BRIEFLY The Minnesota Senate Week in Review May 5, 1995 Bonding bill approved A $37.8 million emergency capital budget bill was assembled and approved Weds., May 3, by the Finance Committee, chaired by Sen. Gene Merriam (DFL-Coon Rapids). The measure, to be introduce as a committee bill, was sent to the Senate floor. Merriam presented a draft of the capital budget proposal, authorizing the sale of $12.8 million in bonds for capital projects. He said the projects contained in the proposal are either emergency needs or respond to "windows of opportunity" for particular projects. The proposal includes an allocation of $5.2 million to the Dept. of Natural Resources for acquisition of the land around Eagle Creek in Scott County. Merriam said the land acquisition proposal will preserve the last remaining natural trout stream in the seven-county Metropolitan Area. Among the other projects provided in the measure is a $3 million appropriation to the Dept. of Transportation for repair of the Wabasha Street bridge in St. Paul and another $2 million for renovation of office space in the State Capitol. Additional bond allocations, ranging in size from just over $100,000 to $700,000, are provided to complete projects authorized in previous capital budget bills. The total appropriations in the bill grew in size as members considered a number of amendments to the proposal. Sen. Thomas Neuville (IR-Northfield) offered an amendment to awarded a $9.7 million maximum effort school loan to the Big Lake School District. Sen. Mark Ourada (IR-Buffalo), in presenting the request, said the district's loan request has been presented to the Legislature in each of the last three years. Even though the district has built the school that was proposed when their loan request was first submitted, Ourada said the need for the loan remains. Joined by Big Lake school officials, he explained that a balloon payment on the short-term loan used to finance the construction of a new school will be due this fall. The maximum effort allocation, Ourada said, would permit the district to repay the short-term loans while refinancing the new school. Merriam said he said the proposal raised two issues. The first issue was whether the request requires legislative action. The second issue, he said, is whether the members should feel encumbered by recommendations made in previous years. The committee agreed with Ourada's arguments and adopted the Neuville amendment. The members also adopted another maximum effort loan request, presented by Sen. Tracy Beckman (DFL-Bricelyn). The amendment authorizes a $6.9 million loan to the Kelliher School District for the construction of a new school. The appropriation to the Dept. of Transportation included $500,000 for bridge work in addition to the Wabasha Bridge project, and Sen. Keith Langseth (DFL-Glyndon) proposed increasing that amount to $5 million. He said the funding would help the department respond to additional bridge repair projects, and his motion was adopted. Sen. Cal Larson (IR-Fergus Falls) sponsored an amendment to provide the City of Parkers Prairie with a $1 million grant. The funds will be used to replace the buildings damaged by a propane gas explosion earlier this year. The amendment was approved. An amendment, providing $900,000 for the purchase of land adjacent to the Metropolitan State University campus in St. Paul, was offered by Sen. Randy Kelly (DFL-St. Paul) and also approved. Sen. LeRoy Stumpf (DFL-Thief River Falls) presented an amendment, removing one parcel from the Eagle Creek land acquisition proposal and reducing the total allocation to $2 million. Officials from the City of Savage testified in favor of the proposal, arguing that the public acquisition will remove land from the tax rolls. Sen. Terry Johnston, author of the original proposal, opposed the amendment, saying it would go against a compromise that was reached by all the concerned parties. The amendment was rejected. A number of other amendments, clarifying provisions contained in the 1994 capital budget bill, were also adopted before the measure was approved. In other business, the members approved a bill providing for increases in the state's tort liability limits. S.F. 230, authored by Kelly, raises the amount an individual can receive from a claim against the state or a local unit of governments to $300,000. The maximum award for any number of claims stemming from a single incident is set at $750,000 after Jan. 1, 1996, and that limit is increased to $1 million on Jan. 1, 2000. The measure now goes