decide locally how to proceed. of Human Services to sell a piece of aimed at ensuring that all children eat break- The measure would also address funding property to the city of fast each school day. Almost $6 million over disparities between districts and support spe- Bloomington. The law took effect two years would go to districts that have high Signed cial education, charter schools, and all-day by the April 21. percentages of students receiving free or governor kindergarten programs. Here’s a look at high- The 14,000 square-foot parcel reduced-price lunches. lights from the bill (HF2333). currently contains a state-owned group home The grants would expand the current Fast Break to Learning program, which provides for the developmentally disabled. It is one of Formula boost three parcels the city is amassing to accommo- money for in-school breakfast to 41 districts. School districts would get an extra $167 per date construction of a 41-unit seniors housing Under the bill, districts would have to match pupil unit next year, under the plan. That facility at the corner of Beard Avenue and Old every $3 of state money with $1 of local 4.7-percent increase would be followed with a Shakopee Road. funding. 3.2-percent formula boost for the 2000-01 The department hopes to build another The programs in the pilot schools have been school year, bringing the annual per-pupil

16 SESSION WEEKLY / May 21, 1999 shown to increase test scores and reduce disci- pline problems.

Charter schools Fledgling charter schools would see more state money under the plan. Funding for build- ing lease costs would jump to $1,500 per pupil unit from the current level of about $465 per student. And $3.7 billion would be targeted to help with charter school start-up costs over the biennium. That’s the amount recommended by the governor, but it’s $1.7 billion less than proposed in the original House bill. Other provisions are aimed at making it easier to create new charter schools. Cities, towns, and educational cooperative boards would be added to the list of entities that can sponsor charter schools, and districts would be required to convert existing schools to char- ter schools if 60 percent of full-time teachers Lawmakers passed a $7.9 billion K-12 education funding bill that would direct $86 million for reducing class sizes, a plan touted by Gov. Jesse Ventura. While the figure is not as high as Ventura wanted, at a school petition for the change. Under districts could choose to use other funding increases in the bill for further class-size reductions. current law, 90 percent of those teachers must petition to force the conversion. And it would increase the level at which the said on the House floor. “We’re already down Also, a nine-member charter school ap- state “equalizes” local referendum funding. to peanuts this year and probably nothing peals board would be created to approve char- Currently, additional state funds are provided next year.” ter school applications. Currently, those for districts’ first $315 in per-pupil funding The original House plan would have funded applications are handled by the State Board of from local levies, based on the districts’ prop- the grants with $20 million in one-time funds Education, which will be abolished at the end erty tax base. The bill would raise that level to next year, but the final version of the bill of this year under a 1998 law that transfers $350 for fiscal year 2000 and to $415 the would spend only $5 million for the grants. most of the board’s duties to the Department following year. And the final bill does not include indi- of Children, Families and Learning. “We wanted to attempt to close the gap vidual technology grants that would have been The bill would also require school districts between the high-spending and low-spending funded under the earlier House measure. The that are considering sponsoring a charter districts, and we think this is fair,” Seagren House bill called for nine grants to school school to make the decision in 90 days or less. said. districts across the state, ranging from $50,000 And, if the district rejects the proposal, the She said districts such as Big Lake, Renville, to $200,000 each, aimed at compensating dis- measure would provide for an automatic ap- Montevideo, and Pine City would benefit from tricts that suffered losses when a prevailing peal to the State Board of Education or the the measure. wage law was passed. That law required dis- new appeals board. A new method of formula calculation would tricts to pay prevailing wage for construction And charter school teachers would be allowed also help schools with declining enrollment contract work. to perform administrative duties even if they do — a common problem in rural schools where Some districts that had already bonded for not have an administrator’s license. That provi- smaller classes mean less state money coming certain projects had to re-bid and often cut sion comes in response to complaints that it is in but many of the same fixed costs faced by technology plans out of their proposals. Sev- impossible for many small charter schools to districts. eral districts received similar technology grants find and pay administrators. The bill calls for funding to be calculated 90 last year, and Seagren said the nine grants this percent on the district’s current year enroll- year would have helped the remaining dis- Funding disparities ment and 10 percent on the previous year’s tricts with technology initiatives. The bill also includes provisions to address enrollment. But Seagren said the intent of the bill is to statewide funding disparities between districts. provide as much money as possible, with lim- Currently, about 32 percent of school dis- Technology in classrooms ited restrictions, to all districts via the general tricts’ budgets come from local levies, and The Telecommunications Access Grants formula increase. And most individual appro- districts that, for whatever reason, have trouble program, set to expire this year, would see priations were stripped from the bill in getting voter approval for levy hikes face re- limited funding under the omnibus bill, a conference committee. curring funding crunches. conference committee reduction that upset The bill would direct almost $42 million some lawmakers from rural districts. Special education over the upcoming biennium to a new fund- The grant program provides money for dis- Special education programs would see a ing component called equity revenue. Equity tricts to upgrade technology and to secure funding increase of almost $100 million over revenue would provide additional money, on Internet access for students and staff, and is the two years, under the bill. a sliding scale, to districts that have less than used most by greater Minnesota districts. Seagren said that money would help allevi- the state’s average per-pupil funding based on “That’s the biggest issue with some of my ate much of the burden on districts that now combined state and local revenue. rural districts,” Rep. Ted Winter (DFL-Fulda) spend much of their general formula

May 21, 1999 / SESSION WEEKLY 17 allowance on special education costs. Ventura Profile’s requirements. Bemidji), would require the state Board of pushed for the new spending in that area. However, lawmakers were at an impasse Teaching to revoke or refuse a teaching license after several meetings of the House-Senate to any person convicted of criminal sexual All-day kindergarten conference committee, and ended the session conduct in the first to fifth degrees. The bill would provide $14 million over two without reaching a compromise. Lawmakers in the House passed the bill years to fund all-day kindergarten pilot pro- Rep. Harry Mares (R-White Bear Lake), May 14. The vote was 131-0. grams around the state. The first-grade pre- was co-chair of the conference committee for Criminal sexual conduct can range from paredness program was initiated in 1996, with the Profile of Learning bill (HF15). He said rape (first degree) to exposing genitals in the $5 million in spending, and it was given a $1.5 that the Senate finished its version of the bill presence of a minor (fifth degree), as defined million funding boost in the 1998 omnibus later than expected, which left little time to by state law. In addition to these offenses, education law. Proponents of the program say work out a compromise in the midst of many those convicted of child abuse would also be that attending all-day kindergarten dramati- other complex bills. ineligible for teaching licenses. cally increases children’s academic and social That leaves the issue to next session or to the The measure would exempt individuals with skills. Department of Children, Families and Learn- non-felony convictions for fifth-degree ing, where officials have said they will attempt offenses. some administrative changes within the man- Under the bill, courts would be required to Profile of Learning intact dated framework of the current Profile. De- notify the Board of Teaching once they dis- Lawmakers’ attempts to abolish or retool partment Commissioner Christine Jax has said cover a convicted sex offender is a licensed the controversial Profile of Learning failed the Profile needs fixing but should not be teacher. The board would then revoke the this session as members of a House-Senate abolished. teacher’s license and notify the school board conference committee did not agree to a com- However, not much can be done to change that employs the teacher. promise on the issue. the requirements of the graduation rule with- The bill (HF14) also would allow the state The Profile, one half of the state’s two- out a directive from the Legislature. And until board to refuse to issue or renew licenses to pronged Graduation Standards program, has then, Minnesota schools will become more applicants convicted of criminal sexual con- been criticized by lawmakers, teachers, and and more familiar with the Profile because all duct. parents as a set of mandated curricula with districts began implementing it in the 1998-99 A similar measure already exists for school burdensome record-keeping requirements. school year. bus drivers. Basic skills tests in math, reading, and writing Rep. Tony Kielkucki (R-Lester Prairie) Fuller said he sponsored the legislation be- at various grade levels comprise the second sponsored the bill to scrap the Profile. cause of recent publicized incidents in which part of the Graduation Standards. teachers were found to have sexually abused Earlier in the session, the House voted to Keeping classrooms safe their students or other children. scrap the Profile in exchange for locally deter- A bill awaiting action by Gov. Jesse Ventura mined rigorous standards. But the Senate chose would bar anyone convicted of criminal sexual Offenders banned from boards to keep the statewide program and change conduct from teaching in Minnesota’s class- some of its rules, including a provision that rooms. A new law will prohibit registered would let schools opt out of some of the The bill, sponsored by Rep. Doug Fuller (R- sex offenders from becoming school board members. Any person who has been con- Signed by the victed of a sexual offense and is a governor registered predatory offender will be ineligible to run for election to a local school board, under the measure. The law, effective Aug. 1, follows a New Ulm school board election that included a candidate who had served 41 months in prison for sexual abuse. The man’s history was re- vealed shortly before the election, and he was not elected. Sen. Dennis Frederickson (R-New Ulm), who sponsored the legislation in the Senate, said that incident prompted him to introduce the measure this year. He said sex offenders should not have ac- cess to positions of authority over children, especially those that would allow them en- trance to school facilities. Rep. Marty Seifert (R-Marshall) sponsored Richfield public school students visited the Capitol earlier this session to demonstrate what they learned the bill in the House. under the Profile of Learning. Although lawmakers sought to make changes to the academic standards HF1845/SF1527*/CH101 program, they did not reach an agreement this session.

18 SESSION WEEKLY / May 21, 1999 Limits on special education completed their sentence but are civilly com- ELECTIONS mitted are given the right to vote, unless they A new law will lower the age until have been found incompetent to vote by a which Minnesota schools are re- Voting in the wrong place judge. quired to provide special Proponents of the repeal argue that the education instruction. A person who votes in the wrong Signed 1998 law could have been legally troublesome by the In 1998, lawmakers approved a precinct will no longer face the governor to the current law allowing for civil commit- new set of laws concerning special possibility of a felony charge on the ment. They say it would have applied a differ- education policies to make them consistent Signed first offense, under a new law that ent standard for sex offenders who are by the with federal law. The new law finishes that governor will also update other provisions of committed. And they suggest that courts might process by tying up some loose ends of certain election law. have ruled the 1998 law a denial of equal state laws that exceed federal requirements. Effective Aug. 1, a person who votes in the protection under the law for those offenders. The 1998 law left those provisions to be exam- wrong precinct will receive a letter from the The civil commitment procedure for sex ined by lawmakers and special education offi- Office of the Secretary of State citing the mis- offenders has often been the source of legal cials to determine which ones should still take and informing the person of the correct controversy. The courts have, in some cases, exceed federal law. polling place. ruled that the process is unconstitutional and Under current law, Minnesota requires spe- The person will then have to provide proof is used to punish — not to treat — the offend- cial education services to be provided until a of residency before voting in the next election. ers. In 1996, the Minnesota Supreme Court student is 22 years old. Under federal law, that If the same person votes in the wrong precinct upheld the current Sexually Dangerous Per- requirement is 21 years old. a second time, it will be considered a misde- sons Act, stating that the law allowing for Effective July 1, 2002, the state law will meanor, and a third instance will be consid- commitment of sexually dangerous individu- change to age 21 and school districts will be ered a felony. als did not violate the offenders’ constitu- required to provide instruction only until July Rep. Chris Gerlach (R-Apple Valley), House tional rights. 1 after the student turns 21. sponsor of the bill, said so many instances of Rep. Dave Bishop (R-Rochester) and Sen. Other changes included in the measure deal voting in the wrong place are reported that Don Betzold (DFL-Fridley) sponsored the with discipline procedures for special educa- county attorneys have rarely prosecuted them 1999 measure. tion students and state reimbursement for as felonies, as current law stipulates. Gerlach HF643*/SF676/CH61 litigation costs incurred by school districts. said the instances are most often misunder- Many of the bill’s provisions, except the age standings, and the new law will make it easier change, are effective July 1. Other provisions to identify and prosecute instances of repeated have various effective dates. violations. EMPLOYMENT Rep. John Tuma (R-Northfield) and Another provision in the law will drop the Sen. Martha Robertson (R-Minnetonka) requirement that a person can only be a wit- Tracking job training efforts sponsored the legislation. ness to vouch for another person to register to A new law aims to give lawmakers HF483/SF296*/CH123 vote if both people live in the same county. The new law will allow any registered voter in a better picture of the state’s job Minnesota to vouch for another person to training services. Grant to district cut The new law will require the De- allow them to vote. Signed by the partment of Economic Security and A new law effective May 5 reduces Sen. Linda Scheid (DFL-Brooklyn Park) was governor the Governor’s Workforce Devel- a 1998 grant to the Isle School the Senate sponsor of the measure. opment Council to prepare a report evaluat- District. HF1168/SF1144*/CH132 ing all job training programs in Minnesota The grant, originally in the Signed that receive state or federal funding. by the amount of $1 million, was given to governor Rep. Bob Gunther (R-Fairmont), the the school district to convert a Voting rights returned measure’s House sponsor, said there are 62 school building into a community center. A law effective April 17 repealed an job-training programs in the state and they The law decreases the grant to $700,000 and election measure passed in 1998 are administered by 12 different agencies. He eliminates school district kitchen facilities from that some say could have placed said policy-makers need better information to the community center’s description. Lower the entire civil commitment pro- make funding decisions. than expected bids and the change in kitchen Signed by the cess for sex offenders in legal “We don’t know if they’re doing a good job plans brought the cost of the project down. governor jeopardy. or bad job or what,” he said. In addition, the law requires that the grant The 1998 law took away the voting rights of Effective Aug. 1, the new law will direct the money will only be available as matching funds any person who is civilly committed because department to provide a brief summary of are committed on a dollar-for-dollar basis. of conduct that caused the person to be con- each program, a statement describing its need, Rep. Sondra Erickson (R-Princeton) and victed of a crime. For the most part, the law the number of participants, and the costs and Sen. Dan Stevens (R-Mora) sponsored the applied to people committed as “sexually dan- funding sources of the program. The report measure. gerous persons” or “persons with a sexual also will detail the results, including job place- HF585*/SF595/CH119 psychopathic personality.” ment rates and wages of participants follow- The new law simply repeals those 1998 elec- ing completion of the program. tion provisions, returning the election law to The report is due to the Legislature by its pre-1998 status. Jan. 31, 2000. Under that law, offenders who have

May 21, 1999 / SESSION WEEKLY 19 Sen. Randy Kelly (DFL-St. Paul) sponsored (LCMR). The money would pay for 120 The bill would also appropriate $250,000 the measure in the Senate. projects throughout the state, which are de- from the petroleum tank cleanup fund to pur- HF1051*/SF971/CH138 signed to provide environmental or recre- chase equipment to clean up oil spills along ational benefits in addition to programs that the Mississippi River in rural areas. The equip- are administered through the state agencies. ment would be used by local fire and rescue ENERGY Many of the LCMR projects are funded departments in communities near the river. through grants that require matching funds A landfill trust fund would be created, which Innovative heating systems from local communities. would be overseen by the State Board of In- The bill also would set a $12 fee for use of vestment. The bill would put $10.2 million in A new law will allow more contrac- snowmobile studs. that fund, and future revenue from the fund tors to excavate or install vertical Under an earlier House-approved version would be spent on maintenance to landfills. heat exchangers. of the bill, the Minnesota-Wisconsin Bound- Under current law, only licensed Signed ary Commission would have been eliminated, DNR funding by the well contractors can drill or exca- governor but the Senate provision included in the final Some hunting and fishing advocates had vate wells to install vertical heat bill calls for keeping the commission and pro- supported fee increases for licenses, but the exchangers, which are energy efficient heating viding $371,000 in funding. bill would keep license fees at the current systems that draw heat from the ground. The Another House provision that was not in- levels. demand for those systems is growing because cluded in the final bill would have required the The bill would increase funding for some they reduce heating and cooling costs. city of Minneapolis and other state and local projects to enhance hunting and fishing in the The new law, effective Aug. 1, 2000, will authorities to issue permits for a metal shred- state, including a $3.1 million increase to allow some of the installation work to be done ding facility, called a Kondirator, located along DNR’s Division of Fish and Wildlife and $1 by licensed limited well/boring contractors or the Mississippi River. million for walleye stocking programs. limited well sealing contractors. Proponents Rep. Mark Holsten (R-Stillwater) sponsored The bill would also include a proposal to of the measure say allowing the other contrac- the bill. offer hunting and fishing licenses electroni- tors to do the work will reduce the up front cally. The DNR would receive $800,000 in the costs of those systems. Northern Municipal Pollution provisions year 2000 and $1.9 million in 2001 to pay the Power Agency is among the groups that sup- A $901,000 increase to the MPCA budget costs of developing the new licensing system, ported the measure. would pay for enforcing feedlot regulations. some of which is projected to be offset by Rep. Dave Bishop (R-Rochester) and Sen. Some of that money would help counties pre- money that is saved from the costs of issuing LeRoy Stumpf (DFL-Thief River Falls) spon- vent pollution by requiring newly constructed paper licenses and stamps. sored the measure. feedlots to comply with codes. The DNR also would receive $3 million for HF2021/SF1539*/CH153 Research on deformed frogs would con- Red River flood mitigation, $2 million for tinue in the state through a $600,000 appro- proposed recreational trails throughout the priation to the MPCA. The House had state, a $1.7 million increase to State Park ENVIRONMENT proposed eliminating that funding because operations, and a $1.2 million increase to that research is also being done at the federal enhance computer systems in the department. Ag, environment funding level. Holsten, chair of the House Environ- ment and Natural Resources Finance Com- Ag and Rural Development The House approved an omnibus spending mittee, argued that the Legislature should try Marketing initiatives were among the ma- bill for agriculture, environment, and natural to spend more money on projects that clean jor agriculture provisions of the bill, including resources projects May 15. The vote was up the environment instead of continually $900,000 for the biennium to pay for collabo- 98-31. studying the issues without taking action. But rative efforts with the commissioner of agri- The bill (HF2388/SF2226*) would fund the the Senate version of the bill included the culture, the Department of Trade and budgets of several state agencies for the 2000- funding for the study, and the House accepted Economic Development, the World Trade 2001 biennium. it in the conference committee. Center Corporation, and other organizations The appropriations include $517.1 million Another study that would be funded under with marketing expertise. to the Department of Natural Resources the bill is a $200,000 appropriation to the The goals of the provision are to promote, (DNR), $251 million to the Minnesota Pollu- University of Minnesota to develop a plan to develop, expand, and enhance the marketing tion Control Agency (MPCA), $168 million to allow cooperative wastewater treatment sys- of agricultural products from Minnesota pro- the Department of Agriculture, $46.8 million tems. The purpose of the provision is to allow ducers and processors. Under the bill, the to the Office of Environmental Assistance groups in rural areas to build a wastewater commissioner would have to report to the (OEA), $38.4 million to the Board of Water treatment system, instead of having a septic agriculture committees in the Legislature by and Soil Resources (BOWSR), $8.2 million to system or connecting to a city system. Oct. 1, 1999, on what the efforts have the Agriculture Utilization Research Institute, Cleanup efforts through the MPCA would accomplished. and $6.3 million to the Animal Health Board. include a $2.75 million increase to supple- The bill also would add $1.6 million to the Money for those budgets comes from sev- ment the Clean Water Partnership Grant Pro- Department of Agriculture’s budget for infor- eral sources, including the state’s general fund, gram, $323,000 to implement a program for mation technology to equip office and field permit or license fees, or other dedicated funds. reducing pollution from mercury, and staff with computer equipment. The bill would also appropriate $42.3 mil- $965,000 to allow additional solid waste dis- Some money would also be available under lion from the lottery-financed Environment posal facilities to be included in the landfill the bill to reimburse farmers for losses of and Natural Resources Trust Fund to the Leg- cleanup program. crops or livestock to wild animals, including a islative Commission on Minnesota Resources