to the Senate floor. A bill creating the Metropolitan Livable Communities Fund was amended and approved. Under S.F. 1019, presented by Sen. Ted Mondale (DFL-St. Louis Park), the fund is created by reallocating the levy authority held by the Metropolitan Mosquito Control Commission. The funds generated through that reallocated levy will be used to support development of low-income housing in the Metro Area. The panel adopted an amendment, offered by Sen. Dennis Frederickson (IR-New Ulm), establishing an Economic Vitality and Housing Initiative. Under the initiative, the Housing Finance Agency will provide funds for affordable housing projects that are linked to local communities' economic development efforts in both the Metro Area and in Greater Minnesota. The measure now goes to the floor. Frederickson also presented S.F. 875, increasing the amount of bonds that may be sold by the Public Finance Authority from $350 million to $450 million. He also offered an amendment excluding bonds sold to finance refunds on previous-sold bonds from the limit. The amendment was adopted and the bill was approved. The measure was sent to the floor. S.F. 1562, authored by Sen. Roy Terwilliger (IR-Edina), was also approved by the committee. Under the measure, once the sale of state bonds is authorized, those bonds must be sold within seven years. If they are not sold within that period of time, the authorization expires. U of M Regents chosen The Senate met in a joint session with the House of Representatives to vote on candidates for four six-year seats on the University of Minnesota Board of Regents. Warren Larson of Bagley and Patricia Brandt Spence of Willmar were chosen for the two at-large positions at the Weds., May 3, session. Incumbent and Board Chair Jean Keffler was selected for the Fifth Congressional District seat. Jessica Phillips, a student at the University of Minnesota-Morris, was chosen for the Student At-large seat on the board. Both Keffler and Phillips were nominated by the Senate and House Education Committees earlier in the week. The joint committee had nominated Spence and Richard McNamara of Edina for the two at-large positions. Spence received the most votes with 121 out of 200. Larson received 102 votes and McNamara received 100. Committee Capsule Crime Prevention Parkers Prairie emergency Members of the Crime Prevention Finance Division met Tues., May 2, to consider an emergency bonding request for Parkers Prairie. The city suffered millions of dollars in damages from an explosion caused by vandalism and is seeking state help to replace some of the city's buildings. Sen. Cal Larson (IR-Fergus Falls), carrying the request in S.F. 1676, outlined some of the city's needs, including replacement of the fire hall, the city hall, and possibly the water tower. A total of 13 buildings have been razed since the Apr. 2 incident. All of the city's fire equipment and trucks were destroyed. No one was injured in the blast. Gary Anderson, mayor of Parkers Prairie, described the incident as overwhelming for the city of 900 residents. He said that despite help from neighboring communities and other cities across the country, the city cannot rebuild itself on its own. John Molinaro of the West Central Initiative Organization, which is helping the businesses rebuild with low-interest loans, also testified at the meeting. Molinaro said the city's insurance was not enough to cover replacement of the buildings; mainly because of their age, coverage was for the buildings' market value only. The fire equipment also was "grossly under-insured" because much of it was used or rebuilt, he said. Judy Rude of the Dept. of Public Safety Emergency Management Division said the city also does not qualify for federal disaster assistance. The definitions of disaster have changed, she said, and the community needs to show it has exhausted state resources as well as its own. Molinaro said if the state would help the city through emergency bonding the total would be $1.2 million, which includes $310,000 for the fire hall replacement, $40,000 for land acquisition, $250,000 for the water tower, and $540,000 for the city hall. Larson said the request is unique but reminded the division that the state helped two high schools after they had suffered severe damage from vandals. After minimal discussion, the division passed the request to the full Finance Committee for consideration with the bonding bill. Education Regents nominated Four candidates were nominated for positions on the Board of Regents of the University of Minnesota at a joint meeting of the Senate and House Education Committees, Mon. evening, May 1. The recommendations will be placed before legislators when they meet in joint session May 3. Jean Keffeler, the current chair of the Board of Regents and the only incumbent seeking reappointment to the board, won the committee's nomination for the Fifth Congressional District seat. Members selected Keffler on the first ballot over Michael Vekich. Jessica Phillips, a student at the University of Minnesota- Morris, was nominated by the committee for the Student At-Large seat on the board. Cecil Smith, a student at the Minneapolis campus, was also considered. Two other At-Large positions were open and the members nominated Richard McNamara of Edina and Patricia Brandt Spence of Willmar for those posts. McNamara won the nomination on the first ballot while Spence received the second endorsement on the fourth ballot. Also considered for the At-Large seats were Warren Larson of Bagley, Emily Staples Tuttle from Wayzata and Bilone Whiting Young of St. Paul. Finance MinnesotaCare bill amended A $270 million appropriation was added, but the penalties for not carrying health insurance were removed, when the Finance Committee took up a MinnesotaCare program bill on Thurs. evening, Apr. 27. The committee, chaired by Sen. Gene Merriam (DFL-Coon Rapids), also recommended the confirmation of Laura King as Commissioner of Finance and approved two bills, both of which require state agencies to refund license fees if the licenses are not issued within six weeks. S.F. 845, presented to the members by its authors, Sen. Linda Berglin (DFL-Mpls.) and Sen. Sheila Kiscaden (IR- Rochester), modifies a number of provisions of the MinnesotaCare program. The measure expands the eligibility requirements, to include individuals from households without children and who are below 150 percent of the federal poverty level. The bill also establishes a prescription drug benefits program for low-income Medicare beneficiaries and a program to help senior citizens receive reasonably-priced prescriptions. As an incentive to get insurance, the bill allows the Dept. of Health to issue a $100 fine to individuals for failing to buy health insurance. The proposal also raises the fine to $200 in FY 1998 and $400 in FY 1999. The members adopted an amendment, offered by Sen. Pat Piper (DFL-Austin), to appropriate $89.9 million in FY 1996 and $156.2 million for FY 1997 from the Health Care Access Fund (HCAF) to the Dept. of Human Services for MinnesotaCare. Another $13.9 million is allocated over the biennium to the Dept. of Health from the HCAF and a special revenue fund to support integrated service networks. The amendment also includes biennial appropriations of $4.7 million to the University of Minnesota for rural and primary care physician programs, $2.7 million to the Dept. of Revenue to monitor the provider tax, $1.7 million to the Higher Education Coordinating Board for a loan forgiveness program. Sen. Roy Terwilliger (IR-Edina) presented an amendment reducing the eligibility level for households without children to 125 percent of the poverty level. He maintained that expanding the eligibility may force MinnesotaCare into a deficit over the next biennium. "The law requires the program stay in the black," he said, "It is irresponsible to raise the expectations of those who would qualify when the funds may not be there." But Sen. Tracy Beckman (DFL-Bricelyn) raised a concern that the amendment could have an impact on other funds in the state budget. "Couldn't the costs for caring for those individuals show up elsewhere in the budget if they end up on Medical Assistance?" he asked. The committee rejected the amendment. Another amendment, also offered by Terwilliger, eliminates the penalty on individuals who can afford, but do not buy, health insurance. He argued that the state should not be requiring people to buy insurance. But both Berglin and Kiscaden disagreed. "We're trying to make the world a more responsible one by encouraging [those who could be penalized] to do the right thing," said Berglin. "If we are saying that a person has a right to health insurance," Kiscaden added, "then we are also saying they have a responsibility to obtain insurance." On a roll call vote, the amendment was adopted, 9-7. Members also adopted an amendment, offered by Sen. Phil Riveness (DFL-Bloomington), requiring third party regulators to itemize the charges being billed. He said the amendment will provide information that companies were not otherwise