20 SESSION WEEKLY / May 21, 1999 $160,000 increase for reimbursement of live- “threatened to extend” them to the entire agencies’ experiences using those products, stock losses due to timber wolf depredation Minnesota-Ontario border. and keeping other data related to recycling. and $130,000 for damage caused by beavers. Minnesota resorts have suffered due to the The OEA administers other programs that The bill would also allocate $750,000 to restrictions because Canadian residents are are designed to reduce waste generated in the continue research on feedlot technology, in- allowed to fish in those areas. The resolution state. The new law will transfer the MPCA’s cluding tests of chemicals that are designed to states the restrictions are a violation of the responsibility in the Waste Management Act reduce the odor from manure pits. North American Free Trade Agreement and to the OEA. That office, along with the com- Among the House provisions that were not the General Agreement on Trade in Services missioner of public service, will recommend included in the final bill were a plan to develop under the World Trade Organization. waste management policy changes to the gov- an urban agricultural high school and a pro- The resolution is sponsored by Rep. ernor and the Environment and Natural Re- posal to allow farmed cervidae — the animal Irv Anderson (DFL-Int’l Falls) in the House sources committees in the House and Senate. family that includes deer and elk — to be and Sen. LeRoy Stumpf (DFL-Thief River Falls) Sen. Janet B. Johnson (DFL-North Branch) hunted. in the Senate. and Rep. Larry Howes (R-Hackensack) spon- HF544*/SF638/Res. 1 sored the legislation. New effort to halt milfoil HF1151/SF1176*/CH73 The governor signed a measure that Paul Bunyan trail route Groundwater relief modifies the state’s policy for con- A new law will alter the route of the A new law effective April 16 allows trolling the spread of Eurasian wa- Paul Bunyan State Trail. ter milfoil and other exotic species. extended use of a permanent Signed Starting in the city of Baxter — by the groundwater relief system at the governor The Minnesota Department of Signed near Paul Bunyan Land amusement Signed Blue Lake Wastewater Treatment Natural Resources (DNR) devel- by the park — the trail runs along an aban- by the governor Plant in Scott County. The plant is oped the Exotic Species Program after Eur- doned stretch of railroad right-of- governor asian water milfoil was found in Lake located in the Minnesota River way land and is used by walkers, bikers, and flood plain in Shakopee. Minnetonka in 1987 and zebra mussels were snowmobilers in Minnesota’s popular resort found in Duluth harbor. The program in- The new law allows the commissioner of areas. natural resources to issue a permit to the cludes inspection of boats and trailers at The trail is nearly one-half completed, and launching sites of lakes that are known to be Metropolitan Council to exceed the limit of 2 when finished, the path will stretch 100 miles million gallons of water per day in a 30-day infested. north to Bemidji. The new law, effective April 25, extends period. Effective Aug. 1, the law will change the A quarry located near the treatment plant those inspections to lakes that are not infested, starting and ending points of the trail to state and it allows more time for those inspections. currently pumps a high volume of water, which parks instead of cities. The Baxter starting eases the demand at the Blue Lake treatment Under previous law, the DNR inspected boats point will be changed to Crow Wing State from May 1 to Oct. 15 each year, but that plant. However, that quarry is expected to Park, and the Bemidji ending point will be close in the near future, and the treatment period will now be extended to the entire open moved to Lake Bemidji State Park. water season. plant will have to make up the difference, The measure will also permit the use of especially in temporary flooding conditions. Previous law also prohibited people from motorized wheelchairs or carts used by those harvesting bait from infested waters. The new Sen. Claire Robling (R-Prior Lake) and Rep. with physical disabilities on trails that other- Mark Buesgens (R-Jordan) sponsored the law allows the DNR to grant permits for that wise restrict the use of motorized vehicles. purpose to people who have had training in measure. Rep. Steve Wenzel (DFL-Little Falls) and HF1403/SF1173*/CH56 handling exotic species. Sen. Don Samuelson (DFL-Brainerd) spon- Rep. Larry Howes (R-Hackensack) and Sen. sored the legislation. Leonard Price (DFL-Woodbury) sponsored HF1944/SF1470*/CH95 Honoring DNR leader the measure. HF1248/SF1528*/CH92 A new law will rename the visitor center at Gooseberry Falls State State recycling initiative Park in honor of a former Depart- ment of Natural Resources (DNR) International fishing fight Responsibility for part of the state’s Signed by the commissioner. The measure takes Waste Management Act will be governor A resolution urging the Office of effect Aug. 1. transferred from the Minnesota the U.S. Trade Representative to In addition to honoring Joseph N. Pollution Control Agency (MPCA) resolve alleged violations of inter- Signed Alexander, the new law will permit additions by the to the Office of Environmental national law by the province of governor to several state parks and will allow land within Signed Assistance (OEA), under a new law by the Ontario was signed by Gov. another to be sold. governor effective Aug. 1. Jesse Ventura. Alexander was the state’s longest-serving The Waste Management Act is a state law The resolution states that the provincial commissioner. He began his 33-year DNR that requires the MPCA and the commis- government of Ontario imposed restrictions career as a game warden in 1957 and was sioner of public service to recommend policy on U.S. residents taking fish from Canadian promoted to regional enforcement supervisor changes to help the state reduce the amount of waters of Rainy Lake in 1994. It also states that in 1966. In 1971, he became assistant commis- waste that is sent to landfills. Goals of the the province extended the restrictions to Rainy sioner for administration. He was serving as program include purchasing products that River and Lake of the Woods in 1998 and has special assistant to the commissioner in July contain recycled material, conducting tests on 1978 when Gov. Rudy Perpich appointed him

May 21, 1999 / SESSION WEEKLY 21 commissioner, a position he held until The Office of Administrative Hearings had January 1991. Alexander died Oct. 22, 1998. about 12,000 child support hearings last year. GAMBLING The new law also will authorize additions to Officials said that 93 percent of all child sup- Banning, Camden, Charles A. Lindbergh, port orders were issued within 30 days of the Canterbury card club Forestville/Mystery Cave, Judge C.R. Magney, hearing. A proposal to allow Canterbury Park in St. Croix Wild River, Scenic, Temperance Shakopee to operate a card club was approved River, Whitewater, and William O’Brien state May 14 by the House. The vote was 73-60. parks. Kids in treatment The House had earlier voted against the It will approve a land exchange at Lake Parents of teen-agers with chemi- proposal, which was part of a bill (HF1825) Bronson State Park and stipulate that Cross cal dependency problems often find that would make several minor changes in River State Wayside become part of Temper- their hands are tied when dealing state gambling laws. The Senate had included ance River State Park. Another provision will with their children, but a new law Signed the card club proposal in its version of the bill, delete a four-acre parcel from Blue Mounds by the aims to give them aid. governor and a House-Senate conference committee State Park and allow it to be sold. Under current law, children adopted the Senate position. Rep. Ray Vandeveer (R-Forest Lake) and under the age of 16 can be admitted by their Under the bill, participants could play cards Sen. Leonard Price (DFL-Woodbury) spon- parents to a chemical dependency treatment against each other and make wagers on each sored the measure program, provided that an independent evalu- hand. Canterbury Park would receive a per- HF1301/SF1449*/CH157 ator confirms the need for treatment. But for centage of the total amount that is bet, and minors ages 16 and 17 the treatment must be some of the proceeds would go toward in- FAMILY voluntary. creasing purses for horse races. The new law, effective Aug. 1, will make 16- Rep. Mike Osskopp (R-Lake City), sponsor Child support in court and 17-year-olds subject to the same require- of the bill, had advocated the card club pro- ments as children under the age of 16. posal in the House. Higher purses would help Lawmakers sent the governor a plan that “It is highly questionable that a 16- or Canterbury Park attract more horses to its would create a new process for child support 17-year-old who is chemically dependent can races and provide an overall benefit to the hearings to replace an administrative law pro- make this choice by themselves,” said Rep. state’s economy, he said. The nearest horse cess recently struck down by the Minnesota Mark Buesgens (R-Jordan), who sponsored racing track is Prairie Meadows in Des Moines, Supreme Court. the measure in the House. Iowa, where annual purses are about $15 mil- The House passed the final version of the Sen. Claire Robling (R-Prior Lake) was the lion compared to Canterbury Park’s $4 mil- bill May 14. The vote was 133-0. Senate sponsor. lion. Raising the purses in Minnesota would Under the previous system, child support HF183*/SF144/CH32 help prevent horse farms from moving to cases involving public authorities were heard Iowa, Osskopp said. through an administrative law process. Be- Another provision in the bill would allow cause counties often enforce child support Child care terms establishments that sell pull-tabs to use ma- payments, such cases accounted for most child chines instead of having a staff person sell A new state law extends a tempo- support cases. them over the counter. rary legal definition of day care The Legislature had moved the cases from The bill would also increase the maximum terms including newborn, infant, the state district courts in an effort to provide consolation prize for bingo games that allow toddler, preschooler, and school a more expedient process and a more informal Signed carryover prizes, and set a maximum prize for by the age. The measure took effect setting in which to decide child support issues. governor tipboard games. Tipboard games are those April 13. But in a ruling released Jan. 28, the state that sell tickets for numbers on a board, and The definitions were adopted in 1997 be- Supreme Court found that the administrative when all the numbers have been purchased, cause of concerns regarding adequate day care hearing process for child support cases is un- the winning numbers are revealed. options in light of welfare reform. They were constitutional. The bill now goes to governor’s desk. The court stated that the process violates part of new guidelines aimed at allowing day the separation of powers outlined in the Min- care operations to take a greater mix of chil- dren than was allowable under the prior defi- nesota Constitution. And the court concluded Bingo for seniors that such decisions belong in the judicial nitions. branch and not in the executive branch. State law dictates how many children in a Minnesota’s nursing homes and The Supreme Court stayed the effect of the certain age group — newborns, for example senior citizen organizations will ruling until July 1 to give the Legislature time — can be under the care of one day care soon be able to conduct bingo for provider at one time. The 1997 changes were to modify the system. Signed the pure enjoyment of those par- designed to give greater flexibility and to make by the The bill, sponsored by Rep. Len Biernat governor ticipating, with a minimum of regu- (DFL-Mpls), would repeal the unconstitu- available more child care options. latory intrusion by the state. tional administrative process and would cre- Rep. Jim Abeler (R-Anoka) and Sen. Claire A new law effective Aug. 1 will assure that. ate a new expedited process in the judicial Robling (R-Prior Lake) sponsored the bill. The law will remove a provision from statute branch. HF1126*/SF862/CH36 that requires the bingo manager to be regis- The measure (HF510/SF23*) would estab- tered with the state, and it will eliminate state- lish child support magistrates to oversee the mandated record keeping. hearings, and the state courts would outline To qualify for the exemption, the bingo rules for this process. operation must not be high-dollar, cannot be

22 SESSION WEEKLY / May 21, 1999 offered more than twice a week, and the man- When Krinkie’s bill first left the House, it include $40,000 to produce and distribute a ager and others who operate the games cannot included $640 million, about $90 million less videotape on the legislative process and to be paid. than the Senate version. In a House-Senate construct an Internet site. Rep. Bob Ness (R-Dassel) and Sen. Steve conference committee, Krinkie and other Budgets for the constitutional offices for Dille (R-Dassel) sponsored the measure. House conferees agreed to accept the Senate the biennium would be $8.2 million for the HF132*/SF1138/CH128 version, with six House provisions attached. governor and lieutenant governor, $18.3 mil- But the negotiations continued, he said, to try lion for the state auditor, $4.6 for the state to find a way to fund the governor’s technol- treasurer, $56 million for the attorney general, ogy initiatives without increasing the overall and $17 million for the secretary of state. GOVERNMENT spending — about $730 million — in the final Under Bishop’s bill, the treasurer’s office would bill. receive an additional $278,000 to pay for some State government finance Krinkie argued that the money could come costs associated with issuing tax rebates, and from eliminating a small government board the secretary of state would receive an addi- The last legislation approved before the or office. Krinkie had advocated eliminating tional $1 million for upgrading its computer House adjourned at midnight May 17 was the or reducing funding to several areas, such as system. omnibus state government finance bill, the the Office of Citizenship and Volunteer Ser- Budgets for state agencies and boards would second of two versions of the spending pack- vices and the Government Innovation and include $26.1 million for the Board of the age sent to the governor’s desk. Cooperation Board. Or, the money could have Arts, $21.9 million for the Department of Each version would appropriate $730 mil- come from another popular target of Military Affairs, $13.9 million for the Office of lion to fund the budgets for Minnesota’s con- Ventura’s — public radio. Administrative Hearings, $11.3 million for stitutional offices, the Legislature, and the state “The lesson I came away with is a lot of the Office of Strategic and Long-Range Plan- agencies. The major difference in the two ver- people talk about limiting the growth of gov- ning, $10.3 million for the Department of sions is the amounts of money spent on elec- ernment or making it more efficient,” Krinkie Veterans Affairs, and $7.2 million to the Ama- tronic government services initiatives that were said. “But when it comes down to the finish teur Sports Commission, which would in- proposed by Gov. Jesse Ventura. line about doing something, the knees buckle clude $4 million in grants for ice arenas. The governor’s budget called for $30 mil- and the mind becomes confused, and some- State appropriations to pension funds would lion to be spent on those initiatives, which how it doesn’t happen. It didn’t happen in include $12.5 million to the Minneapolis include providing business licenses over the either of these bills.” Employees Retirement Fund, $8 million to the Internet and coordinating technology up- If Ventura signs both bills, the one he signs Minnesota State Retirement Association, and grades in other departments. The initiatives last will become law. Or he could veto one or $12.6 million to Police and Fire Amortization are designed to help state agencies provide both bills. Aid. government services more efficiently. Both bills include similar major funding Other provisions would fund budgets for The first version of the bill (HF2386/ provisions for the 2000-01 biennium. smaller agencies, including $4.4 million for SF2223*), sponsored by Rep. Phil Krinkie (R- the Gambling Control Board, $2.8 million for Shoreview), would appropriate only about Funds for Legislature, agencies the Minnesota Humanities Commission, $2.7 $15.7 million for those initiatives. The second The Department of Administration would million for the Investment Board, $2 million version of the bill (HF878) would increase receive $76.9 million, plus an additional $10 for the Board of Government Innovation and that amount to $31.7 million. But that money million to coordinate the technology initia- Cooperation, $1.4 million for the Campaign would come from cutting another of the tives under Bishop’s bill. Both versions of the Finance and Disclosure Board, $1.3 million governor’s initiatives, one that would estab- bill would appropriate $6.8 million for public lish a separate account for the repair and main- broadcasting within the administration tenance of state buildings. Rep. Dave Bishop department’s budget. (R-Rochester) sponsored the second bill. Legislature 2000 The Department of Revenue would receive Under current law, state agencies pay rent $183.1 million, plus $6.4 million under Both the House and Senate will next to the Department of Administration, and convene at noon on Feb. 1, 2000. Bishop’s bill for costs associated with upgrad- portions of that money go to the general fund The Legislature’s start date for odd- ing the department’s income-tax computer to pay for depreciation costs of buildings. The numbered years is mandated by system. first version of the bill contains Ventura’s state law, which says both bodies The Department of Finance would receive proposal to establish a dedicated revenue ac- will meet for regular session on $40.3 million, plus $2 million under Bishop’s count for that purpose, which would include the first Tuesday following the first bill for costs associated with revamping the $7.3 million from the rent payments. Monday of those years. The only payroll system. The Department of Employee But under Bishop’s bill, that account would exception is that if the first Monday falls Relations would receive $31.2 million under on Jan. 1, the session will begin on the be eliminated. And additional money for the the first version of the bill and only $20.9 following Wednesday. technology initiatives would come from the million under Bishop’s bill. But in even-numbered years, which state employee self-insurance plan. Appro- And many appropriations would be identi- comprise the second year of the priations to the insurance plan, primarily for cal under either bill. legislative biennium, the start dates are contingency reserves and rate stabilization, Base funding for the Legislature for the determined by the Legislature, and each would be reduced by about $10 million. 2000-01 biennium would be $53 million for body must pass a resolution setting the Krinkie, chair of the House State Government the House, $39.7 million for the Senate, and date for the following year. On the last Finance Committee, said the passage of the two $28.8 million for the Legislative Coordinating day of session, the House passed its similar bills was “one of the most bizarre epi- Commission. The Senate funding would resolution for next year’s start date. sodes of legislative process I’ve ever seen.”

May 21, 1999 / SESSION WEEKLY 23 for the Capitol Area Architectural and Plan- Telecommunication oversight paid back by the end of the fiscal year 2001. ning Board, $790,000 for the Racing Commis- The administration commissioner’s over- sion, $82,000 for Veterans of Foreign Wars, sight of ongoing operation of information $40,000 for the Military Order of the Purple technology would be modified. The commis- Tobacco jurors get paid Heart, and $26,000 for Disabled American sioner would be responsible for administering Three jurors from last year’s to- Veterans. the state information infrastructure, which bacco trial will receive payments includes high-speed cables that provide tele- totaling $30,000 for financial losses Fields of hemp phone services, Internet access, and other in- during the four-and-one-half The governor would be authorized to pre- formation services. Signed by the month trial, under a new law effec- pare and submit an application for federal The bill would remove the commissioner’s governor tive May 18. permits to allow farmers to grow industrial responsibility for “operation of” the informa- The measure is the work of the Joint House- hemp in experimental and demonstration tion infrastructure under current law. Senate Subcommittee on Claims, which an- plots. The bill would require the governor to Rep. Mike Osskopp (R-Lake City) had ad- nually hears private restitution claims that consult with commissioners of agriculture, vocated the provision to help rural telephone have been refused by the courts or state gov- trade and economic development, public cooperatives compete with the state in pro- ernment departments. safety, and other appropriate commissioners viding those services. This year’s claims bill authorizes payment to establish standards and forms for people of some of those claims against the state, as who want to register for those experimental Analyzing major purchases recommended by the subcommittee. plots. Proposals to purchase goods or services The payment to the jurors came as a request costing more than $5 million would be subject of the chief judge in Ramsey County who Honoring Stassen to a cost-benefit analysis by the administra- testified before the subcommittee. When the The new Capitol complex building occu- tion department. If the analysis demonstrates jurors were selected they were told they could pied by the Department of Revenue would be that a proposal would not provide the most submit a letter to the trial judge outlining any named after former Gov. Harold E. Stassen. effective way to provide a public benefit, the financial hardships caused by the trial and that The building opened in the fall of 1998, and governor would be able to approve an alter- the judge would relieve them of jury duty. members of the House State Government Fi- nate proposal. But when the jurors sent the letters, the trial nance Committee proposed naming it after judge ignored their request and wouldn’t re- Stassen during a committee meeting on Scrapping the primary lease them from jury duty. The case eventually Stassen’s birthday, April 13. About $3.5 million is expected to be saved ended in a settlement. by replacing the proposed presidential pri- A separate new law (HF1153/SF973*/CH71) Limit fee increases mary election with an informal ballot to be requests that the Minnesota Supreme Court State agencies would be prohibited from distributed at the precinct caucuses, which are study the several issues involving juror com- increasing a fee or imposing a new fee without held the first Tuesday in March. On that bal- pensation, including a study of daily pay rates, legislative approval. Budget proposals for each lot, participants would indicate their prefer- reimbursements for child care and travel, and state agency would have to list proposed fee ence for presidential or gubernatorial special considerations for longer civil trials. changes or new fees, including admission fees candidates, and the results would be reported Also in the claims law, $10,000 goes to a to state facilities and fees for goods, services, to the Office of the Secretary of State. couple in LeRoy for costs related to the con- regulations, or licensure. Under current state law, a presidential pri- struction of a new well unnecessarily directed mary is set to be held the first Tuesday in April by the health department. And $5,000 goes to Explaining legal costs 2000. Printed ballots will have to be prepared, a man who suffered lost wages due to an The attorney general’s office would have to and all of the state’s precincts will have to go erroneous criminal background check done submit reports to the Legislature on some through the formal election process. The pri- by the Bureau of Criminal Apprehension. billing policies. The office would have to work mary carries a price of $3.5 million. The measure also provides several payments with the commissioner of finance to ensure Secretary of State Mary Kiffmeyer estimated to inmates or former inmates who suffered that money for legal services is spent as it is the costs of reporting the results of the infor- injuries while incarcerated and to persons in- intended by the Legislature, and other policies mal preference ballots at about $8,000, and jured while performing court-ordered com- regarding billing for legal services would have she said it would accomplish the same goal as munity service work. to be clarified. the more formal — and more expensive — Rep. Dennis Ozment (R-Rosemount) and voting process. Sen. Randy Kelly (DFL- St. Paul) sponsored Stop loan repayment the new law. Another provision would prevent state funds Y2K preparation HF2221/SF2052*/CH169 from being used to repay a loan from the In anticipation of some computer systems Minneapolis Community Development failing to make the transition from the year Agency to the Minneapolis Park and Recre- 1999 to 2000, the bill would appropriate $20 ation Board in 1986. The loan was made to million from the general fund to allow school Cash for strapped agencies acquire property for the Central Riverfront districts and other local units of government One-time budget boosts totaling Regional Park. The bill would also prevent to apply for emergency grants. $17 million go to seven state agen- money for that purpose to be spent from The grants would be administered as loans cies and departments with budget political subdivisions of the state, such as the and would be used to correct problems that shortfalls in the current fiscal year, Signed Metropolitan Council. are likely to affect public health and safety or by the under a new law effective May 12. governor cause “catastrophic loss to property or the The Minnesota Zoo receives environment.” The loans would have to be