receiving. But Berglin opposed the provision, saying it would add administrative costs. S.F. 845 was approved and sent to the Senate floor. For the second time this session, the committee recommended the Senate confirm the appointment of Laura King as Commissioner of Finance. King's appointment was reconsidered earlier in the week as the panel discussed an adjustment to the revenue forecast for the coming biennium. On Apr. 11, the governor announced an $91 million upward adjustment in the forecast. Members had questioned King about the cause for that adjustment and how information on that adjustment was released. Merriam apologized to King for "some intemperate remarks" and King, in turn, told the committee "had I to do it over again, I would do several things differently." She said that she remains "absolutely" committed to maintaining the accuracy and quality of the forecast and budget figures. "I intend to continue to carry out my responsibilities in good faith," she said. Sen. Dean Johnson (IR-Willmar) moved the committee recommend King be confirmed as commissioner, and the members voted to place the recommendation before the full Senate. Members also approved two measures requiring applicants for state licenses to receive a refund of their fees if those licenses are not issued within six weeks. Under S.F. 537, the Dept. of Public Safety has six weeks to issue driver's licenses. S.F. 538, requires other state agencies to issue their licenses within six weeks. Sen. Steve Murphy (DFL-Red Wing), author of both measures, said they are the state's money-back guarantee to its residents. The members adopted two amendments to S.F. 538, offered by Sen. Phil Riveness (DFL-Bloomington). The first exempts licenses that are processed according to a timetable prescribed in law. The second amendment exempts licenses that require an inspection of an open body of water before approval. A third amendment to S.F. 538, represented by Sen. Steven Morse (DFL-Dakota), was also adopted. In the amendment, an agency issuing a refund must still issue a license. Both measures were approved and sent to the Senate floor. Several other bills were approved and sent to the Senate floor. The committee amended and approved S.F. 579, a measure providing for additional regulation of small charitable organizations. The panel adopted an amendment, sponsored by Sen. Randy Kelly (DFL-St. Paul), appropriating $150,000 in FY 1996 and FY 1997 to the Office of the Attorney General, which is responsible for oversight of charitable organizations. H. F. 1037, sponsored by Sen. Don Betzold (DFL-Fridley), gives the Dept. of Health the authority to adopt rules on the maintenance, design and installation of public swimming pools. The bill also allows the department to prepare rules on fee collections. Sen. Terry Johnston (IR-Prior Lake) presented an amendment permitting the department to collect fees every two years instead of on an annual basis. The amendment was adopted and the bill was approved. Amendments to the state's Data Practices Act, contained in S.F. 1279, were presented to the committee by Sen. Harold "Skip" Finn (DFL-Cass Lake). The members, on a motion by Sen. Tracy Beckman (DFL-Bricelyn), removed provisions requiring appropriations and approved the bill. Two other environmental bills were given the committee's approval. S.F. 462, authored by Sen. Janet Johnson (DFL-North Branch), provides a cost-sharing program for the clean-up of motor vehicle salvage yards. The bill also requires the Pollution Control Agency to collect and dispose of mercury switches taken from motor vehicles. S.F. 1362, sponsored by Sen. Bob Lessard (DFL-Int'l. Falls) and presented to the committee by Morse, enacts the recommendations of the Forestry Generic Environmental Impact Statement Roundtable. The sustainable agriculture programs in the bill, said Morse, are funded by appropriations provided in the previously-adopted environmental and natural resources omnibus funding bill. Workers comp bill approved A proposal modifying the state's workers compensation program was amended and approved, Fri., Apr. 28, by the Finance Committee, chaired by Sen. Gene Merriam (DFL-Coon Rapids). The measure, S.F. 1020, was sent to the Senate floor. The workers compensation proposal "will end a lot of the debate that has saturated us for a decade," said Sen. Steven Novak (DFL-New Brighton), the bill's author. He said the measure provides litigation reform, eliminates the two-tier compensation system, and strengthens fraud prevention. The measure also begins compressing