24 SESSION WEEKLY / May 21, 1999 $800,000 to make up for lower than antici- New veto authority out” competitors. Minnesota’s criteria for pated revenue over the past year. The zoo had regulating an occupation is that unregulated originally requested $1 million, but a House- The governor will soon have the practice could cause “significant threat to approved measure proposed funding only authority to veto rules adopted by public health, safety, or well-being.” How- $600,000 of that request. The $800,000, which state agencies. ever, the report found that lawmakers have will come from the state’s general fund, repre- Signed Effective July 1, the new law will not applied that criteria consistently. by the sents a compromise reached in a House-Sen- governor require copies of all new rules pro- Rep. Phil Krinkie (R-Shoreview) and Sen. ate conference committee. mulgated by state agencies to be Deanna Wiener (DFL-Eagan) sponsored the The new law also requires the zoological sent to the governor. If the governor chooses new measure. board to submit a report to the governor and to veto a rule or a part of a rule, the Legislature HF2023/SF1746*/CH144 Legislature on possible alternatives to the zoo’s could propose bills to address the problems or concerns surrounding those rules. current status as a state agency, including Coverage for survivors converting the zoo to a private nonprofit. If the Legislature opts not to propose an The bulk of the deficiency money — about alternative measure to the vetoed rule, the rule Dependents of peace officers and $11.7 million— goes to the Department of would automatically go into effect. firefighters who are killed in the Human Services to make up for a budget Rep. Marty Seifert (R-Marshall), who spon- line of duty will continue to be sored the measure in the House, said the state shortfall due to a delay in federal reimburse- Signed eligible for health insurance cover- ments for MinnesotaCare. could have benefited from this measure re- by the governor age, even if they are not covered at Although the state and federal government garding two recent controversial rules — the the time of the person’s death, un- have reached an agreement concerning the so-called diversity rule and the Profile of Learn- der a law effective March 17. delayed funds and reimbursements began ing — that were considered or created by the The measure allows a spouse who is not March 1, the state funding is still needed to State Board of Education. covered as a dependent at the time of the death cover costs the department has had to cover in In those examples, the governor could have — but was eligible or later became eligible to the past months. The money will come from vetoed the entire rules or only certain parts, be covered — to be a dependent on the the state’s Health Care Access Fund. such as the much-criticized paperwork re- employer’s health plan. Among the other payments in the new law quirements that accompanied the Profile of A 1997 law provided health coverage to are $3.5 million to the Department of Chil- Learning initiative. The Legislature could then officers and firefighters and their dependents, dren, Families and Learning to pay legal costs have proposed alternatives to address the prob- because many who were disabled by duty- of two ongoing, major lawsuits — one in lems, Seifert said, instead of allowing the agency related injuries were receiving pensions but Minneapolis and one in St. Paul. Both involve to impose the rules on school districts. were not eligible for health-care coverage. claims that school districts are providing con- He described the bill as a “modest proposal Rep. Dennis Ozment (R-Rosemount) and stitutionally inadequate education. to give the governor and the Legislature some Sen. Randy Kelly (DFL-St. Paul) sponsored And the Department of Public Safety re- oversight in the rulemaking process.” the legislation. ceives $629,000 to pay for license plates for Sen. John Hottinger (DFL-Mankato) HF49*/SF162/CH12 new automobiles, due to higher than expected sponsored the measure in the Senate. automobile sales and other factors. That money HF1905*/SF1993/CH129 comes from the state’s Highway Users Tax Ventura forces change Distribution Fund and will be paid back as the Regulatory proposals license plates are sold. The department also The first measure signed into law receives $200,000 from the general fund to pay Proposals to regulate an occupa- by Gov. Jesse Ventura addresses a for additional security for Gov. Jesse Ventura. tion will have to be brought before procedural wrinkle caused by the fact that he is a third-party head of The Department of Economic Security gets the chairs of the related legislative Signed by the state. $370,000 from the state’s general fund for committees, under a new law. governor Signed Effective Feb. 18, the new law State Services for the Blind. The department is by the The law, effective Aug. 1, will re- governor also required to review the program’s opera- quire such proposals to include an- changes the process under which members are tion to determine why the current shortfall swers to several questions, including why the appointed to the Campaign Finance and Pub- came about. regulation is necessary, who is advocating the lic Disclosure Board. State law outlines the The Campaign Finance and Public Disclo- regulation, and how the proposal would affect makeup of the board to avoid having too sure Board receives $15,000, also from the the practitioners of that occupation and the many members from the same political party. general fund, to pay court-ordered payments. students who are preparing to enter that field. The board responds to questions about cam- Also under the new law, the Office of the That information will have to be submitted paign finance and economic interest Secretary of State receives $975,000 for a year to the appropriate committees at least 15 days disclosure of candidates for state offices. 2000 compliance program, but that amount is before a bill on the subject is introduced. Under the old law, two board members had not included in the $17 million total appro- The measure was introduced in response to to be former legislators — one from the same priation because it is to be transferred from a February 1999 report from the Office of the political party as the governor and one from a unused portions of funds previously directed Legislative Auditor. The number of occupa- different political party than the governor — to the Department of Administration for a tions that are regulated in Minnesota has in- and no more than three board members could technology management program. creased dramatically in recent decades. support the same political party. Rep. Dave Bishop (R-Rochester) and Sen. Regulating occupations has been criticized, But the law had no provisions for how to Richard Cohen (DFL-St. Paul) sponsored the according to the report, because it can limit proceed with appointments when there are no measure. people from pursuing an occupation or “fence former legislators from the governor’s political HFnone/SF2234*/CH141 party, as is the case with Ventura’s Reform Party.

May 21, 1999 / SESSION WEEKLY 25 The new law avoids the reference to the cases to be approved if the commission has quality of health care violates a law or ethical governor’s political party, requiring instead not acted on them in 60 days. The second standard. The identity of the person could be that the board include two former legislators change lets the commission delegate some disclosed if it is necessary for prosecution, who belong to different parties. responsibilities to subcommittees. under the bill. Rep. Jim Rhodes (R-St. Louis Park) and Finally, the law authorizes the commission Data from an inspection of a school’s finan- Sen. John Marty (DFL-Roseville) sponsored to designate lead commissioners to handle cial records would remain nonpublic under the measure. certain cases or subject areas. That commis- the bill, unless it is necessary in connection HF139*/SF88/CH1 sioner can preside over hearings and make with legal or administrative proceedings. non-binding recommendations on issues be- The bill now goes to the governor’s desk. Commission membership cut fore the full commission. However, the lead commissioner will not have full authority over The size of the Legislative Audit a case. Labor contracts approved Commission will be cut and some In a letter explaining why he chose not to A measure that passed the House on May 15 of its duties will be changed, under sign the bill, Ventura stated that designating would ratify labor agreements concerning state a new law. lead commissioners to handle cases could lead Signed employees made between legislative sessions. by the As of Jan. 1, 2000, the commis- to commissioner specialization which might governor The bill (HF1877/SF1721*) awaits action sion will only be made up of 16 decrease checks and balances on the commis- by the governor. members. Twenty legislators now serve on the sion. While the agreements have already been commission, which works with the legislative “The PUC commissioners must be sensitive approved by the joint Subcommittee on Em- auditor to choose which organizations and to the power granted to them under this law,” ployee Relations, they required routine ratifi- programs will be subject to financial he wrote. “They must not engage in the prac- cation by the Legislature. evaluations. tice of commissioner specialization.” The measure would approve a raise for the The commission’s membership was in- The governor said if the new law does not chancellor of the Minnesota State Colleges creased to 20 members in 1997 to increase prove successful, he would examine it before it and Universities (MnSCU) system, a move bipartisanship, but Rep. Dan McElroy (R- is up for renewal in 2002. that was questioned by some lawmakers who Burnsville) said that is no longer a concern. Rep. Ken Wolf (R-Burnsville) and Sen. Steve said they thought it was too high. McElroy is the current chair of the Legislative Novak (DFL-St. Paul) sponsored the mea- MnSCU officials chose to raise the salary of Audit Commission. sure. Chancellor Morrie Anderson by 8.8 percent Under the law, four members from each of HF359*/SF684/CH125 effective July 1, 1998. The pay raise also in- the House and Senate caucuses will serve on cluded a retroactive salary increase of 32 per- the commission. cent effective July 1, 1997. From 1995 to 1998, The law also strikes a past requirement that Dealing with data Anderson’s salary grew from $108,780 per the chairs of the House and Senate tax com- A bill that would modify state government year to $185,000 per year. However, lawmak- mittees must be commission members. policies for dealing with requests for informa- ers agreed not to change the MnSCU In an effort to reduce paperwork, the new tion and other data practices was passed May agreement. law eliminates some reports previously re- 15 in the House. The vote was 129-0. Lawmakers in the House and Senate met in quired of the auditor or various state agencies. The bill (HF2058/SF653*), sponsored by a conference committee and agreed to the The measure also requires the deputy legisla- Rep. Phil Carruthers (DFL-Brooklyn Center), House version of the bill, which included an tive auditor to hold an active certified public would clarify some situations under which amendment to strike a salary increase for the accountant’s license and clarifies data privacy public data could be considered private, and it director of the Higher Education Services Of- guidelines for audit data. would make other minor data practices fice (HESO). The Senate had previously added Except for the membership provisions, the changes. the pay raise, which was not part of the origi- law is effective April 27. Building code violations, for example, would nal labor agreements approved by the Sen. Deanna Wiener (DFL-Eagan), the be public, except for the names of people who subcommittee. commission’s vice chair, sponsored the legis- submitted complaints about possible viola- Labor agreements that would be ratified lation in the Senate. tions and any data on civil or criminal under the bill include those between the state HF1003*/SF810/CH99 investigations. and the Minnesota Nurses Association, the Also, data that identifies locations where Interfaculty Organization, the United Tech- Taking the lead for PUC studies of deformed frogs are being done by nical College Educators, and some HESO the Minnesota Pollution Control Agency A new law effective May 7 changes employees. would be classified as nonpublic until the Filed the way the state’s Public Utilities The bill also makes technical changes in the without agency completes its investigation or deter- law governing public employees. One of those signature Commission (PUC) conducts its mines it will not investigate a particular site. work. The measure became law changes would extend to unclassified execu- And state and local governments would be without the signature of Gov. Jesse tive and legislative employees the ability to allowed to maintain official records on com- Ventura. transfer vacation and sick leave hours when puter, whereas current law requires those The Public Utilities Commission regulates they move between positions in the two records to be stored as hard copies. the gas, electric, and phone service companies branches. The bill also would amend the “whistle in the state. The law contains three changes Subcommittee Chair Rep. Carol Molnau blower law” to classify as private data the designed to make the commission more effi- (R-Chaska) sponsored the measure. identity of a person who reports a suspected cient and responsive to the industries it serves. violation of a law or a situation where the The first provision allows noncontroversial

26 SESSION WEEKLY / May 21, 1999 HEALTH

Midwifery law A measure affirming the status of Filed without midwives through a system of li- signature censing became law without the governor’s signature. Effective Aug. 1, the new law con- tains provisions for a voluntary licensing procedure for those who provide assessment and care outside a hospital for women and newborns during pregnancy, la- bor, birth, and the postpartum period. The state’s Board of Medical Practice has A law signed by Gov. Jesse Ventura will allow nursing home residents to request bed rails or other been uncertain about how to regulate practic- restraints. ing midwives and thus virtually ended the The measure was proposed after a number entitled to a portion of state tobacco settlements custom of issuing licenses under the existing of nursing homes were fined by the Minnesota as repayment for its share of Medicaid costs. law more than six decades ago. Department of Health in 1998 for improperly But the resolution notes that Minnesota’s But the development of a national stan- using bed rails according to the department’s lawsuit was based on business issues, not health dardized test for midwives several years ago interpretation of federal regulations. issues. It calls on Minnesota’s U.S. congress- provides a basis for establishing credentials. Concern about use of bed rails arose be- men to support legislation — already intro- The new law will combine a list of educational cause of injuries and even deaths caused when duced in Congress — that would prohibit and training requirements for licensure. patients became entangled in the rails. The federal recovery of any state tobacco settle- Midwives will have to prepare a written federal regulations called for a moratorium on ment payments. plan for each client to ensure continuity of rail use in cases where a patient would be put Rep. Jim Seifert (R-Woodbury) and Sen. care, including what would happen should in “immediate jeopardy.” Many nursing homes Ember Reichgott Junge (DFL-New Hope) something go wrong and a physician be subsequently removed bed rails entirely, hop- sponsored the resolution. required. ing to avoid fines but leaving some residents HF719/SF757*/Res. 2 The practice of midwifery has been driven and their families upset. underground because of fears of being pros- The idea was to craft a bill at the state level ecuted for unlicensed practice of medicine. that would spell out patient rights under fed- Planning organ donation Consequently, if a woman in labor is trans- eral guidelines but wouldn’t jeopardize the ferred to a medical facility, the emergency Tissue and eyes have been added to state’s Medicare and Medicaid reimburse- room physician often has to assess her condi- the list of organs available for do- ments. tion and determine treatment without the nation on the state’s health care If the law is eventually found objectionable benefit of the midwife’s input. Signed directive, under a new law effective in the eyes of the federal government, it may by the Under other provisions of the new law, the governor March 17. have to be revisited next session, said Rep. midwife will have to keep extensive records on The new law was designed to help Fran Bradley (R-Rochester), who sponsored clients. It also will establish a five-member draw attention to the need for donated tissue the measure in the House. midwifery advisory council to review applica- and eyes — a need said to be critical by re- The new law took effect April 23. tions for licensure and field complaints from gional organ donation program officials. Sen. Don Samuelson (DFL-Brainerd) spon- the public. Under the state’s 1998 health care directive sored the measure in the Senate. Rep. Jim Abeler (R-Anoka) and Sen. Sandy law, people can use a directive to address all HF40*/SF25/CH83 Pappas (DFL-St. Paul) sponsored the aspects of advanced planning for health care measure. by either appointing an agent to make their HF949/SF383*/CH162 Hands off tobacco bucks health care decisions or by making statements concerning how they want their health care to Gov. Jesse Ventura agrees with law- be handled. Bed rails by prescription makers from both bodies on at least Proponents of the measure said that while one thing — the U.S. Congress many people are aware of the possibility of A new law clarifies the conditions should not be casting its eyes upon Signed donating organs, they do not know that tissue under which it is all right to use bed by the Minnesota’s tobacco settlement governor and eyes are organs that can be donated. rails in Minnesota nursing homes. money. The bill was sponsored by Rep. Darlene Signed Under provisions of the measure, Ventura signed a resolution that reminds Luther (DFL-Brooklyn Park) and Sen. Becky by the governor nursing home residents’ right to the federal government it was not part of Lourey (DFL-Kerrick). bed rails and other restraints will Minnesota’s suit against the tobacco compa- HF74/SF301*/CH14 be affirmed. Fear of falling will be included as nies and informs it that the federal govern- a legitimate medical reason for prescribing ment has no right to the money. bed rails, and a study of the use of restraints The federal government has said it may be will be initiated.

May 21, 1999 / SESSION WEEKLY 27 New purchasing plans Supporters also argued that the existing law sions, including medicine, nursing, and social is arcane because it requires even psychia- work. Ambulance services will be allowed trists, who generally aren’t exposed to blood- Rep. Richard Mulder (R-Ivanhoe) and Sen. to participate in shared service pur- borne diseases, to complete infection-control Steve Kelley (DFL-Hopkins) sponsored the chasing arrangements for supplies, instruction. measure. Signed materials, and equipment, under a Rep. Richard Mulder (R-Ivanhoe) and Sen. HF984/SF983*/CH109 by the governor new state law effective Aug. 1. David Ten Eyck (DFL-East Gull Lake) Supporters of the legislation said sponsored the measure. ambulance services need more flexibility in HF171/SF121*/CH5 Too young to serve approaching purchases, particularly of expen- Nursing home administrators must sive items such as vehicles. They also expressed Paying spouses for care be at least 21 years of age, under the concerns that pending changes in the way terms of a new law effective federal programs reimburse ambulance ser- A new law will allow qualified Signed April 27. vices may have a negative financial impact. by the spouses in certain instances to be governor The new law also enacts other Current state law requires government- paid to provide private duty housekeeping changes requested by owned ambulance services to let bids on equip- nursing. Signed the Board of Examiners for Nursing Home ment costing over $25,000. The new law will by the The measure will permit a spouse governor Administrators. allow co-ops to purchase ambulances, the most who is also a licensed nurse em- The minimum age for nursing home ad- costly expenditure an ambulance provider ployed by a Medicare-certified home health ministrators was lowered to 18 during the faces. agency to be paid when he or she cares for a Vietnam War era, when the prevailing feeling Rep. Greg Davids (R-Preston) and Sen. Jim spouse. The measure is effective Aug. 1. was that anyone old enough for military ser- Vickerman (DFL-Tracy) sponsored the Under existing law, payment isn’t possible vice was old enough to serve in most public legislation. in certain instances, which has caused hard- positions. HF302*/SF579/CH13 ships for some Minnesota families. Over the years, board rules and state law on Rep. Bill Haas (R-Champlin) and Sen. Don the age issue had come into conflict. The new Ambulance volunteers Betzold (DFL-Fridley) sponsored the law brings them into uniformity and sets the measure. minimum age at 21. Volunteer ambulance drivers in HF60*/SF591/CH156 The law also allows a permit process for Minnesota now have a precise defi- acting administrators who in the past had to nition in state law, under a new law Clarifying water laws obtain a full-fledged license to serve as admin- effective March 16. Signed istrator on a temporary basis. by the The law defines ambulance driv- The law further makes board members (and governor Effective Aug. 1, the definition of ers as volunteers, who as such are “public water supply” in the state’s others investigating violations of laws and rules not entitled to minimum wage and other work- Safe Drinking Water Act will match administered by the board) immune from ers’ protections even if they receive some fi- the definition in the federal law. civil liability and criminal prosecution when Signed nancial compensation for their services. The by the The possibility that some water performing their duties, as long as they act in governor need for a definition grew out of a legal debate projects in Minnesota would lose good faith. over wage and hour laws. federal funding because of the discrepancy Rep. Fran Bradley (R-Rochester) and Sen. Rep. Kevin Goodno (R-Moorhead) and Sen. prompted a new state law to make the clarifi- Dallas Sams (DFL-Staples) sponsored the Dallas Sams (DFL-Staples) sponsored the cation. measure. measure. Rep. Kathy Tingelstad (R-Andover) and HF1309/SF1273*/CH102 HF214*/SF241/CH8 Sen. Martha Robertson (R-Minnetonka) spon- sored the measure. Chiropractic care contracts HF610/SF649*/CH18 Training demands altered A new law clarifies the way man- A new state law will remove the cur- aged care networks deal with chi- rent requirement that the state’s Regulations on psychologists ropractors in the state. Effective Aug. 1, networks will be boards of dentistry, medical prac- Signed A new law will clarify fee-splitting by the prohibited from requiring chiro- tice, nursing, and podiatric medi- governor Signed practices for psychologists and practors to provide care under cat- by the cine have rules requiring continuing governor stiffen penalties for violating the egories of coverage other than those specified education on infection control, in- Psychology Practice Act. cluding blood-borne diseases. Signed in their contract, unless the chiropractor con- by the Effective Aug. 1, the new law will Effective Aug. 1, the individual boards will governor sents. make it explicit that law prohibits Chiropractors have complained that health have the option of requiring continuing edu- “kickbacks,” not legitimate divisions of rev- cation that is best suited to the needs of those maintenance organizations and preferred pro- enue in a business made in proportion to the vider organizations may have used their gen- it licenses, rather than a blanket program pre- psychological services provided. scribed by law. eral health contracts as “bait” to later dump Violating the Psychology Practice Act will the chiropractors into a network of providers Proponents of the measure argued that the become a gross misdemeanor instead of a scope of infection control procedures is chang- of noncertified workers’ compensation or auto misdemeanor, making it the same penalty for personal injury lines of coverage without prior ing continually and the various medical boards violating practice acts used by other profes- need the latitude to make changes quickly. notification.

28 SESSION WEEKLY / May 21, 1999 If the chiropractor doesn’t agree to the other Health care solvency is not jeopardized. Pharmacies that request lines of coverage, he or she can lose the con- the waiver often are automated, which means tract entirely. The state’s three community inte- the work of the technicians is less intensive The new law will prevent the health insurers grated health care service networks and requires less supervision. from terminating a contract for this reason, will have to maintain a net worth Rep. Kevin Goodno (R-Moorhead) and Sen. provide time for chiropractors to review their Signed reserve of three times their mini- David Ten Eyck (DFL-East Gull Lake) spon- by the options, and will add a mechanism under governor mum net worth requirement, un- sored the measure. which chiropractors can recover damages if a der a new law. HF1714*/SF1693/CH63 health insurer violates the law. The networks, often called CISNs, are man- Rep. Doug Reuter (R-Owatonna) and Sen. aged health care networks similar to health Duties for pharmacists Edward Oliver (R-Deephaven) sponsored the maintenance organizations (HMOs), but the measure. networks have smaller enrollments and oper- Effective Aug. 1, a new law will HF566/SF673*/CH94 ate mostly outside urban areas. make changes to the Minnesota The net worth holdings are required to as- Pharmacy Practice Act. sure financial solvency. Protected peer review Signed The measure will allow pharma- The new law, effective Aug. 1, is designed to by the governor cists to engage in monitoring of Ambulance services and first re- treat CISNs in a way similar to the way the drug therapy, selection of thera- sponders will have the benefit of state treats HMOs, which were required to up peutic devices, drug research, and drug ad- peer review, under a new law. their net worth holdings under a bill passed ministration for first dosage and emergencies. The law will allow ambulance ser- Signed last year. It also will allow pharmacists to manage and by the vices to consider controversial in- The new law will also accord peer review governor modify drug therapy on a case-by-case basis cidents without being subject to protection to the CISNs, which will shield according to a written agreement between the discovery should a lawsuit arise. deliberations among medical professionals pharmacist and a health-care practitioner. Peer review is used extensively in a number from the legal process should a lawsuit arise. Rep. Kevin Goodno (R-Moorhead) and Sen. of medical professions to find solutions and to Rep. Greg Davids (R-Preston) and Sen. John Hottinger (DFL-Mankato) sponsored prevent further problems. In many cases, in- Doug Johnson (DFL-Tower) sponsored the the bill. formation exchanged in peer reviews is pro- measure. HF408*/SF170/CH62 tected from legal discovery. The idea is that HF614*/SF913/CH51 the protection will allow a free discourse so medical professionals can learn from each Testing chiropractors Podiatrists in residency other’s experiences and improve service. The state’s Board of Podiatric The law, which takes effect Aug. 1, will A new law effective Aug. 1 will Medicine can extend temporary extend that peer review protection to ambu- change state licensing requirements permits to podiatrists participat- lance services and their employees. for chiropractors. ing in clinical residencies, under a Rep. Greg Davids (R-Preston) and Sen. Becky Under the law, chiropractors Signed Signed by the new law effective April 21. Lourey (DFL-Kerrick) sponsored the measure. by the practicing in Minnesota no longer governor governor The new law was necessary to HF463*/SF578/CH84 will have to pass the Minnesota clarify a discrepancy between state law and licensure practical exam, as long as state rules. Existing law mandated the permit they have passed any examination that is ap- to run 12 months; the rule allows the board to Health-related regulations proved by the Board of Chiropractic extend the permit for additional years under Examiners. A new law changes state licensing certain conditions. The intent of the law is to follow a nation- for physicians, acupuncture prac- With the new law, the applicant for a permit wide effort to standardize the chiropractic titioners, and athletic trainers. extension must have had his training inter- field. Effective Aug. 1, medical students rupted by circumstances beyond his or her Signed Rep. Jim Abeler (R-Anoka) and Sen. Pat by the enrolled in dual-degree programs control and must be enrolled in a residency governor Piper (DFL-Austin) sponsored the measure. will have additional time to pass that lasts longer than one year. HF1216*/SF1391/CH55 portions of the state licensing exam. The in- Rep. Tim Wilkin (R-Eagan) and Sen. Roy creasing number of double-majors studying Terwilliger (R-Edina) sponsored the measure. at the Mayo Clinic and other facilities has Help behind the counter HF1421*/SF1239/CH67 made the current time restrictions unrealistic. The new law also will provide protection A new law will allow the state’s from charges of practicing medicine without a Board of Pharmacy to authorize Research opportunities license for acupuncturists, and will authorize pharmacists to supervise more than two pharmacy technicians. The law A new law will exempt some re- a temporary permit for athletic trainers, simi- Signed by the is effective Aug. 1. searchers from medical licensing lar to what is currently in law for other regu- governor Until 1997, the board had been requirements. lated health occupations. The law, effective Aug. 1, will ap- given the power to change the ratio on a case- Signed The Board of Medical Practice requested by the ply to those performing medical the changes. by-case basis. However, after a 2-1 ratio was governor incorporated into statute, the board believed research for a tax-exempt, non- Rep. Richard Mulder (R-Ivanhoe) and Sen. profit organization operated primarily to con- John Hottinger (DFL-Mankato) sponsored it no longer had that authority. To be granted the waiver, a pharmacy will duct scientific research on causes and cures of the measure. human disease. HF413*/SF418/CH33 have to prove the consumer’s health and safety

May 21, 1999 / SESSION WEEKLY 29 To qualify, researchers will have to perform school, was not increased in the bill because an duties that are related to public health educa- HIGHER EDUCATION endowment fund created out the state’s to- tion and are conducted under the supervision bacco settlement would fund education and of one or more licensed physicians. Funds for Minnesota colleges research efforts at the center. Those funding The law will enable organizations to benefit provisions are included in the omnibus health from the expertise of researchers from other A $2.6 billion omnibus bill that would fund and human services finance bill (HF2412/ countries who are not licensed to practice the state’s higher education institutions for SF2225*). However, the higher education bill medicine in the United States. the next two years won approval in the would appropriate money for primary care Rep. Fran Bradley (R-Rochester) and Sen. Legislature. initiatives that would come from the state’s John Hottinger (DFL-Mankato) sponsored Lawmakers in the House and Senate passed health care access fund. the measure. the bill May 15. Rep. Peggy Leppik (R-Golden A total of $250,000 in funds from the state HF1660*/SF1650/CH54 Valley) and Sen. LeRoy Stumpf (DFL-Thief lottery would go to the U of M for research on River Falls) sponsored the legislation. compulsive gambling. The bill (HF2380) would provide funds to Guaranteed coverage increase financial aid for students, provide Financial aid funding A new law effective April 24 makes salary increases for faculty at Minnesota col- The Higher Education Services Office Minnesota law conform with fed- leges, and authorize the creation of a Univer- (HESO), which serves as Minnesota’s finan- eral law regarding Medicare supple- sity of Minnesota campus in Rochester. cial aid bureau, would receive $310.5 million Here’s a look at key provisions of the omni- Signed ment insurance. to fund the state grant program, operate li- by the Federal law enacted in 1997 re- bus bill. governor brary systems, and provide informational ser- quires state laws to mandate guar- vices to current and prospective anteed issue, with no preexisting condition MnSCU spending post-secondary students. limitations, for Medicare supplement insur- The bill would provide $1.1 billion to the Through several different programs, the bill ance in certain situations. (Guaranteed issue 53-campus Minnesota State Colleges and would provide about $28 million in aid to means an application for coverage cannot be Universities system (MnSCU). Minnesota’s higher education students. turned down.) About $55.6 million would go toward salary First, the minimum state grant would be Minnesota’s previous law contained in- increases for MnSCU faculty, and $16 million reduced from $300 to $100. That means some stances in which coverage wasn’t assured. would help fund maintenance for campus students who did not previously qualify for The new law took effect in time to meet the buildings. A total of $10 million also would be grants could become eligible. Also, the as- April 29 deadline imposed by the federal gov- appropriated for under-funded campuses in signed student responsibility — the amount ernment for enacting the changes. the system. the state expects students to contribute to Rep. Greg Davids (R-Preston) and Sen. For various technology projects, the bill their education — would be lowered from 47 Edward Oliver (R-Deephaven) sponsored the includes a $9.2 million increase in funding to 46 percent of the total cost, effective in fiscal measure. over two years. And $11.1 million would sup- year 2001. Another $13.2 million would offset HF1968*/SF1827/CH90 port job training and research projects. cost-of-living expenses for students. Those projects include a rural research cen- And the public tuition allowance and pri- ter at Southwest State University in Marshall Growing role for nurses vate tuition maximum will be capped at or and tuition subsidies for farm business man- near the inflation rate. A tuition maximum or The state’s advanced practice agement programs at MnSCU institutions. allowance is the state’s tool for calculating nurses will be accorded separate MnSCU would also receive $2.5 million for state grants, and it is a flat rate of tuition based legal status and their role in the curricula development. on tuition at public and private colleges all

Signed health care world will be defined over the state. by the University of Minnesota governor under a new law signed by the gov- Because colleges raise their tuition almost ernor May 17. The University of Minnesota would get every year, increasing the state’s tuition maxi- The law will define education requirements nearly $1.2 billion from the omnibus bill. mum takes the actual increases into account and scope of practice for registered nurses Those funds would include $15 million for when calculating grant awards. However, cap- engaged in clinical specialties, anesthesia, undergraduate education initiatives. The bill ping that cost at inflation does not mean col- nurse-midwife practice, or nurse practitioner would authorize the university to use a por- lege costs would necessarily rise at the rate of roles. Under current law, advanced practice tion of that money for a new, non-residential inflation, and proponents say it could encour- nurses are required to practice under a li- campus in Rochester. age institutions to keep their tuition increases censed physician. In other areas, the bill would target $69.4 at a low level. In some instances, advanced practice nurses million to boost salaries of faculty and staff Much of the financial aid package would be will be allowed to write prescriptions and dis- members. Another $9.1 million would go to- funded with an expected increase in the fed- pense drugs under carefully crafted wording ward facilities upkeep, and the university’s eral Pell Grant amount per student, which in the law. extension service would receive a $600,000 results in about $10 million in savings from The measure was supported by the Minne- funding increase. the state grant program. sota Nurses Association and Minnesota Board About $10.5 million in increases would be In Minnesota, the state grant is decreased of Nursing. It takes effect July 1. divided among technology projects, regional when the federal grant goes up, so students Rep. Dennis Ozment (R-Rosemount) and partnerships, an animal health and food safety receive the same amount of money. For the Senate Majority Leader Roger Moe (DFL- program, and other programs. 1999-2000 school year, the Pell Grant will Erskine) sponsored the measure. The budget for the university’s Academic increase to $3,125 from $3,000. HF718*/SF225/CH172 Health Center, which houses the medical

30 SESSION WEEKLY / May 21, 1999 The bill would eliminate two programs that welcome center. Construction was expected Reports on renters provide grants for nursing students, but it to begin this spring. would appropriate $3 million to add more Rep. John Dorn (DFL-Mankato) and Sen. A bill that would provide landlords in students into work study programs. John Hottinger (DFL-Mankato) sponsored Hennepin and Ramsey counties more infor- the measure. mation on prospective tenants while giving Mayo Medical School HF492*/SF518/CH34 tenants additional protections awaits action The Mayo Foundation would receive its full by the governor. funding request of $3.2 million for the bien- The House passed the final bill May 15 after nium, under the omnibus plan. That amount HOUSING a conference committee made some minor would fund an increase in the base budgets for changes to the measure. The vote was 131-0. the Mayo Medical School, a family medicine Real estate scam Current law prohibits tenant screening ser- residency program, and a residency program vices in these two counties from including at St. Cloud Hospital. A bill that seeks to address the real estate information on eviction actions taken against The increases would make more grant dol- scam known as mortgage flipping is on its way prospective tenants in reports provided to lars available to students attending the medi- to the governor landlords, unless the reports include the out- cal school and would make up for student The bill won final passage in the House on come of the cases. costs incurred by recent and potential tuition May 15. The vote was 133-0. The bill (HF1195), sponsored by Rep. increases. Mortgage flipping is a scheme to defraud Henry Todd Van Dellen (R-Plymouth), would In addition, the bill would increase the state’s homebuyers and lending institutions based repeal that requirement and allow the services share of some residency program participants’ on a fraudulent appraisal of a house’s value. to include eviction actions that have not yet stipends and maintain the same level of fund- In one scheme, a buyer purchases a house at been resolved. ing for other participants. The programs are market value and has an appraiser file a fraudu- Van Dellen said cities and neighborhood designed to encourage students to practice lent appraisal that sets the value of the house groups are holding landlords more account- medicine in Minnesota, particularly in rural higher than the market value. able for the actions of their tenants and it is or under-served geographical areas. The owner then resells the house at the important that they get the best information inflated price, making a huge profit, and the on prospective tenants as soon as possible. Other changes appraiser gets a kickback. The bill also would allow courts to expunge Other provisions in the bill include an up- The victim is then stuck with payments on — or remove any evidence from the public dated policy on private career school regula- a home much higher than the actual value. record — any files of the eviction proceedings tion and changes in how information on hazing And if the victim defaults on the mortgage, the if the landlord’s case has no basis in fact or law rules is distributed to students. bank cannot recoup the inflated mortgage by or if the judge feels that sealing the case is in Lawmakers also approved a plan for general re-selling the house. the best interest of justice. education requirements for technical college Bill sponsor Rep. Gregory Gray (DFL-Mpls) And the bill would require that tenant students. Under the bill, general education said his district in north Minneapolis has been screening services delete all information re- courses such as math or English would only be one of the areas hardest hit by the scam and lated to those cases once the service finds out included in a technical course of study if they officials say it’s becoming more common that the case has been expunged. are occupational requirements or part of a elsewhere. Rep. Andy Dawkins (DFL-St. Paul), who two- or four-year degree program. The bill (HF743/SF171*) would address the backed these provisions, said the bill would problem by going after the appraiser. It would allow tenants to remove unjustified blemishes make the intentional violation of the laws from their rental records. Building is Taylor made governing appraisers a gross misdemeanor, A law effective April 13 approved and would subject violators to up to one year the construction of the Taylor Cen- in jail and up to $3,000 in fines. Last day visit ter, a privately-funded building at Under current law, real estate brokers and Minnesota State University, agents can be charged with a crime for inten- Signed by the Mankato. tionally violating the terms of their licenses. governor The Legislature was required to But appraisers are only subject to license revo- approve construction because the building cation, not criminal prosecution. will be on a campus of the Minnesota State Gray’s bill also would set aside $100,000 for Colleges and Universities system, which is a an education program aimed at informing state entity. consumers and stopping the fraudulent Formerly known as Mankato State Univer- practice. sity, the school raised $16.5 million in private Under the bill, the Department of Com- donations to pay for the center. It is named in merce would administer the program and honor of alumnus Glen Taylor, chief execu- would seek additional funding from private tive officer and chair of the Taylor Corpora- organizations also affected by flipping, such as Three-year-old Elizabeth Krinkie visits with her father, Rep. Phil Krinkie, on the last day of tion and owner of the Minnesota banks, mortgage companies, and economic development groups. session. The Legislature adjourned minutes Timberwolves professional basketball team. before its constitutional deadline of midnight Taylor donated $9.2 million toward the on May 17. project, which consists of a 5,000-seat arena, athletic programs and facilities, and a student

May 21, 1999 / SESSION WEEKLY 31 Fees for nothing require the pre-lease deposit to go toward implemented to help fund a state health care either the damage deposit or the rent. And the program for the uninsured. A new law targets landlords who new law will provide legal remedies if the But a last-minute pact between leaders in aren’t upfront with prospective ten- terms for pre-lease deposits are violated. the House and Senate and governor produced ants about application fees. The Proponents of the measure argued that it is agreement on a plan to create endowments Signed new law, effective Aug. 1, will pro- necessary to regulate such deposits because with the money. by the governor hibit landlords from taking a there is a shortage of affordable housing and Early on the last day of the session, the screening fee when the landlord the practice of requiring pre-lease deposits has conference committee came to an agreement knows or should know that there are no units become more common. They said the new law to create three endowments. available. will provide protection for both landlords and The largest would set aside $388 million for Many landlords require that prospective tenants who make such agreements. a statewide tobacco-prevention endowment, tenants pay a screening fee to be used for Rep. Dan McElroy (R-Burnsville) and Sen. administered by the Department of Health. background checks when the tenant applies Steven Novak (DFL-New Brighton) sponsored That money is expected to earn $19 million a for an apartment. the measure. year in interest, which will go into advertising Rep. Julie Storm (R-St. Peter), sponsor of HF1178*/SF1253/CH97 and other anti-tobacco efforts. the measure in the House, said that while most The bill would also create a $377 million landlords treat prospective tenants fairly, some medical education endowment, aimed at help- are taking advantage of the housing shortage HUMAN SERVICES ing fill the gap as federal money for training and charging prospective tenants when they doctors evaporates. The nearly $19 million know that they don’t have any properties avail- Omnibus spending bill earned per year would be divided among 16 able. Those landlords then pocket the money. clinical training sites around the state, includ- Storm said that the new law “sends a mes- A health and human services omnibus fund- ing the Mayo Clinic and the University of sage to unscrupulous landlords.” ing bill, now on its way to the governor, may Minnesota. “It protects prospective tenants,” she said. be remembered as much for what it doesn’t The remaining $200 million would be socked “It also gives a message to landlords that they include as for what it does. away for a public health endowment. Half the cannot do this anymore.” The $6.4 billion bill (HF2412/SF2225*) calls proceeds, expected to be about $10 million, The measure also will require that landlords for funding endowments with tobacco settle- would be dedicated to community-based anti- return any screening fees collected if they don’t ment money, increasing spending for nursing smoking efforts and the remainder to fight actually do the background check, and will home and personal care workers, significantly health risks experienced by the state’s young provide methods for returning the payment. boosting funding for programs for the devel- people. It will require landlords to tell prospective opmentally disabled, and a bunch of policy tenants which screening service will be used. changes and appropriations designed to make Raises for workers The new law will provide penalties for vio- life better for the state’s children, poor, and Seeking to end the days of low pay for the lators, including a $100 civil penalty to be paid elderly. state’s nursing home workers and those who along with any court costs and the return of Missing from the House-Senate conference provide in-home services to senior citizens the original screening fee to the would-be committee report are all of the abortion-re- and people with disabilities, the omnibus bill tenant. lated provisions supported by the House. An includes a provision to boost the provider rate Sen. Steve Murphy (DFL-Red Wing) earlier House version of the bill would have for agencies that pay those workers. sponsored the measure in the Senate. forbidden certain late-term abortions and re- Providers would see a 4-percent increase in HF1613/SF1471*/CH150 quired a 24-hour waiting period before a 2000 and 3 percent the following year. Of that woman could undergo an abortion. The House money, 80 percent would have to be used on plan also would have cut off state dollars to wage-enhancement packages. New regulations for deposits clinics that provide abortions. Throughout the session, witness after wit- That omission nearly sank the bill when it State law will specify how pre-lease ness told both House and Senate committees came up for a final vote in the House on May that they could earn more working at a fast- deposit agreements can be made 17, just more than an hour before the session between landlords and tenants. A food counter than they could caring for the was scheduled to adjourn. But the bill passed elderly or disabled. Signed pre-lease deposit is money put on a vote of 76-57. by the More than $100 million in state funding governor down on an apartment by a pro- Rep. Kevin Goodno (R-Moorhead) spon- spective tenant to help secure the would pledged to the cost of living increases, sored the omnibus spending plan. Here are under the bill. apartment. The pre-lease deposit doesn’t in- some highlights of the legislation. clude money provided to the landlord for Improving pay is also designed to entice more people into the health care field to alle- credit or criminal background checks. Tobacco-funded endowments The new measure, effective Aug. 1, will stipu- viate a statewide shortage of workers. How to handle the $968 million in one-time In 1998, lawmakers passed a measure that late that tenants and landlords must have the money coming to the state as a result of the terms of the pre-lease deposit in writing, in- provided $20 million to improve the pay for court battle against tobacco companies was workers at long-term care facilities, which cluding how the deposit will be returned if the declared by several lawmakers to be the defin- tenant isn’t accepted by the landlord. The law mainly serve senior citizens and the develop- ing issue of the 1999 session. mentally disabled. also will require the deposit to be returned House Republicans had fought nearly the within seven days as specified in the agree- entire session to use the money to eliminate ment. the “sick tax,” a medical service provider tax If a landlord accepts the tenant, the law will

32 SESSION WEEKLY / May 21, 1999 More labor help In another move aimed at alleviating the Legislative diet health care worker shortage, the bill would create a health care and human services worker training and retention program, to be run by the Minnesota Job Skills Partnership Program. The $1.5 million two-year program would aim to assist small nursing homes, rural hos- pitals, and other entities that cannot develop employee programs on their own. The help would come in the form of grants to locally formed consortiums on a 50 percent state and local match formula. The money could be used for a marketing and outreach program to recruit employees, pay salaries during training periods, encour- age shared staff, and provide scholarships, basic computer skills, and English as a second language instruction.