the costs of workers compensation, "but we're not doing it exclusively in benefits," Novak said. Sen. Don Samuelson (DFL-Brainerd) offered an amendment adding appropriations to the measure. The amendment includes biennial allocations of $2.18 million from a special compensation fund to the Dept. of Commerce. Novak said the appropriation will be used to support a system of prior approval managed by the department. Another $300,000 for the biennium is earmarked to support a Small Business Workers Compensation Safety Pilot Project. An additional appropriation of $210,000 is given to the Attorney General's Office for fraud prevention activities and $200,000 is awarded for a Small Business Injury and Illness Prevention Survey to be conducted by the University of Minnesota. The Dept. of Labor and Industry also receives a $287,000 appropriation to support its responsibilities under the bill. The amendment was adopted and S.F. 1020 was approved. A second bill authored by Novak was laid over for further discussion. S.F. 1186 modifies the eligibility requirements for programs managed by the Housing Finance Agency. The bill changes the age limits for participation in the family homeless prevention and assistance program. The bill also adjusts the income level required for participation in the rental housing program. Families will be eligible for the program if their income is 80 percent of the state median income level. Under the new requirement, Tonja Orr of the Housing Finance Agency said about 13,000 families will be eligible for the program. Novak said the allocations to support the program are included in a previously-adopted community development omnibus bill. While S.F. 1186 does not include any additional appropriations for the program, Merriam raised concerns about the costs associated with the change. "These are the kinds of changes that drive social services costs," he said. The measure was set aside until the fiscal impacts could be determined. A proposal exempting late-model automobiles from the Metropolitan Area auto emissions testing program was amended and adopted. H.F. 2, sponsored by Sen. James Metzen (DFL-South St. Paul), exempts vehicles for up to five years after their model year from the emissions testing program. Metzen said the bill will exempt more than 400,000 Metro Area vehicles from the testing requirement when the measure takes effect on Aug. 1. "Some would like to eliminate the program all together," said Metzen, "but I think this is a reasonable compromise." Sen. Steven Morse (DFL-Dakota) offered two amendments to the bill that the committee adopted. The first amendment calls on the Pollution Control Agency to ensure that by July 1, 1998, the Metro Area is in compliance with the Clean Air Act. The amendment also requires the agency to recommend if the emissions program should continue once compliance is achieved. The second amendment clarifies that a vehicle need not be inspected until its registration five years after the vehicles' model year. H.F. 2 was approved and sent to the Senate floor. Also approved was S.F. 1089, authored by Sen. Arlene Lesewski (IR-Marshall), exempting certain highways, freeways and expressways from noise limits. The measure also requires the Dept. of Transportation to conduct a noise abatement study, contingent on the availability of funds, and allows the fines handed out for speeding in a construction zone to be deposited in the trunk highway fund. Sen. Pat Piper (DFL-Austin) sponsored an amendment allowing the fines to continue to be placed in the general fund. The amendment was adopted and the bill was approved. S.F. 1089 was sent to the floor for further consideration. Sen. John Marty (DFL-Roseville) presented S.F. 339 to the committee. The measure requires the Board of Ethical Practices to provide advisory opinions to local governments on their conformance to the state's ethics laws. After discussing the financial impact of the proposal, the bill was approved and sent to the floor. Several bills advance The Finance Committee, chaired by Sen. Gene Merriam (DFL- Coon Rapids), approved several bills at its Sat., Apr. 29 meeting. The first of two bills carried by Sen. Ted Mondale (DFL- St.Louis Park), S.F. 467, was approved and re-referred to the Taxes and Tax Laws Committee. The measure provides for coordination and consolidation of public safety radio communications system. "This will create an infrastructure, a shared backbone system that will enable communities to talk to one another," Mondale said. With increasing demand, and just 90 