Aid to developmentally disabled Nearly $6.5 million over the next biennium String cheese, carrots, candy, and pop provided a well-balanced meal for lawmakers would go to increase the availability of home- during the final, marathon session May 17. and community-based services for persons with mental retardation or related conditions. Encouraging abstinence exemption from autopsy requirements in cases Throughout the session, lawmakers heard The bill would require AIDS prevention where religious beliefs would be compromised. from parents and guardians of developmen- programs that are targeted toward children But after concerns were expressed that the tally disabled adults who said their resources exclusively to promote abstinence from sexual exemption could be used to conceal illegal for providing care were nearly exhausted and activity outside of marriage. behavior, the plan was altered to include the their options were few. And it would amend the goals of the state’s study and development of guidelines included The proposed spending would allow group Education Now and Babies Later program in the omnibus bill. homes in the state to serve a total of 100 to include “promoting abstinence until additional people. marriage.” More job counselors Money would also be set aside for semi- The state’s overworked job counselors, hired independent living services and for family Work incentives when welfare reform was enacted, would have support grants to further assist the develop- A statewide shortage of workers prompted their ranks increased under the bill, which mentally disabled. a provision calling for a change in how and provides $24 million for salaries. when state benefits for the disabled are com- In committee hearings earlier this session, Nursing home regulation puted. The bill would allow certain disabled counselors testified that they often had Disputes spurred by 1998 fines on nursing individuals to work and still receive medical workloads of more than 100 clients each, mak- homes because of side rail use on patients’ assistance coverage. ing it almost impossible to provide adequate beds prompted several provisions in the om- Under existing law, disabled individuals who service. nibus bill. work lose their eligibility for assistance but Under the bill, the Department of Health often do not qualify for employer-offered Medical Assistance broadened would be required to hold orientation ses- health care plans because of the nature of their Minnesota residents on Medical Assistance sions on any new regulatory guidelines and to illnesses. would be able to enjoy specialized mainte- release to nursing homes copies of reports and The measure would also extend the senior nance therapy provided by physical and occu- letters pertaining to the evaluation of the drug program to include disabled individuals pational therapists and speech language homes. who are under 65 and would remove an exist- pathologists, under a provision in the bill. The bill would change the conditions under ing spending cap on the program. Those services were not previously included which a nursing home could be fined for plac- in the list of options available under the pro- ing patients in what is called “immediate jeop- Special case autopsies gram, designed for those who cannot receive ardy,” and it would offer an informal dispute The pleas of a Minneapolis family whose or are not eligible for employee-provided resolution process. Federal law prohibits prac- Jewish faith prohibits autopsies were answered health care coverage. tices that place patients in immediate jeop- with a $20,000 appropriation for a grant to The program would also be allowed to cover ardy, and that law was often cited by the state conduct case studies and develop guidelines the cost of anorectics — weight loss drugs — health department when it assessed fines on for autopsy practice in special cases. under very specific instances, including the facilities that were using bed rails. Initially, a separate bill sponsored by Rep. treatment of “Pickwickian Syndrome,” a con- Jim Rhodes (R-St. Louis Park), called for an dition in which a patient’s obesity prevents sufficient oxygen from entering the lungs.

May 21, 1999 / SESSION WEEKLY 33 High-tech medicine help determine what support services are to dealing with young gamblers, who run twice The bill would expand medical assistance to needed to allow these persons to return to as high a risk of developing a gambling prob- cover telemedicine consultations via two-way, their communities. lem than do adults. interactive video or store-and-forward tech- The state would also apply for federal funds The organization hopes to take its message nology. to carry out a demonstration project to tran- to two-thirds of the state’s middle school stu- The provision is aimed at providing more sition disabled persons out of nursing homes. dents over the next two years with the comprehensive services to patients in Greater A similar program adopted several years funding. Minnesota, where specialty services are some- ago provided for the transition of the develop- times difficult to find. mentally disabled in the state from large insti- Under the bill, doctors could electronically tutions to group home settings in communities Prompt payment for care transfer an X-ray or similar digital scan, for around the state. A new law will require health main- instance, to a specialist at a far-away location tenance organizations (HMOs) and for reading and interpretation. Rural doctors plan nonprofit health service plans to A report on whether telemedicine resulted A proposal to spend an additional $300,000 Signed promptly pay claims for home care in a cost saving or other benefit to the health on a grant to the city of Duluth for a family by the governor services. care system would also be prepared by the practice residency program is included in the Effective July 1, a valid claim will health department. bill. have to be paid within 30 days of receipt by the The program has for years been the sole health plan or interest can be requested by the Wading pools defined source of doctors for the Iron Range and much organization submitting the claim. Those small brightly-colored wading pools of northern rural Minnesota. Doctors are Prompt payment language was adopted by found on so many lawns across the state trained at the University of Minnesota–Duluth the Legislature in 1997 for claims filed on throughout the summer months would no and then begin their practices in rural clinics. state-operated funding programs, reducing longer be considered public pools and would the average wait to 14 days. thus be much less stringently regulated. Veterans’ homes improvements In the private sector, home care agencies The bill specifies they must be less than 24 Five of the state’s homes for veterans would reported it is not uncommon to wait 60 to 90 inches deep and able to be emptied manually be allowed to make improvements to their days for payment, and sometimes as long as to qualify. facilities using donated money, under a provi- 120 days. That slices into their cash flow and In-home day care operators across the state sion of the bill. makes it difficult to pay workers on time. had complained to the Legislature that the The Minneapolis home would receive a pic- Most of the services are physician-ordered health department’s interpretation that the nic pavilion, walking trails would be added at and pre-authorized. For claims to qualify for pools were “public” had meant either a costly Hastings and Silver Bay facilities, an entrance rapid processing under the new law, they must registration and training process or eliminat- canopy would be constructed in Fergus Falls, be submitted in a complete fashion. ing them altogether. and a suspended wooden dining deck built at The language of the new law reflects a com- Under the measure, the department would Luverne. promise between the Minnesota Home Care provide material for distribution to all child Receiving and using donated money for Association and insurers Blue Cross-Blue care facilities related to the use of portable such projects requires legislative approval. Shield and Allina Health System. wading pools, including the risk of disease Rep. Kevin Goodno (R-Moorhead) and Sen. transmission as well as other health risks. Seniors at home Sheila Kiscaden (R-Rochester) sponsored the The bill would provide an additional measure. See your dentist $120,000 each year of the biennium to create HF1658/SF1268*/CH146 Community dental clinics would get a six more Living at Home/Block Nurse Pro- $600,000 boost in 2000 under the bill. The grams in the state. commissioner of health would provide match- The program organizes neighborhoods to Services for hard-of-hearing ing start-up grants to establish community provide assistance to help older people con- dental clinics. tinue to live at home and to link them with A new law will help make life easier The bill would also appropriate $75,000 to support services and professionals when nec- for the state’s deaf community. expand the work of Apple Tree Dental in Clay essary. Effective Aug. 1, the process for and surrounding counties in northwest There are currently 25 programs in the state Signed obtaining deaf interpreter services by the Minnesota. — 13 in urban neighborhoods in St. Paul and governor will be amended and outdated pro- The clinic operates an innovative mobile Minneapolis and 12 in Greater Minnesota. visions dealing with the way the dental unit that serves children to senior citi- Another $160,000 for the biennium would Department of Human Services purchases zens who can’t afford a regular dentist or who be made available to the Minnesota Senior communication devices for the state-run don’t have access to transportation to reach a Service Corps, a program that provides simi- Equipment Distribution Program will be dentist. lar services. repealed. Also, the state Department of Health will be Brain injury study Adolescent gambling added as a fourth member of the interagency A provision in the bill calls for a study and The bill would use $150,000 of lottery prize management team for the Deaf and Hard-of- report to the Legislature by Jan. 15, 2000, on fund money each year of the biennium to Hearing Service Division. the status of persons with brain injuries resid- increase support for Minnesota Council on Through feedback from forums held around ing in public and private institutions. Compulsive Gambling. the state, the division learned that there con- The state is hoping to gather information to The Duluth-based organization is devoted tinues to be a shortage of quality interpreter services across Minnesota. The new law will

34 SESSION WEEKLY / May 21, 1999 add “interpreting” services to the division’s Seeking service solutions Making reform official purview to enable it to explore alternatives for getting interpreting services to consumers in A task force to develop a new rate Gov. Jesse Ventura signed a new those areas of the state where there are no structure for state reimbursement law May 13 that will rid state stat- freelance interpreters. for certain services offered to the ute of references to one welfare The new law will also repeal the require- Signed developmentally disabled will be Signed program — the former federal Aid by the by the ment to contract out for referral services in the governor established under a new law governor to Families with Dependent Chil- metro area, making it optional to accommo- effective May 14. dren (AFDC) — and update refer- date the changing nature of services in the The task force is required to report to the ences to the state’s reform initiative — the area. Legislature by Jan. 15, 2000, and must operate former Minnesota Family Investment Pro- For many years, there was only one sign under the umbrella of the commissioner of gram–Statewide (MFIP-S). language interpreter referral service available human services. AFDC officially ended with the adoption by in the Twin Cities area — the service receiving Although the method of providing services the U. S. Congress of the Personal Responsi- state support. In recent years, competition in to the developmentally disabled in the state bility and Work Opportunity Reconciliation the referral marketplace has developed be- has shifted focus from large institutions to Act of 1996. That legislation required states to cause of increasing demands for interpreting individual needs, the system of reimburse- develop welfare-to-work programs and speci- services. ments for those services hasn’t kept pace. fied a host of other changes. As a result, it is expected over time that the Also, the current payment procedure pro- Minnesota began implementing those metro area’s need for state-supported referral vides a higher reimbursement rate for new changes in 1996 with a pilot Minnesota Family services will diminish. The new law will give agencies entering the market than for existing Investment Program (MFIP) in eight coun- flexibility to allow that to happen. operations. ties. Later, to differentiate between the pilot All of the revisions came about as a result of The new law instructs the task force to program and the statewide version, lawmak- periodic review of legislation that impacts the develop a plan “that reflects individual con- ers put an S behind MFIP in statute. division’s programs. sumer needs and demands for services” that is Now that the pilot program has ended com- Rep. Lynda Boudreau (R-Faribault) and flexible, simple, and equitable. pletely, it was determined the “S” was no Sen. Charles Wiger (DFL-North St. Paul) spon- The Minnesota Habilitation Coalition and longer necessary. sored the measure. Minnesota Day Activities Center Association Effective Aug. 1, the new law will eliminate HF1414*/SF1584/CH149 supported creation of the task force. The task obsolete references to both programs. force will include officials from a variety of Rep. Loren Jennings (DFL-Harris) and Sen. parties interested in reimbursements for ser- Dan Stevens (R-Mora) sponsored the Law expands eligibility vices, including the counties. measure. Rep. Lynda Boudreau (R-Faribault) and HF1393/SF1585*/CH159 A new state law will make it easier Sen. Dallas Sams (DFL-Staples) sponsored the for people with developmental dis- measure. abilities to access the Consumer HF1933/SF1615*/CH152 Support Program operated by the INDUSTRY Signed by the Department of Human Services. governor Effective March 16, the new law Mental health council Port authority name change eliminates an income cap for participation in A law effective Aug. 1 will modify A new law will change the name of the program. membership and reporting re- a Duluth port authority. Under previous law, people were ineligible quirements for the State Advisory The Seaway Port Authority of for the program if their income was equal to or Council on Mental Health. Duluth will be known after Aug. 1 more than the level at which they would be Signed Signed by the The new law will add a represen- by the as the Duluth Seaway Port required to pay a parental fee for medical governor governor tative from the Mental Health Con- Authority. assistance services and county social services. sumer/Survivor Network of Minnesota to the The name change was requested (That would translate to an income level that council. It also will require one or more of the to make it easier for people to find the organi- is the lesser of 150 percent of the federal pov- council members to be a person of color. zation in directories. Because most port au- erty guidelines or $30,000 annually.) Finally, the law will require the council to thorities contain the location in the first The program is generally used to pay for in- report on its activities to the Legislature, in part of their names, many people look up the home support services received by qualifying addition to the executive branch. “Duluth Port Authority” and do not find a individuals. The 30-member panel is charged with pro- listing. Rep. Jerry Dempsey (R-Hastings) and Sen. viding input on policy, programs, and services Rep. Mike Jaros (DFL-Duluth) and Sen. Steve Murphy (DFL-Red Wing) sponsored affecting people with mental illness. Sam Solon (DFL-Duluth) sponsored the the new measure. Rep. Fran Bradley (R-Rochester) and Sen. measure. HF356/SF73*/CH10 Sheila Kiscaden (R-Rochester) sponsored the HF1809/SF1554*/CH68 bill. HF640*/SF488/CH39

May 21, 1999 / SESSION WEEKLY 35 Keep the change he stated in a letter explaining why he didn’t HIV antibodies as a method of determining sign the new law. “However, I am becoming whether a person is HIV positive. A new law will let port authorities increasingly concerned about the growing The new law, effective Aug. 1, requires in- keep excess money earned on lease unfairness of the financing mechanism that surers to look more carefully before denying or management contracts paid for supports MCHA.” coverage. When informed that a client has Signed with state bonding funds. Sen. Steve Murphy (DFL-Red Wing) spon- participated in a vaccine test, an insurer must by the governor Under current law, extra money sored the legislation in the Senate. obtain a confidential certificate from the spon- not needed for operating costs or HF270*/SF470/CH130 sor of the trial verifying the person’s HIV debt service payments that is earned from a status. bond sale financed by the state must be paid to If it can be proven that the person’s HIV the state. Health coverage alternatives antibodies are a result of exposure to the vac- Effective Aug. 1, the new law will allow cine and that the person was HIV negative The governor on May 19 signed a Minnesota’s five port authorities to use those prior to the injection, the insurer cannot refuse new law aimed at increasing com- profits to reinvest in improvements to their to issue a policy. petition in the state’s health care terminals. Proponents of the measure say it The legislation was requested by the Min- Signed insurance market. will let the port authorities better manage the by the nesota AIDS Project, which is coordinating The new law will provide options money earned by their projects. governor four test sites in the state involving about 200 for less expensive and less compre- Rep. Jerry Dempsey (R-Hastings) and Sen. volunteers. hensive employee health policies for small Steve Murphy (DFL-Red Wing) sponsored The National Institutes of Health has evalu- businesses, many of them in rural areas. the measure. ated over 20 vaccine possibilities, which are Effective Aug. 1, it will permit insurance HF1161/SF480*/CH114 undergoing nationwide trials to determine companies that do not already have a major the safety of the vaccines and their impact in presence in the state — those that have less stopping the disease. than 3 percent market share — to offer plans Rep. Peg Larsen (R-Lakeland) and Sen. John INSURANCE that don’t include all of the state’s currently Hottinger (DFL-Mankato) sponsored the mandated coverage. measure. Cap on benefits raised Under existing state law, insurers and health HF1106*/SF1075/CH121 A new law effective May 8 increases maintenance organizations may offer small the maximum limit of lifetime employers — those with fewer than 50 em- health benefits under the Minne- ployees — the same benefit sets they offer to Coverage for translation sota Comprehensive Health Asso- large companies or they may sell two alterna- Signed by the ciation (MCHA) insurance tive plans with lower costs and lower benefits. State law now requires no-fault au- governor program. The law will provide another option to those tomobile insurance to cover the MCHA provides insurance to Minnesotans small firms. cost of sign language interpreting The new law will allow policies with differ- who are unable to obtain health insurance Signed and language translators as part of ent co-payments and deductibles, as well as by the through the private market because of pre- governor medical benefits. existing conditions. Participants pay higher those that would pay on a basis other than The state’s no-fault automobile premiums than they would for private plans. medical expenses incurred, such as a flat dol- insurance law is designed to ensure prompt The law raises the lifetime cap on health lar amount per day in the hospital or a flat payments by insurance companies for medi- benefits to $2.8 million from $2 million. Pro- dollar amount upon a diagnosis of cancer. cal and other benefits to victims of car acci- ponents of the measure said MCHA partici- Rep. Bill Haas (R-Champlin) and Sen. Linda dents. It was created to relieve the financial pants often have high health-care costs and Scheid (DFL-Brooklyn Park) sponsored the burden of uncompensated victims who might would benefit from the increased limit. measure. have costly medical or repair bills as a result of Rep. Mike Osskopp (R-Lake City), who was HF870/SF841*/CH181 an accident. the House sponsor of the measure, said he In order to communicate their illness or in- originally wanted to remove the cap entirely. AIDS study volunteers jury, people who don’t speak English often need He said an 8-year-old boy in Red Wing who a family member or professional interpreter to requires constant supervision and a special People who participate in AIDS accompany them to the doctor’s office. ventilator to breathe would benefit from the vaccine research will be protected Effective May 8, a new law directs insurance raised cap, because his medical needs cost from being unfairly denied insur- companies to pay for translators as necessary about $30,000 per month. Signed ance, under a new law. medical expenses, but the services will only be by the covered if they relate to medical care associ- The measure became law without Gov. Jesse governor AIDS vaccine clinical tests involve Ventura’s signature. injecting candidates with a syn- ated with an accident and will not apply if a Ventura said raising the benefit limit will thetic substance designed to cause the im- family member serves as the translator. further increase MCHA’s deficit. The state mune system to develop antibodies against Rep. Andy Dawkins (DFL-St. Paul), the subsidizes the association because of the high the HIV virus. The vaccine itself doesn’t con- House sponsor of the measure, said he discov- claim costs, and Ventura said he is wary of tain the virus. ered many insurance companies were not cov- supporting a program that continues to suffer However, people who participate in the tri- ering translating services as part of necessary losses. als may develop antibodies to the HIV virus. medical expenses. “I greatly appreciate the importance of as- And when insurance companies test appli- Sen. Sandy Pappas (DFL-St. Paul) spon- sisting individuals who are in danger of ex- cants for life, disability, and other types of sored the legislation in the Senate. hausting health care benefits under (MCHA),” insurance, they often test for the presence of HF684/SF521*/CH134

36 SESSION WEEKLY / May 21, 1999 All’s FAIR in insurance Under the bill, companies that pay upfront for a person’s rights to future payments would LAW A new law will make several changes have to disclose detailed financial informa- in the way the state’s Fair Access to tion about the transaction, known as a factor- Ventura veto overridden Insurance Requirements (FAIR) ing transaction. In the first successful override of a governor’s Signed plan operates. The people who are selling the rights to the by the veto in 17 years, lawmakers passed into law a governor FAIR is a high-risk pool for payments are generally claimants in personal measure dealing with seat belt liability. The homeowner’s insurance and busi- injury or workers’ compensation cases, and move came during the last hours of the 1999 ness property insurance designed to provide some are not used to making decisions on session. coverage when it is not available through the such complex financial information. Some The new law changes the so-called seat belt normal private market. people have squandered the cash they received gag rule to allow defective seat belt claims to Effective Aug. 1, FAIR will have to issue a in a factoring transaction and are unable to move forward in court. policy if the property meets preliminary un- pay their bills when they stop receiving the The House re-passed the measure May 17 derwriting requirements; however, the cover- scheduled payments. by a vote of 109-19. The Senate voted 59-1 to age may be rescinded in the next 59 days if Court approval would be required for fac- override the veto April 28. A two-thirds vote further analysis shows the policy should not toring transactions that occur after Aug. 1, was necessary in both houses to override Gov. have been issued. under the bill. The transaction would be al- Jesse Ventura’s veto. The new law also will require a standard lowed only if the court determines it is neces- The last successful veto override happened form to be used in all dealings with FAIR and sary for the claimant to avoid an “imminent in 1982 when the DFL-controlled Legislature will broaden the FAIR plan’s exemption from financial hardship” and that the lack of future passed two bills into law that Republican Gov. liability to include criminal liability. payments would not cause undue hardship. Al Quie had vetoed. The changes were requested by the board Also, the person who is selling the rights to The seat belt gag rule law states that whether that oversees operation of the plan. the payments would receive legal and finan- a person was wearing a seat belt cannot be Rep. Jim Seifert (R-Woodbury) and Sen. cial advice before completing the transaction. considered by the courts when deciding per- Linda Scheid (DFL-Brooklyn Park) sponsored The advice would include how the present sonal injury or property damage claims result- the measure. value of the cash that is being offered com- ing from a car crash. HF1708*/SF1675/CH120 pares to the money the claimant is scheduled In a 1997 case, the Minnesota Supreme to receive over time, tax implications of the Court ruled that the gag rule law, as it was proposed transaction, and explanations of written, also applied to cases in which the Covering funeral costs other possible consequences of the claim is filed against the auto manufacturer transaction. A new law will update the state for a defective seat belt. The bill also would require more disclosure statute regarding insurance for fu- If plaintiffs can’t establish that they were of that type of information in the initial nego- neral or burial expenses. actually wearing a seat belt, they can’t prove tiations of structured settlement claims. Signed The law, effective Aug. 1, will al- that the seat belt caused or failed to prevent an by the An earlier Senate version of the bill had governor low funeral home owners, direc- injury, and the cases cannot move forward. contained a provision that would have al- tors, and employees to receive The new measure simply exempts claims of lowed transactions to continue to be unregu- commissions from the sale of insurance con- defective or malfunctioning seat belts from lated if the settlement amount was less than tracts totaling $20,000 or less. However, the the gag rule law. $5,000. But that provision was removed in a commissions could only apply to “pre-need” The new law is effective May 18 and applies House-Senate conference committee. contracts, or those purchased before the ser- to any legal action pending or begun on or Rep. Bill Haas (R-Champlin), House spon- vices are needed. after that date. sor of the measure, said he opposed the $5,000 In addition, the law will clarify the defini- It will specifically allow Jodi-Michaelle limit because it would allow factoring compa- tion of who can make decisions regarding a Carlson, of Bemidji, to go ahead with a lawsuit nies to get a “foot in the door” by buying person’s funeral arrangements. Current law against a car manufacturer. Carlson was par- several small portions of a larger settlement allows such decisions to be made only by tially paralyzed in a 1995 accident involving amount. Haas argued that the regulations family, next of kin, or another representative. an allegedly malfunctioning seat belt. should apply to settlements of any amount. The new law will simply state that such deci- In his April 27 veto message, Ventura ar- Sen. Edward Oliver (R-Deephaven) sions can be made by one who has the legal gued that the bill didn’t go far enough and that sponsored the measure in the Senate. authority to act on behalf of the deceased. the entire gag rule should be repealed. The bill (HF478) now goes to the governor’s Rep. Greg Davids (R-Preston) and The governor also expressed concern that desk. Sen. Arlene Lesewski (R-Marshall) sponsored the bill would have affected cases currently the measure. before the courts and that the bill favors one HF1150/SF1182*/CH100 Where to find party over another in these cases. “By partially repealing the seat belt gag rule Selling settlement funds information an unfair advantage will be given to one party Chief Clerk’s Office in the courtroom,” Ventura wrote. “Juries The practice of buying a person’s rights to should hear all of the arguments and facts in a structured settlement payments from an in- 211 State Capitol (651) 296-2314 The Chief Clerk’s Office provides copies of case before rendering a decision.” surance company would be regulated under a bills at no charge, all agendas for House ses- The House tacked an amendment contain- bill approved by the House May 15. The vote sions, and the Journal of the House. ing the vetoed bill to a transportation depart- was 128-5. ment housekeeping bill May 13. That provision

May 21, 1999 / SESSION WEEKLY 37 Better pay for jurors A new law will ask the state’s high- est court to issue an opinion on the subject of jury pay.

Signed The measure, effective Aug. 1, will by the request that the Minnesota Su- governor preme Court study the several is- sues involving juror compensation, including a study of daily pay rates, reimbursements for child care and travel, and special consider- ations for longer civil trials. The law also will require the court to exam- ine ways to balance these concerns with a desire to have juries represent a cross-section of society. The report is due back to the Legis- lature in December. The measure came as a result of the hard- ships reported by jury members serving dur- Accident victim Jodi-Michaelle Carlson, right, will be able to sue her car manufacturer for damages, ing the lengthy trial in Minnesota’s lawsuit under a change in the state’s seat belt gag rule. The Legislature voted to override a veto by Gov. Jesse Ventura, and the new law will allow evidence of defective or malfunctioning seat belts in court cases. against Big Tobacco in 1998. The trial lasted for weeks before it ended in a settlement. was stripped from the bill (SF1762*/HF1551) Court reporters on contract Minnesota courts currently pay jurors a $30 by the conference committee. stipend per day for expenses related to jury The House passed a bill May 15 that would “We need to override this veto if we want duty. require freelance court reporters to disclose this provision to become law,” Rep. Mary Jo Rep. Michael Paymar (DFL-St. Paul) and contracts or agreements they may have with McGuire (DFL-Falcon Heights) told mem- Sen. Randy Kelly (DFL-St. Paul) sponsored litigants. The vote was 132-0. bers of the House before the vote. McGuire the measure. The measure comes in response to a grow- sponsored both the original measure and the HF1153/SF973*/CH71 amendment to the other bill. ing use of contracted court reporters. These Sen. Leo Foley (DFL-Coon Rapids) spon- contracted employees are often used by large sored the exception to the seat belt gag rule in companies, such as insurance companies, that Cover for 911 dispatchers the Senate. frequently need the services of court reporters HF462/SF303*/CH106 for depositions and other legal proceedings. Emergency dispatchers can give Under such deals, the company agrees to over-the-phone medical instruc- use the court reporter exclusively and the court tions to callers without fear of legal Malpractice limit extended reporter provides services at a reduced rate. Signed troubles, under a new law effective by the The practice is used as a way to reduce overall governor April 28. A new law will give more victims of litigation costs. The measure exempts dispatch- medical malpractice their day in The measure, sponsored by Rep. Steve Smith ers from civil liability when in the course of an court. (R-Mound), would require that court report- emergency call they provide medical informa- Current law requires that law- Signed ers disclose any contracts or agreements both tion before emergency responders arrive on by the suits dealing with medical malprac- governor in writing and orally before the beginning of the scene. tice must be initiated within two any legal proceeding. Some municipalities had advised dispatch- years of the alleged occurrence of the malprac- The bill also outlines procedures for cases ers not to give medical information over the tice. The new law will allow up to four years to where attorneys object to the use of contracted phone because the local unit of government take legal action. reporters, and would provide legal remedies could possibly be held liable in a lawsuit. Bill sponsor Rep. Henry Todd Van Dellen for litigants who aren’t given the information Rep. Rich Stanek (R-Maple Grove), House (R-Plymouth) said that some cases of mal- before the proceeding. sponsor of the new measure, said the law will practice do not become evident within the Earlier versions of the bill would have sim- give emergency dispatchers the ability to do two-year period and when the victims dis- ply outlawed such contracts altogether and their job “without fear of superfluous cover the problem, it is too late to take action. court reporters would have been required to litigation.” Van Dellen said his bill will not change the work only on a case-by-case basis. Sen. Leo Foley (R-Coon Rapids) sponsored standard for malpractice, it will just allow Critics of the agreements say that reporters the measure in the Senate. these cases to move forward. need to provide services that are neutral and HF541/SF436*/CH108 The new law is effective Aug. 1 and will fair, and that the contracts give the impression apply to legal actions commenced on or fol- the court reporter is biased toward one side in lowing that date. Divorce law correction the legal dispute. Sen. Don Betzold (DFL-Fridley) sponsored The bill (HF346*/SF278) now goes to the An error made in the state’s mar- the measure in the Senate. governor. riage dissolution law has been cor- HF56*/SF90/CH23 rected. Signed In 1991, the Legislature created a by the governor simplified process for couples

38 SESSION WEEKLY / May 21, 1999 without children and with limited property to employed (after a grace period to allow time to organization has amassed a large purchasing file for divorce. find housing). consortium in the past few years and a num- Then in 1997, the Legislature amended the The Senate bill was sponsored by Sen. Steven ber of Minnesota counties were poised to use summary process but unintentionally failed Novak (DFL-New Brighton). it, hoping to save taxpayer dollars. to remove a provision that discontinued the HF133*/SF107/CH260 Venutra, however, saw it another way. program in the summer of that year. “Providing a mechanism for municipalities The new measure, retroactively effective Public purchasing bill vetoed to evade the procurement policy objectives July 1, 1997, restores the summary process established by the Legislature will adversely and makes it permanent. A bill that sought to give cities affect the state’s cooperative purchasing pro- Rep. Matt Entenza (DFL-St. Paul) and Sen. more flexibility in awarding con- gram and state mandates for environmentally Leo Foley (DFL-Coon Rapids) sponsored the tracts for purchases was vetoed responsible purchasing,” Ventura wrote in a new law. Vetoed by Gov. Jesse Ventura. May 17 letter accompanying his veto message. by the HF1258*/SF487/CH37 governor Current law requires cities to “Economically disadvantaged small businesses solicit sealed bids for purchases if and minority business owners will also be the estimated cost is more than $25,000. The affected negatively by this bill.” Real estate rewrite bill would have raised the threshold to $50,000. He also faulted the legislation for negatively A new measure will make several For purchases between $10,000 and $50,000, impacting MINNCOR, a program developed technical changes to the state’s real the bill would have allowed cities to seek price by the Department of Corrections to employ estate laws. quotes from at least two vendors or to solicit inmates and sell their handiwork to cities and Among other things, the measure sealed bids. counties. Signed by the eliminates the requirement that Proponents of the bill said the formal bid- “While MINNCOR is on track to meet its governor owners of registered land have an ding process is unnecessary in purchasing items legislative mandate to achieve self-sufficiency owner’s duplicate certificate of title in order in that price range. by 2003, this bill would hinder the sell the land. The bill also would have allowed cities to department’s progress and threaten the con- The law also makes several minor changes purchase supplies, materials, or equipment tinuation of the entire program,” the gover- to the Common Interest Ownership Act gov- through a national municipal association or a nor wrote. erning housing cooperatives and condomini- cooperative. Ventura said the program’s prosperity is ums. Most provisions of the new law are In a letter accompanying the veto message, critical to the state prison system and he would effective Aug. 1. Ventura wrote that the proposal could have not allow it to be jeopardized “in the name of The changes were recommended by the real increased unethical conduct in purchasing streamlining government.” property section of the Minnesota State Bar decisions. Ventura earlier vetoed a separate bill Association. “The municipal contracting statute was en- (HF1709/SF1188*/CH82) that sought to raise Rep. Jim Seifert (R-Woodbury) and Sen. acted, in part, to ensure that municipal con- the dollar level above which cities are required David Knutson (R-Burnsville) sponsored the tracts are awarded on the basis of the best to solicit sealed bids for purchase. measure. value at the best price, rather than being That bill also would have allowed cities to HF382/SF343*/CH11 awarded on the basis of favoritism,” Ventura purchase supplies, materials, or equipment wrote. through a national municipal association or “I believe that contracts should be awarded on cooperative. LOCAL GOVERNMENT the basis of what you know, not who you know. In that veto message, Ventura said changing Competitive bidding is essential to ensure that the laws regarding purchases would make “who Residency rules repealed this type of favoritism does not negatively affect you know” more important than “what you a community’s interest to the benefit of a con- know” and said he aimed to encouraged com- Minneapolis and St. Paul can no tractor who happens to be in favor with the city petitive bidding. longer require city employees to manager, mayor, or city council.” Rep. Alice Hausman (DFL-St. Paul) and live within city limits, under a law Rep. Bill Kuisle (R-Rochester) and Sen. Steve Sen. Charles Wiger (DFL-North St. Paul) spon-

Signed effective March 5. Kelley (DFL-Hopkins) sponsored the sored the most recent measure. by the governor The measure repealed laws that measure. HF1544/SF1609*/CH167 allowed those cities to make resi- HF1097/SF1188*/CH82 dency a condition for employment. Amortization prohibition Proponents of the proposal, sponsored by Rep. Rich Stanek (R-Maple Grove), argued Second buying bill vetoed A new law prohibits cities and coun- that residency requirements make it more dif- Gov. Jesse Ventura has vetoed a ties from setting a deadline for ficult for those cities to hire and retain quali- second bill this session dealing property owners to cease opera- fied employees. with the way cities and counties Signed tions that do not conform to zon- Stanek, who works as a Minneapolis police Vetoed by the ing ordinances — a maneuver by the make purchases. governor officer, said residency requirements also vio- governor The most recent measure would sometimes used to force out unde- late people’s basic right to choose where they have exempted governmental sirable businesses or halt unpopular practices. live. The Legislature passed measures allow- units from having to have an agreement to act The practice is known as amortization and ing residency requirements for Minneapolis jointly or cooperatively for purchases under the law, effective April 24, prohibits it except in 1993 and for St. Paul in 1994. People hired $25,000 if the purchases were made through in cases where it is used to close strip clubs and since the requirements took effect have been the National Association of Counties. That other “adult” businesses. required to live in the city where they are Cities and counties can change zoning

May 21, 1999 / SESSION WEEKLY 39 ordinances to reflect changing land uses, such Employees’ legal fees Funding historical projects as a growing business or industrial district. But if an existing section of property becomes A new law allows townships to Most Minnesota cities will be able a nonconforming use due to a change in zon- reimburse certain legal costs to to make unlimited donations to ing, state law allows the owner of that property employees. historical projects, under a new law. Signed to continue that use under certain conditions. Signed Under existing law, cities and A $500 cap on what cities can by the by the counties can reimburse legal costs governor spend on historical projects was The city or county can also condemn the governor nonconforming property, but the property of employees charged with com- enacted in 1957 and later raised to owner must be paid fair market value. mitting crimes while performing their official $2,000 in 1977. Opponents of amortization call it a loop- duties. The law requires that the payment The proposal to eliminate that cap was sup- hole in the law, because it effectively makes a must be approved by the district court. ported by the Minnesota Historical Society as property worthless. If the local government The new law, effective April 2, simply gives a way of encouraging additional historical sets a deadline for a business owner to con- the same authority to Minnesota’s 1,793 investment by cities. form to a new zoning ordinance or to move, a townships. The new law, effective Aug. 1, will also potential buyer would have no incentive to The measure came as a result of a case in clarify state law regarding contributions to buy the property until after the deadline, when New Scandia Township in Washington senior and youth centers. That provision was the value would plummet. County. In 1994, prosecutors charged the requested by the city of Paynesville, where Rep. Peg Larsen (R-Lakeland) and Sen. Keith township’s former chief of police with mis- officials discovered that while the city could Langseth (DFL-Glyndon) sponsored the conduct by a public employee while serving as operate a transit program, it couldn’t legally measure. chief. give financial support to an existing service HF896/SF854*/CH96 Although the case was dismissed by a judge operated by someone else. in 1995, the former employee incurred $4,500 Rep. Doug Stang (R-Cold Spring) and Sen. in legal fees. And because she worked for a Michelle Fischbach (R-Paynesville) sponsored Fees for pinball machines township and not a city or county, the em- the measure. ployee could not seek reimbursement from HF371*/SF461/CH155 A new law will require Minnesota the local government. cities that issue permits for amuse- Rep. Doug Stang (R-Cold Springs) and Sen. ment machines such as pinball or Covering expenses Jim Vickerman (DFL-Tracy) sponsored the video games to charge only as much Signed measure. A new law effective Aug. 1 will in- by the as it costs them to issue the permit governor HF475*/SF517/CH30 crease per diem rates for board or $15 per site and $15 per ma- members of some Minnesota chine, whichever is lower. sanitary districts. The new law was supported by the Minne- Signed Mandated minimums by the A per diem rate is paid to a person sota Operators of Music and Amusements, a governor much like an allowance to cover trade association for the coin and currency County recorders will be able to travel, dining, or other expenses associated activated amusement industry, which ex- require a minimum deposit in ac- with that person’s duties as an employee or pressed concern that some cities are using fees counts to assure payment of elected official. to control personal and business activity and charges, under a new law. Signed Board members who serve the Western Lake to generate revenue. by the County recorders are responsible governor Superior Sanitary District will see their per The association claimed some cities charged for keeping track of property diem rates rise from $35 to $50. as much as $150 per location plus $60 per records. Under current law, companies may Per diem rates for board meetings of the machine. post a security deposit with county recorders Moose Lake-Windemere Sanitary Sewer Dis- Cities are not required to license amuse- to pay for fees when records are filed. This trict will also increase from $35 to $50, but the ment machines; however, if they do, they are allows the county to deduct the fees from the annual maximum of $1,000 will not change. limited to charging only the cost of issuing and company’s account and does not require com- In addition, the per diem for the board’s chair administering the license. The new law, effec- pany couriers to carry money with them when will rise from $45 to $50. For events other than tive Aug. 1, will clarify that provision of statute they deliver documents to the county recorder. meetings, that district’s per diem for its board for the machine owners. The new law, effective Aug. 1, allows county members will increase from $35 to $50. Rep. Rob Leighton (DFL-Austin) and Sen. recorders to require a minimum balance in Both sanitary districts were established in Jim Vickerman (DFL-Tracy) sponsored the company accounts to guarantee the payment the 1970s, and their rates have not changed measure of fees. It applies to all counties in the state. since they were created. HF1140/SF1329*/CH179 The measure stems from a state auditor’s Rep. Willard Munger (DFL-Duluth) and report that found Ramsey County requiring Sen. Sam Solon (DFL-Duluth) sponsored the the minimum deposit without the legal au- measure. Legislative history can be researched thority to do so. HF258/SF376*/CH145 in printed materials at the Legislative Rep. Andy Dawkins (DFL-St. Paul) and Reference Library or, for the years Sen. Sandy Pappas (DFL-St. Paul) sponsored since 1995, on the Internet. the legislation. Find directions at: HF908/SF465*/CH69 http://www.leg.state.mn.us/leg/ leghist/histstep.htm

40 SESSION WEEKLY / May 21, 1999 Hospital district addition But the new law, effective March 5, repeals MILITARY that law, which also included a requirement A new law effective May 12 autho- that snowmobilers buy a $50 sticker to use rizes the Paynesville area hospital Armory board eligibility studs until the ban was to take place. district to add the city of Rich- Rep. Tom Hackbarth (R-Cedar), sponsor Gov. Jesse Ventura signed a law Signed mond to its domain. of the bill, said the special fee and pending ban by the that will broaden eligibility for Under state law, only cities that have caused parts of the state to suffer from governor National Guard members to serve lie geographically next to hospital lost tourism revenue. And he said the repeal on armory boards. The new law districts, which may levy taxes, can become Signed will help bring some tourism dollars back to by the takes effect Aug. 1. part of the districts without approval from the governor the state. Current law limits eligibility for Legislature. Sen. LeRoy Stumpf (DFL-Thief River Falls) such positions to officers. The new law will In this case, Richmond is separated from sponsored the measure in the Senate. extend it to enlisted personnel and warrant the hospital district by a township. The hospi- HF6*/SF40/CH4 tal is building a new clinic in Richmond and officers, who already perform duties of man- wanted the city to be part of the district in the agers of armories. The measure also will allow event that it might have to impose a tax in the retired National Guard members to serve as No stickers on antique boats future. recruiters and to handle other temporary du- Owners of antique boats will have Rep. Doug Stang (R-Cold Spring) said the ties. It is designed to give the Department of more leeway in displaying their boat request needed legislative approval because of Military Affairs more flexibility in hiring quali- licenses, under a measure signed the hospital district’s taxing authority, in ad- fied people for those temporary duties. by Gov. Jesse Ventura. dition to granting the geographic exception. Rep. Bruce Anderson (R-Buffalo Township) Signed by the The new law will allow owners of Stang and Sen. Michelle Fischbach (R- and Sen. Deanna Wiener (DFL-Eagan) governor restored historic boats to affix the Paynesville) sponsored the legislation. sponsored the legislation. license number and decals to a detachable HF174*/SF156/CH147 HF1565*/SF1677/CH46 device on the boat instead of to the boat itself. It will affect boats that were built before July 1, More liquor licenses 1959, and that are used solely as collector’s SPORTS Some cities would be allowed to increase items. The law takes effect Aug. 1. Rep. Jim Rostberg (R-Isanti), House spon- their number of on-sale liquor licenses under Reprieve for stud users a bill approved May 14 by the House. The vote sor of the measure, said it will allow owners of was 122-4. An approaching statewide ban on those boats to participate in parades or events The number of licenses that can be issued by metal traction devices — or studs without having to deface the valuable crafts a city is based on population. As cities grow — for snowmobiles was repealed with license stickers. In a letter filed with the bill, Ventura wrote they can seek legislative approval for more Signed this year. licenses. The number of licenses issued in a by the Stud use remains illegal on paved that he believes the law should apply to all governor city also is subject to the approval of the local trails. Damage to those trails caused watercraft. city council. by illegal use of studs prompted the 1998 law “It is my expectation that the Legislature Under the bill (HF1079), seven cities would banning studs on all public lands as of July 1, will revisit this issue in a future legislative be able to increase the number of liquor li- 1999. session and pass a bill exempting all watercraft censes that they could issue. It would allow Eden Prairie to issue five additional licenses, Marshall to issue four additional licenses, Stillwater to issue two additional licenses, and Bemidji, Detroit Lakes, and Proctor to each issue one additional license. The city of Min- neapolis would be able to issue a license to a restaurant at 1931 Nicollet Ave. S. The bill would also allow temporary licenses for events, such as alumni programs at Macalester College and the University of Min- nesota, and for the Twin Cities Marathon, which would only be allowed to serve beer that is brewed in Minnesota. Special licenses would also be allowed for the Brave New Workshop, Theatre de la Jeune Lune, and the Fitzgerald Theatre to serve wine and malt liquor during intermissions of performances. The bill now goes to the governor’s desk. Lawmakers repealed a 1998 ban on snowmobile metal traction devices, or studs, for use on public land.