channels left in the Twin Cities, he added "this is really the last chance we have here to do this." Sen. Carl Kroening (DFL-Mpls.) objected to the bill, saying, "we just don't need this system." Kroening added that a common communication system for local authorities would be not only unnecessary, but also expensive. The bill authorizes temporary funding through the use of 911 emergency telephone service fees, a total of $293,000 for FY 1996. S.F. 1314, a bill that modifies provisions relating to the voluntary investigation and cleanup of contaminated sites, was approved by members and sent to the full Senate. Also authored by Mondale, the pilot project encourages businesses to voluntarily review their practices and implement necessary changes before the Pollution Control Board becomes involved in a clean-up project. "This bill sets up a bridge between the agency (PCA) and the regulated community," Mondale said. Gordon Weber, a representative from the PCA testified in support of the measure. He told members that since the project is completely voluntary, the agency doesn't know how many businesses will participate. Mondale said, "most want to comply, but it's complicated, especially for small and medium sized businesses." S.F. 1122, a bill that establishes a program for funding response actions to address environmental contamination from drycleaning facilities, was approved by the committee. Authored by Sen. Bob Lessard (DFL-Int'l. Falls), the measure does not apply to a number of businesses including coin-operated drycleaning outlets, facilities on military bases, uniform services or linen supply operations, penal institutions, or facilities on the national priorities list established under the Federal Superfund Act. Lessard outlined the fee schedule contained in the bill. An owner or operator of a facility with up to four employees is required to pay $500 to the commissioner of revenue, those with five to 10 employees must pay $1000, and facilities with more than 10 employees are required to pay $1500. Lessard pointed out that individuals or entities that sell drycleaning solvents are also required to pay fees of $3.50 for each gallon of perchloroethylene sold, and 70 cents for each gallon of hydrocarbon-based drycleaning solvent sold. An amendment offered by Merriam, appropriating $29,000 from the general fund to cover administrative costs, was adopted. The bill now goes to the floor. Sen. Sheila Kiscaden (IR-Rochester) presented H.F. 1246, a bill that requires child care for school age children, operated by someone other than a school, be licensed. An amendment appropriating $60,000 for 1996, and $50,000 for 1997 was adopted before the committee approved the measure and sent it to the full Senate. Sen. Deanna Wiener (DFL-Eagan) presented S.F. 877, a bill that clarifies laws relating to building codes and zoning laws. "The purpose of the bill is the establishment of a special revenue fund in statute," Wiener said. "This is so we can have consistent enforcement and interpretation through-out the state." Merriam expressed concerns about setting fees in statute, but Wiener told members that the measure allows for a review every two years. "We still have some flexibility," Wiener added. S.F. 255, a bill that regulates elevator mechanics, was approved and re-referred to the Rules Committee. Sen. Paula Hansen (DFL-Ham Lake), the bill's author, told members that inspectors pay $1000 in fees, yet receive no services for that money. A bill that extends the sunset date on the farmer-lender mediation act, S.F. 429, authored by Sen. Steven Morse (DFL- Dakota) was approved and sent to the full Senate, as was S.F. 1551, Sen. Janet Johnson's (DFL-North Branch) bill concerning agriculture resource development grants. Other bills approved and sent to the floor include S.F. 217, authored by Sen. Richard Cohen (DFL-St. Paul). The measure clarifies child support payments. Amended onto Cohen's bill was Sen. Ember Reichgott Junge's (DFL-New Hope) measure, S.F. 604, a bill related to supervised visitation facilities. Two bills authored by Sen. Phil Riveness (DFL-Bloomington), S.F. 503, a bill related to the accounts receivable project, and S.F. 1246, a government reform bill, were okayed by members and sent to the full Senate. A number of other bills were also sent to the Senate floor. S.F. 900, authored by Sen. Pat Piper (DFL-Austin), changes licensing requirements for foster care, adds provisions for drop- in child care programs adds provisions for the Minnesota Family Preservation Act and expands eligibility