May 21, 1999 / SESSION WEEKLY 41 from the license display requirement during any exhibit, regatta, or boat parade held in Minnesota,” he wrote. Sen. Doug Johnson (DFL-Tower) sponsored the measure in the Senate. HF137*/SF463/CH22

TAXES Tax cuts and rebates A significant cut in income taxes and a $1.3 billion sales tax rebate were passed by the lawmakers May 17, and the plan awaits action by Gov. Jesse Ventura. “Today is the day we redeem our campaign promises,” said Rep. Ron Abrams (R- Minnetonka), chair of the House Taxes Com- Most Minnesotans will be checking their mailboxes in August, when the state will likely mail an mittee and sponsor of the bill (HF2420). estimated $1.25 billion in sales-tax rebate checks. The total rebate, which would be based on 1997 “Today we have before us the largest tax cut in income tax records, could jump to $1.3 billion if further budget surpluses are found when the state the history of Minnesota. balances its books June 30. The tax cuts in the proposal total $1.3 bil- year, given the continued strength of the state’s services without having to spend more tax lion for the first year of the coming biennium economy. dollars. and $1.2 for the second year. The House vote The average household would receive about on the bill was 119-13. $600. Rebates would be determined by taking Sick tax doctored The plan would reduce income tax rates for the total from Line 4 of the M-1 Form filed in The state’s medical services provider tax — married individuals filing joint returns from 6 1998 for income earned in 1997 and applying often called the “sick tax” — would remain in to 5.5 percent on the first $25,200 in taxable it to one of two tax tables — one for single place, under the bill. The House had originally net income, from 8 to 7.25 percent for income people or married couples filing separately proposed a two- or three-year phase out, a from $25,200 to $100,200, and from 8.5 to 8 and another for joint filers or people filing as move that would have cost the state just over percent on all income over $100,200. a head of household. $292 million. Minnesota taxpayers would likely notice The bill would also eliminate the so-called The gap in revenue would have been filled the reductions in July when state officials would “marriage penalty,” a hitch in state law that with a portion of the state’s tobacco settle- reissue withholding tables. Officials expect forces married couples filing jointly to pay ment money. But once an agreement was the decreases to average about 9 percent. more taxes than single filers with the same reached to spend that money on health-re- While the tax cut was among the most popu- income. lated endowments, the provider tax was left in lar provisions of the bill, it was also one of the Under the plan, couples would be given a place. However, a scheduled increase in the most criticized. Specifically, the cut in the top credit ranging from $9 to $261, based on in- rate for the coming year was eliminated. bracket drew opposition from some come level. The original House bill contained During debate on the conference commit- legislators. a more expensive proposal to simply expand tee report, members on both sides of the aisle “This bill widens the gap between the rich the width of the “married” bracket to encom- pledged to renew their quest to eliminate the and poor in Minnesota,” said Rep. Andy pass two “single” brackets. tax next year. Dawkins (DFL-St. Paul). But the compromise plan, proponents said, This year’s bill also includes exemptions for He noted that personal income in the state would result in fewer “marriage bonuses” — certain services doctors provide without has risen four-fold in 20 years, but only the instances in which certain couples would be charge, such as providing treatment for em- wealthiest 20 percent have shared in the good rewarded for filing jointly. ployees as part of a company-provided health times. Here are other highlights of the omnibus care program. Rep. Myron Orfield (DFL-Mpls) said 40 tax package. percent of the tax cut benefits would accrue to Sales tax changes the wealthiest 6 percent of earners. Charity for all Among the proposed sales tax changes are Abrams contended the bill was fair and More Minnesotans making contributions exemptions for those filming television com- contained something for everyone. to charitable organizations would be rewarded mercials in the state, counties purchasing equip- He pointed out that nearly all Minnesotans with a deduction, under the measure. ment and supplies for road maintenance, vehicles would benefit from the rebates, which would Current law only allows deductions for given as gifts by individuals, and prizes for games be mailed sometime in August. Most residents charitable giving if a taxpayer itemizes his or of skill or chance at carnivals and fairs. would receive the rebate automatically with- her return. Those who don’t itemize would be The exemption for those filming commer- out having to file a form. allowed to deduct 50 percent of their contri- cials was requested by Gov. Jesse Ventura as a Although the rebate amount was approved butions over $500, under the bill. way to spur business activity in the state. The at $1.25 billion, Abrams said that could easily The aim is to boost the stock of nonprofits exemption would likely cost the state more rise to $1.3 billion before the end of the fiscal in the state as a way of providing needed than $2 million during the biennium.

42 SESSION WEEKLY / May 21, 1999 through a corporation without taxes being Taxpayer savings assessed to the individual shareholders. Con- (Including a $1.6 billion permantent tax cut and gress enacted Subchapter S of the Internal $1.3 billion one-time rebate) Revenue Code in 1958 to allow some busi- Permanent tax cut One-time sales tax rebate nesses to be treated as partnerships for tax purposes. Married couple, Married couple or The Legislature in 1997 moved to conform 2 dependents head of household to federal laws but didn’t include banks. Un- der provisions of the current bill, banks would 1997 taxable Annual Average New tax Income range not be given the status at parity with other income savings rebate companies, but would be credited for 80 percent of the benefit. $10,000 $840 credit $76 $15,000-$24,999 $623 $t25,000 $7151 credi $96 $625,000-$34,99 $72 Multi-state businesses Changes in how Minnesota’s large multi- $50,000 $1,427 $309 $35,000-$44,999 $847 state corporations pay their taxes are included in the compromise tax bill. $075,000 $52,84 $945 $545,000-$59,99 $94 Under existing law, most corporations are required to use a three-factor formula, based $100,000 $4,254 $601 $60,000-$79,999 $1,117 on property, payroll, and sales. The tax is $8250,000 $116,66 $91,58 $680,000-$99,99 $1,34 weighted most heavily on sales, which means companies that are based in other states but have significant sales here pay the most tax. Companies that own and operate plants Ssingle filer, no dependents Single filer, no dependent here pay less in corporate taxes. $10,000 $160 $15 $15,000-$19,999 $464 The new law would add additional weight to the “sales” category and lower the amounts $025,000 $21,00 $99 $620,000-$24,99 $49 paid based on property and payroll. The net effect is intended to attract more manufactur- $50,000 $2,326 $229 $25,000-$29,999 $515 ing businesses and high-paying jobs to the $075,000 $53,74 $937 $030,000-$39,99 $57 state. The change would result in an estimated $100,000 $5,293 $475 $40,000-$49,999 $649 $23.4 million less in tax revenue flowing into state coffers in the second year of the $5250,000 $917,83 $91,25 $650,000-$69,99 $77 biennium.

$500,000 $37,513 $2,489 $70,000-$99,999 $958 Economic development Sources: House Research and Minnesota Department of Revenue Three business ventures in the state would be granted exemptions from various state taxes, County and city officials had sought a com- file a report describing how the aid was spent. under the omnibus plan. plete exemption from paying sales tax on all Owners of a beef-slaughtering house near goods and services purchased, but they re- Steel plant boost Windom would be exempt from sales tax for ceived only the exemption for road mainte- The bill contains a $20 million commit- materials, supplies, and equipment used in nance purposes in the bill. ment from the state to a plan for building a the expansion and improvement of their facil- cutting-edge steel-making facility near ity. To qualify, the project must be completed Caring for the poor Nashwauk in northern Minnesota. by Dec. 31, 2001, exceed $15 million in costs, Two large hospitals in the Twin Cities metro The provision was part of the Senate’s om- and create at least 150 new jobs. area — one in Hennepin County and one in nibus tax plan but was not in the original Another exemption from sales tax for mate- Ramsey County — would be reimbursed for House measure. House conference commit- rials and supplies used in construction of an providing medical care to low-income Min- tee members originally were cool to the idea, electrical generating facility at an unnamed nesotans who do not reside in either of those but later approved the plan, which would be location is also included. The facility would counties. added to $30 million already committed to the have to use wood waste and by-products ex- Under the bill, $10 million would be avail- project by the Iron Range Resources and clusively for generating electricity. able, based on each hospital’s share of the Rehabilitation Board. Finally, an electric utility peaking facility in county’s charity care. Martin County would be exempted from prop- Representatives from Hennepin County Banks and taxes erty taxes. An out-of-state company is pro- Medical Center in Minneapolis and Regions The bill would allow the state’s small bank posing to build a facility that would generate Hospital in St. Paul appeared before several owners to elected “S corporation” status and electricity for area power companies on an “as House committees, pleading for help with the avoid the state’s corporate franchise tax. needed” basis. The plant is to be located at a ever-growing costs of admitting patients who The move is expected to cost the state $23 spot where a 42-inch natural gas pipeline and can’t pay and who don’t live in the county. million in revenue over the biennium. a 345-kilovolt high-voltage electric transmis- Reimbursement recipients would have to “S corporation” status allows profits to flow sion line converge.

May 21, 1999 / SESSION WEEKLY 43 Airport help takes off Business subsidies value over the frozen amount, known as the Community leaders from Richfield ap- State and local government units would increment, are captured to finance economic peared en masse to support a provision in the have new regulations on how, when, and why development, usually improvements directly bill that would help provide relief for their they provide subsidies to attract new beneficial to the project. community once the Minneapolis-St. Paul businesses. Special provisions requiring legislative au- International Airport expands. Under a Senate-sponsored provision, gov- thority for nine TIF districts already in exist- The measure would designate an airport ernment agencies awarding business subsi- ence are included in the bill. impact zone in Richfield and direct the Metro- dies would have to establish a specific public politan Airports Commission to issue $30 purpose for the subsidy and enter specific Bug farm gets break million in bonds to pay for land acquisition, subsidy agreements. The agreements would The Gordon Vadis farm near Ham Lake relocation, redevelopment, and public im- have to include an obligation to repay part or would be deemed agricultural property for provements in the zone. all of the subsidy if the recipient does not meet property tax purposes under a section of the Commission revenues, specifically funds its obligations. omnibus bill. from higher landing fees, would have to se- The new rules would generally apply to Vadis appeared before the Property Tax cure the bonds. subsidy amounts of more than $25,000. Division of the House Taxes Committee in The provisions were in response to public February to complain that the Anoka County All in the family concern that too much money is being “given assessor said he didn’t qualify for the agricul- Two provisions in the bill are aimed directly away” to attract businesses by cities, counties, tural classification. Vadis raises crickets for at Minnesota families. and some state entities with little to show for it. animal consumption, and he was denied agri- An expanded eligibility for the working fam- cultural classification because he wasn’t rais- ily credit for taxpayers with children would Border cities aid ing food for human consumption. cost the state about $25 million over the com- Four communities along Minnesota’s west- The provision would add “insects primarily ing biennium. The bill would increase the ern border would divvy up $1.5 million, to be bred to be used as food for animals” to the credit by 10 percent in the lowest income used for city enterprise zone credits. The cred- definition of agricultural property. bracket. its are designed to help Breckenridge, Dilworth, Also included in the bill is a provision to And the measure would expand eligibility East Grand Forks, and Moorhead compete for allow Christmas tree farmers to enjoy agricul- for education tax credits. Under the bill, par- businesses and jobs with neighbors in North tural status under the tax code. ents could claim a credit for fees for certain Dakota and South Dakota. lessons taught by members of Minnesota Music The money could be used to provide ex- Offers-in-compromise Teachers Association. Under current law, pi- emptions for sales tax on building materials The compromise bill proposes specific ano teachers must have a bachelor’s degree in and equipment, income tax credits of up to guidelines for when farmers and others seek order for their services to be fit under the $3,000 for each additional employee hired, arrangements to settle their tax liability. education tax credit. debt financing for constructing or expanding Under a measure offered originally by Rep. The bill would also expand the definition of facilities, or as a state-paid property tax credit. Bill Kuisle (R-Rochester), the commissioner those who qualify for the education credit to The bill would also provide an exemption of revenue would have to establish guidelines include non-custodial parents who provide from the limits on state funding for border to determine whether an offer-in-compro- financial support for their children’s city development zones in those four cities mise or an offer to make installment payments education. and Ortonville. is adequate and should be accepted. The guidelines would have to include a Property tax cuts Tiff over TIF stipulation that the department will not reject Nearly every rate for every class of property Spending tax-increment finance (TIF) dol- an offer-in-compromise from a low-income tax would be trimmed slightly under the bill. lars to construct or renovate facilities for so- taxpayer solely on the basis of the amount of Farmers would likely see the largest de- cial, recreational, or conference facilities or the offer. creases under a plan to move away from the for public parks would be prohibited under The bill would also provide an appeal pro- traditional system of taxing farmland based the omnibus bill. Cities and counties would cess, should the taxpayer not agree with the on acreage and toward a value-based system no longer be permitted to build ice rinks, department’s determination. instead. community centers, or other similar facilities Without guidelines, offers-in-compromise Another plan to use $40 million in general with TIF money. are considered on a case-by-case basis, and fund revenue to provide property tax relief to Further, the bill would prohibit TIF funds critics have said that leads to frustrations and farmers and assure school districts don’t lose from being spent on improvements, equip- misunderstandings. money because of the changes is also included. ment, and other items whose primary purpose And the concept of limited market value is decorative or aesthetic. Taconite tales would be continued in the bill. Under that Entities that violate state law regarding TIF The measure would freeze the taconite pro- provision, the increase in the assessed value of could lose their right to form TIF districts for duction tax at the 1998 level of $2.141 per a home would be limited to 8.5 percent of the up to five years. gross ton for the coming year. The tax had preceding year’s assessment or no more than Many communities have come to rely on been scheduled to increase by a specific per- 15 percent of the difference between the cur- TIF districts to create economic development. centage each year in perpetuity. rent assessment and the preceding assessment, Using TIF, a local government can create a The bill would also give $20 million to the whichever is higher. specific district in which property tax values Minnesota Minerals 21st Century Fund for are frozen. loans and investments aimed at iron produc- As a developer proceeds with a project, the tion facilities experiencing downturns. taxes generated by the increase in property The fund was created with the stipulation

44 SESSION WEEKLY / May 21, 1999 that all funds be matched with contributions Finally, an appropriation of $50,000 for from the Iron Range Resources and Rehabili- each year of the biennium would go to non- TOURISM tation Board. profit organizations that offer taxpayer assis- tance services to low-income Minnesotans. The Wilder way ZIP is out A road named after one of Consumers who have items delivered to Tax collection streamlined their homes may find themselves paying more Minnesota’s most famous authors is sales tax than is legal. Many companies use Minnesota’s district courts have changing its route, under a new law. Effective March 19, the Laura ZIP codes to determine whether a sale is sub- been removed from the loop when Signed by the Ingalls Wilder Historic Highway ject to local sales tax, rather than city the Department of Revenue pur- governor near Rochester is rerouted from a boundaries. Signed sues collection of certain back taxes, by the U.S. highway to a county highway. Under a provision in the bill, that practice governor under a new law. would be prohibited unless the ZIP code is The revenue commissioner is now Previously, the specially designated route entirely contained in the political subdivision allowed to serve a summons and complaint by ran through a mostly commercial area on that imposes the local tax. certified mail to the taxpayer’s last known heavily traveled U.S. highways 14 and 52. Af- The onus would be on the consumer to address. ter the reroute, it is using a county road and inform the company that he or she doesn’t live Under prior law, the department was re- now passes by the Olmsted County Historical in a community that has an enhanced sales quired to file with the court administrator Society, which is expected to develop exhibits tax. showing the taxes due. The court administra- about the famed pioneer author. tor then began the collection process. The historical center has a log cabin that Lawful gambling tax relief The association that represents the court resembles one in which the Ingalls family lived. The bill contains good news for the opera- administrators requested the change. The pro- Plans for a prairie restoration project are un- tors of lawful gambling operations in the state. cedure applies primarily to collection of taxes der way, and the historical society wants to The tax on paddlewheels, raffles, and bingo from people who have left the state. name the prairie in the author’s honor. would be reduced from 9.5 percent of gross The new law, effective May 12, represents a The Ingalls family did not live in the Roch- profit (gross receipts minus prizes) to 9 per- streamlining of tax collection procedures in ester area, but Pa Ingalls once worked in cent. The tax on pull-tabs and tipboards would the state. Olmsted County. And Laura Ingalls Wilder is be lowered from 1.9 percent of ideal gross Rep. Sherry Broecker (R-Vadnais Heights) known to have traveled through the city many (gross receipts if all pull-tabs or tipboards in a and Sen. Jane Ranum (DFL-Mpls) sponsored times on her trips to neighboring states. package are sold) to 1.8 percent. the measure. Rep. Bill Kuisle (R-Rochester) and Sen. Finally, the combined receipts tax (gross HF1131/SF1115*/CH143 Kenric Scheevel (R-Preston) sponsored the receipts from pull-tabs and tipboards received measure. HF157*/SF379/CH16 by an organization with more than $500,000 Mortgage registry update in gross receipts from these sources in a year) would also be decreased in three steps. A new law will update mortgage The bill would also delay the time those registry and deed taxes, removing TRANSPORTATION taxes are due from the 20th of each month to outdated and archaic language and Transportation finance bill the last business day of the month. Signed reorganizing the statute involved. by the The changes take effect July 1. governor Lawmakers in the House and Senate ap- Sprayer payers The measure was requested by proved a $3.3 billion omnibus transportation The bill would set the annual registration the Department of Revenue, which wanted to finance bill May 17. The House vote was 89- fee for “agricultural aircraft” at $500. Under update the law to ease the administration pro- 42. The measure awaits action by Gov. current law, the fee is 1 percent of the aircraft’s cess for both counties and states, and to make Jesse Ventura. value. statute easier for taxpayers to read. The bill (HF2387) includes spending provi- The plane must be of one-passenger design Substantive changes include reducing a civil sions for road construction, transit, public safety, and used only for agricultural purposes. penalty provision, providing procedures for airports, and railroads. Rep. Carol Molnau (R- administrative appeals, providing a clear stat- Chaska) and Sen. Janet Johnson (DFL- Other key provisions ute of limitations, and giving authority to North Branch) are sponsoring the measure. Other notable portions of the bill include a assess personal liability for deed tax. Of the spending total, about $166.2 million provision that would exempt Holocaust sur- The law also contains technical changes would come from the state’s general fund. The vivors who receive a financial settlement from that will eliminate outdated language, add remaining dollars would come from the con- having to pay state income tax on the money. definitions, and move provisions into a more stitutionally dedicated funds for state and lo- The bill also would extend levy limits for logical order. cal highways. cities and counties for another year, and would Rep. Ron Erhardt (R-Edina) and Sen. Sandy The omnibus plan does not include $60 give New Ulm and Proctor permission to levy Pappas (DFL-St. Paul) sponsored the bill. million for the planned light-rail transit line in a local sales tax under specific conditions and HF379*/SF381/CH31 Minneapolis. That provision, originally in the for specific projects. Senate’s omnibus transportation bill, was Tax exemptions would be provided for pur- added to the bonding bill (HF2205). chases of a certain type of kerosene and racing Here’s a look at the transportation measure’s fuel, and for property purchased to be used as major spending provisions. prizes for games of skill or chance at carnivals, festivals, and fairs.

May 21, 1999 / SESSION WEEKLY 45 Highways, runways, waterways place equipment, hire more driver’s license studies by the transportation department, in- The Minnesota Department of Transporta- testing examiners, and make more license cluding a report on regional taxi regulation tion would receive $38.7 million for aeronau- plates, which are currently in short supply. and another on beginning Amtrak service be- tics projects, such as airport construction and About $1.9 million in the bill would beef up tween the Twin Cities and the Iron Range. maintenance funds. driver’s license testing sites by hiring 19 new Greater Minnesota Transit, a service that examiners. And $309,000 would enable the aids rural areas in providing bus service, would division to begin registering vehicles over the Emissions testing to end receive $30.8 million, and $3.2 million would Internet in fiscal year 2001. Gov. Jesse Ventura signed a new go toward railroads and waterways. A sum of The measure also would repeal a tax credit law May 18 that will eliminate the $100,000 would help fund a railroad corridor for disabled license plates, which would help state’s motor vehicle inspection improvement plan in southern Minnesota. pay for an initiative to crack down on illegal Signed program no later than March 1, by the The bill would provide $1 billion for state use of handicapped parking permits. governor 2000. road construction funds and $6 million for In other provisions, a $12.50 fee for state The measure allows the state to hiring additional transportation workers. identification cards would be lowered to 50 terminate the inspections next spring, pend- Another $9.3 million would cover pavement cents for individuals who suffer from mental ing air quality approval by the U.S. striping, traffic safety and freeway operations illness, and the department would be allowed Environmental Protection Agency (EPA). technology, and other maintenance projects. to solicit paid advertising for Minnesota But if the EPA deems air quality in the Twin The bill also includes $50,000 to purchase driver’s license manuals. Cities area has met federal air quality stan- equipment for the new 800-megahertz metro- dards before the March deadline, the law al- politan radio system. Title transfers lows for the 8-year-old program to end earlier. The legislation would allow for one more The omnibus bill would create a detachable Officials from the Minnesota Pollution Con- year the transfer of an extra 0.25 percent of gas postcard people could mail to the state trans- trol Agency say they believe the EPA will ap- tax revenue generated by snowmobiles to be portation department after they sell a motor prove the area’s carbon monoxide level, which allocated to the snowmobile trails and en- vehicle. is monitored on a routine basis. forcement account. Because of a trial period The form, which would be attached to a If the state were to halt the emissions testing under current law, that figure is 1 percent, and vehicle’s title, would help to decrease registra- program before getting the nod from the fed- is slated to revert to 0.75 in fiscal year 2000. tion fraud. eral government, the EPA could withhold high- The money is used for upkeep and safety of The seller would send in the form to notify way funding. Concerns over that possibility snowmobile trails. the state of the sale, which could put more led state lawmakers to make ending the in- The transportation department would re- pressure on the buyer to make sure he or she spection program contingent upon meeting ceive a total of about $3 billion from the bill. completes the registration of the vehicle. Un- federal air quality standards. der the plan, penalties would be stepped up for Since going into effect in 1991, the vehicle Bus money not registering a vehicle after a purchase. The emissions testing program has met opposi- The Metropolitan Council would receive provision comes from a separate bill (HF1985/ tion from citizens and lawmakers alike. An an increase in funding to preserve and expand SF394*) sponsored by Rep. Mark Buesgens attempt to repeal the program in 1995 failed, its transit service. (R-Jordan) and Sen. Dave Kleis (R-St. Cloud). but it resulted in exempting cars less than five Council officials initially asked lawmakers years old from the testing requirement. for a $14.9 million increase over two years. Other changes Proponents of the new law say the program However, the bill allots an additional $11.2 The bill does not include state funding for has done the job of improving air quality in million, bringing the state appropriation for two projects — a children’s information line the Twin Cities and is no longer needed. But Metro Transit — the city bus system — to and an elderly safety program — within the its opponents, including officials from the $109.9 million for the biennium. Minnesota Safety Council, a non-profit agency company that conducts the vehicle inspec- that educates citizens. However, the council tions, argue that the program is effective and Patrols and plates would receive $134,000 over the biennium. should continue. The Minnesota Department of Public Safety And the transportation department would Rep. Barb Haake (R-Mounds View) and would receive $220.8 million for its transpor- begin a conversion back to the English system for Sen. James Metzen (DFL-South St. Paul) spon- tation-related programs. construction project measurements, under a plan sored the legislation. About half of the money would go to the sponsored by Rep. Torrey Westrom (R-Elbow HF7*/SF142/CH178 Minnesota State Patrol, with nearly $1.4 mil- Lake) that was included in the omnibus bill. The lion to replace radios in patrol vehicles. The department started converting to the metric bill would also fund the replacement of a system in 1992 in a move to comply with federal No cut in tab fees helicopter and provide $735,000 for the state intentions to convert. But implementation has While Gov. Jesse Ventura succeeded in his trooper training academy. been slow, and Congress has made conversion push to secure funding for light-rail transit, Funding in the amount of $492,000 would optional for the highway industry. The change his proposal to cut license tab fees did not fare support the protection of elected officials, but back to the English system would make it easier as well this session. those funds would be allocated to Capitol for local governments and private contractors to In his biennial budget recommendations, Security. Gov. Jesse Ventura had originally do business with the state. Ventura urged instituting a flat, $75 rate for asked for funding for additional state troopers Vehicles owned by commercial driving the motor vehicle registration tax, commonly to provide executive protection, but the bill schools would be exempt from registration known as the license tab fee. does not grant his request. taxes, under the bill. And home schools would Some lawmakers were concerned that The department’s Driver and Vehicle Ser- be allowed to teach driver’s education classes. Ventura’s proposal would take too much vices Division would see more money to re- The legislation also would require several

46 SESSION WEEKLY / May 21, 1999 money away from highway and road repair Easing plate application were taken out by a House-Senate conference funds, prompting various other proposals to committee. restructure transportation funding. A new law effective Aug. 1 will re- Gov. Jesse Ventura had vetoed a separate Many lawmakers, including Rep. Bill Kuisle duce the steps required to obtain bill earlier in the session that would have (R-Rochester) and Rep. Bernie Lieder (DFL- disability license plates. allowed evidence of seat belt use in cases where The law will affect anyone who Crookston), introduced bills that would change Signed an equipment failure was alleged. That veto by the applies for a set of disability license the rate and schedule of the motor vehicle regis- governor was eventually overridden by the Legislature. tration tax and constitutionally guarantee enough plates for a vehicle that has been modified for permanent use by a person with money for transportation needs. New deadline for banks Kuisle’s bill (HF446) made it out of the a disability. House Transportation Finance Committee, It will do away with a requirement that A new law will close a legal loop- but stalled in the House Taxes Committee. people must provide additional proof of their hole that can cause car dealerships The Senate also had a similar plan, which disability by a physician’s statement or other to break the law. means to obtain the special license plates. likewise did not make it to a floor vote. Signed The law will decrease the amount In the end, a reduction in the state income Rep. Doug Stang (R-Cold Spring) and Sen. by the governor of time banks are allowed to release tax won out over lowering the motor vehicle Michelle Fischbach (R-Paynesville) sponsored a title after a car is paid off. Under registration tax. Citizens hoping for a cut in the legislation. current law, banks have 15 days to do so. The tab fees will have to stay tuned until next year. HF165/SF460*/CH25 new provision, effective Aug. 1, reduces that to seven days when the cars are sold by most Slowdown on town roads Commuter rail study types of auto dealerships. Under the present system, car dealers have A new law effective Aug. 1 will re- A bill passed May 15 by the House would only 10 days to transfer titles to buyers after a duce speed limits in residential ar- make several changes to laws governing the vehicle is sold. This can be a problem when eas of rural townships. operations of the Minnesota Department of dealers need to obtain titles from a bank. If the Transportation. Signed The law will set a speed limit of 30 bank takes longer than 10 days, the dealer’s by the The measure would put into law a planning governor miles per hour on town roads that deadline has not been met and they break the run through residential process for a commuter rail system, if law- law. Rep. Bill Kuisle (R-Rochester) is sponsor- developments. makers decide to go forward with such a ing the measure, which would require banks Under existing law, many of those roads have project. The bill (HF1551/SF1762*), spon- to release a title within seven days for new and limits of 55 miles per hour. The roads currently sored by Rep. Tom Workman (R- used auto dealerships and leasing companies. do not qualify for a lower speed limit because Chanhassen), awaits action by the governor. The law also includes a change in state law they do not pass through areas that meet the Under the bill, the commissioner of trans- regarding the mounting of television screens state’s current definition of an urban district. portation would be required to adopt a plan in motor vehicles. That provision, effective In an urban district, the speed limit is 30 for commuter rail, a system that uses passen- May 8, allows television screens in any place miles per hour where buildings are within 100 ger cars on existing freight railroad lines. The except where visible by the driver of an auto- feet of each other. transportation department has been studying mobile. The new law, sponsored by Rep. Tom Work- how the system would work in the Twin Cities Under the new law, Minnesota dealers will man (R-Chanhassen) and Sen. Janet Johnson area for the past two years at the direction of now be able to sell the Oldsmobile Silhouette (DFL-North Branch), creates a separate defi- the Legislature. minivan. The van’s television screen previ- nition for rural residential districts, allowing A master plan for the region’s transit system ously did not fit state law, which restricted the reduced speed limit when houses are within would be required by the Metropolitan Coun- screen mounting to a space specifically behind 300 feet of each other for a distance of at least cil. The bill calls for that plan to be completed the driver. one quarter of a mile. by Feb. 1, 2000, when the Legislature Sen. Dallas Sams (DFL-Staples) sponsored HF1265/SF1150*/CH44 reconvenes. the legislation in the Senate. The bill also would update many provisions HF790/SF778*/CH131 Blue lights on bikes of current state law, such as allowing 18-year- olds to drive 3,500-gallon petroleum tankers. Exception for milk trucks A new law effective April 13 allows It also would raise to $150,000 from $75,000 motorcycles to display blue rear the amount above which the department must A new law eases restrictions on milk brake lights. go through the competitive bidding process for haulers. Until 2003, vehicles carry- Previously, only emergency ve- ing milk will be exempt from sea- Signed construction projects. That provision would al- by the hicles, snowplows, and road main- sonal road restrictions and the governor low the department to act quickly on emergency Signed tenance vehicles could display a road repairs because time is saved by not having by the state’s 5-ton per axle weight limit. governor blue light. to go through the bidding process. The seasonal weight restrictions, Proponents of the new law said the blue Lawmakers briefly used the bill as a vehicle in effect statewide from March 20 to May 15 lights would improve safety for motorcycle for a proposal to modify the seat belt gag rule, each year, are designed to prevent costly wear riders by increasing the visibility of their ve- a measure that says evidence regarding seat and tear on roads that can be caused by heavy hicles on the road. belt use is not admissible in court. A provision vehicles. But the springtime restrictions often Rep. Sherry Broecker (R-Vadnais Heights) concerning the admissibility of motorcycle put milk transporters in positions where they and Sen. Steve Murphy (DFL-Red Wing) helmet use in court cases was also once part of are breaking the law. sponsored the measure. the bill. However, both of those proposals The law exempts milk carriers from the HF766*/SF739/CH35 weight restrictions from one point of

May 21, 1999 / SESSION WEEKLY 47 production to the first processing point. Sub- fines of at least $1,000 for drivers and up to sequent trips are not covered under the mea- $10,000 for employers who knowingly violate VETERANS sure, which in turn prevents haulers from out-of-service orders. carrying many farmers’ loads at one time. Rep. Tom Workman (R-Chanhassen) and Drive to honor veterans The law allows carriers to exceed restric- Sen. Charles Wiger (DFL-North St. Paul) spon- tions by 2 tons per axle on roads with restric- sored the legislation. A new law will honor veterans in tions of 5 tons per axle. Rep. Al Juhnke HF1046/SF1324*/CH93 Otter Tail County. (DFL-Willmar) and Sen. Dean Johnson (R- The law, effective Aug. 1, desig- Willmar) sponsored the legislation. Signed nates a portion of Minnesota High- by the way 59 running through the county HF1641/SF1645*/CH154 Steel storage tanks governor as “Otter Tail Veterans Memorial Gov. Jesse Ventura signed a law Drive.” that will change fuel storage tank Rep. Bud Nornes (R-Fergus Falls) and Sen. Trucking regulations ditched specifications for the Minnesota Cal Larson (R-Fergus Falls) sponsored the Signed Department of Transportation. legislation. A new law will eliminate a registra- by the governor Effective Aug. 1, the measure will HF1986/SF1888*/CH42 tion requirement for two types of require the department’s specifi- vehicles. cations to allow for steel storage tanks, in Signed Effective Aug. 1, drivers of trucks addition to the fiberglass tanks already used by the governor whose taxes are based on their by the agency, to store fuel underground. weight listed on license applica- Rep. Torrey Westrom (R-Elbow Lake) spon- Where to find tions and trucks traveling through the state sored the bill on behalf of some steel tank information that need one-way permits will no longer have manufacturers who said the department’s to apply in writing to the Minnesota specifications were shutting them out of the House Public Information Office Department of Public Safety. bidding process. 175 State Office Building Alice Gonzalo, assistant director of the (651) 296-2146 or 1-800-657-3550 Under the new law, the steel tanks would The House Public Information Office is a department’s Driver and Vehicle Services Di- have to meet standards set by the Minnesota nonpartisan office that provides committee vision, said the two categories are the only Pollution Control Agency and the U.S. Envi- meeting schedules; legislator information; and ones left that require written applications. She ronmental Protection Agency before the de- publications, including the Session Weekly said the requirements will be lifted to make it partment could use them. newsmagazine, educational brochures for all easier for the department to implement elec- Sen. Steve Murphy (DFL-Red Wing) spon- ages, and member directories. All informa- tronic registration, such as by fax or the sored the legislation in the Senate. tion is available at no charge. Internet. HF528*/SF1259/CH88 Most of what this office publishes can be Rep. Rod Skoe (DFL-Clearbrook) and Sen. viewed on the Legislature’s World Wide Web Carol Flynn (DFL-Mpls) sponsored the page. To connect, point your web browser at: measure. http://www.leg.state.mn.us HF1507/SF1600*/CH70

Legislative lunker Penalties for trucking violations A new law effective April 1, 2000, will increase penalties for drivers who use trucks that have been or- dered out of service. Signed by the An out-of-service order means governor that a truck is damaged or defective and cannot be driven until repairs are made. Under current law, penalties for driving such a vehicle involve fines for drivers and their employers. The impetus for the new law was a potential loss of some federal highway dollars if the state did not step up its penalties. Under the law, drivers will be disqualified from driving commercial motor vehicles for 90 days after the first offense. A second offense in five years will disqualify drivers for one to five years, and a third offense within five years will result in three to five years’ disqualification. Rep. Bill Haas threw out a line in the House chamber to mark the state’s May 15 opening of the In addition, the Minnesota Department of fishing season, and he got a nibble from Rep. Chris Gerlach as lawmakers continued Transportation will be required to impose to work toward adjournment.

48 SESSION WEEKLY / May 21, 1999 Mattress tags were no joke to 1920s investigators There are many tired gags about those tags are, in whole or in part, new or second-hand, that come attached to mattresses and the threat and the quality of the materials used.” And of criminal penalties for people who dare to such tags were required to be “securely remove them. attached” to each mattress. And it’s a stretch to imagine a line about In 1923 and 1924, the state inspected thou- “The Mattress Police” getting even a polite sands of mattresses, according the report. More chuckle. than 3,000 mattresses were found to be incor- But 75 years ago, enforcement of the state’s rectly labeled as to the materials they con- so-called “mattress law” was no laughing mat- tained. The report also noted that “other ter. A 1925 report to the Legislature detailed defects” were discovered and that inspections efforts by the Industrial Commission of Min- should continue to protect the public against nesota to investigate reported violations of “the questionable practices of some unscru- laws related to the manufacture and sale of pulous manufacturers and dealers.” mattresses. State law still includes mattress-related pro- At that time, the law included several provi- visions designed to protect consumers. In fact, sions related to mattresses. The law said that there are several such sections in statute that anyone who manufactured, delivered, or sold fall under the heading of “bedding.” a mattress that was not “properly branded or Current law prohibits hospitals from selling labeled” was guilty of a misdemeanor. Viola- second-hand mattresses and includes language tors faced a maximum penalty of a $500 fine nearly identical to that which 75 years ago Inspections conducted 75 years ago helped state and six months in jail. officials discover thousands of violations of state prohibited the re-use of materials from hospi- The same penalty awaited anybody who laws related to mattresses. State law continues to tal bedding or bedding otherwise exposed to removed, concealed, or defaced a label on a require tags to be attached to any mattress to be any person with a contagious disease. mattress they intended to offer for sale. offered for sale. State law today includes other provisions The law also protected against the manu- Cloth tags were required to contain “in that dictate how bedding materials can be facture of mattresses including cotton or any plain print in the English language, a state- reconditioned to ensure consumer safety. other material that was recycled from bedding ment of the material used in the manufacture And, yes, current state law mandates that no used in a hospital or in any way exposed to a of such mattresses, whether such materials person can make or sell any “article of bed- person with an infectious disease. ding,” unless the product is properly labeled.

Continued from page 4 The House approved a management plan served non-consecutive terms (1976-78, 1983- that would have allowed trapping and hunt- 90), he should be allowed two separate minor’s decision to have an abortion without ing of wolves the first January after the animal portraits. parental consent. is removed from the list. The Senate couldn’t The Capitol Area Architectural and Plan- All three provisions were removed by the come to an agreement. And the bill will have ning Board, in conjunction with the Minne- conference committee. That didn’t sit well to wait until next year. sota Historical Society, recommended that with some House members who attempted Federal wildlife officials have said the lack gubernatorial portraits contain only one sub- unsuccessfully in the last few hours of session of a state plan could delay the removal of the ject and that only one per governor would be to send the bill back to conference committee. animal from the list. The issue may eventually allowed. The much talked-about proposals to lower be forced into the courts. However, the 1998 Legislature relented and the motor vehicle registration tax, or license granted the Perpich family another portrait, tab fee, also did not move forward this session. on the condition that it be paid for with pri- The governor had tab-fee reduction as a key vate funds. The new portrait, an oil painting of element of the tax reduction plan in his budget Continued from page 4 both Rudy and Lola Perpich, will replace the recommendations. After the first year, the rate current one depicting Perpich standing in front would have been capped at $75 — effectively nature of the painting, which has become of a background of an open-pit mine in providing $200 in tax relief annually, accord- something of a final statement after leaving Minnesota’s Iron Range, also symbolizing the ing to the governor. office, O’Sullivan said. late governor’s hometown. Although similar plans passed through In 1991, Gov. Rudy Perpich’s request for a O’Sullivan said a long-range plan of the House and Senate transportation commit- second portrait prompted the state to recon- historical society is to possibly move the por- tees, a reduction in the state income tax won sider some of its policies regarding official traits around the Capitol, locating them on all the war of priorities in both bodies. gubernatorial portraits in the Capitol floors. And the lamp posts could be moved Lawmakers also failed to reach an agree- building. back to their original spots, where Gilbert had ment of a wolf management plan. The gray Perpich had asked that a photograph of him placed them. wolf, or timberwolf, is scheduled to be re- and his wife Lola touched up with oil paint be moved from the federal endangered species hung in the Capitol, in addition to a portrait list next year. already hanging. Perpich argued that since he

May 21, 1999 / SESSION WEEKLY 49