for Indian child welfare grants. S.F. 512, authored by Sen. Allan Spear (DFL-Mpls.), makes a number of changes to the Vulnerable Adults Reporting Act. S.F. 1103, authored by Sen. Jane Ranum (DFL-Mpls.), folds a number of existing programs into a new Children, Families and Learning Department. S.F. 1136, sponsored by Sen. Don Betzold (DFL-Fridley), a Dept. of Human Services technical bill makes a variety of changes to laws dealing with mental health services, paternity and child support. S.F. 1406, carried by Sen. Roy Terwilliger (IR-Edina), is the compensation council salary recommendations bill. S.F. 871, carried by Sen. John Hottinger (DFL-Mankato), revisees the procedures for the adoption and review of state agency rules. H.F. 617, sponsored by Sen. Leroy Stumpf (DFL-Thief River Falls), is one of the omnibus pension bills and relates primarily to higher education pension plans. H.F. 493, authored by Sen. Lawrence Pogemiller (DFL-Mpls.), is another omnibus pension plan bill and relates to various public employee pension plans. H.F. 446, sponsored by Sen. Dallas Sams (DFL-Staples), provides for licensure for acupuncture practitioners by the Board of Medical Practice. Metropolitan and Local Government Metropolitan Council confirmations Members of the Metropolitan and Local Government Committee met Thurs. evening, Apr. 27, to confirm Metropolitan Council appointees. The 17 names submitted by the governor include Charles Arnason, Terrence Flower, David Hartley, Martha Head, Kevin Howe, Curtis Johnson, Carol Kummer, Patrick Leung, Esther Newcome, Neil Peterson, Roger Scherer, Bill Schreiber, Julius Smith, Mary Smith, Stephen Wellington, Jr., Barbara Butts Williams, and Diane Wolfson. Johnson, the new chair of the Met Council commented briefly on the goals and challenges the group faces under the new reorganization. "Now, more than ever, it's important for us to work effectively and smoothly with a lot of different agencies and communities, to build relationships and work together," Johnson said. "You have our commitment to do so," he said. Sen. Carol Flynn (DFL-Mpls.) asked how the reorganization has effected the Met Council's operation thus far. "It's working very, very well," Johnson answered, "better than I would have expected." Appointee Bill Schreiber responded to Committee chair Jim Vickerman's (DFL-Tracy) question concerning the direction of the Met Council. Schreiber said that "excellent progress" has been made, especially in environmental areas. "There is a new direction which didn't exist two years ago, a cooperative direction." In the area of transit, however, Schreiber acknowledged "we have a ways to go." Appointee Mary Smith added that phase I of the transit redesign program has been completed, and that phase II is just about to begin. Vickerman expressed concern about giving approval to the five gubernatorial appointments who were absent from the meeting. "This is a very important position," Vickerman said, "and I don't want to send a message that indicates it's not." Sen. Carol Flynn (DFL-Mpls.) agreed with Vickerman. "I think they owe us an hour of their time to seek our support," she said. After lengthy discussion, members agreed to confirm all of the appointments, on the condition that those not present contact Vickerman. In the event that appointees fail to comply with the condition, their names will not be presented to the full Senate for confirmation. Taxes and Tax Laws Metro livability bill okayed A compromise metro livability bill gained the approval of the Taxes and Tax Laws Committee at a hearing Fri., Apr. 28. The panel, chaired by Sen. Douglas Johnson (DFL-Cook), also advanced several additional bills. The metro livability bill, S.F. 1019, authored by Sen. Ted Mondale (DFL-St. Louis Park), is the product of negotiations between various local governments and state agencies to meet regional housing and job needs. Mondale said the bill, agreed to by more than 30 Metro Area mayors provides a mechanism of the state and local governments to work together to clean up polluted lands in developed areas, fund innovative alternative development projects and provide for the creation of affordable and life cycle housing throughout the Metro Area. Sen. Edward Oliver (IR- Deephaven), helped present the bill and offered an amendment-- the Metropolitan Anti-poverty Plan--that had been contained in a separate bill. Johnson, though, said that the amendment might upset the budget process already in progress. Accordingly, Oliver withdrew the amendment. St. Paul Mayor Norm Coleman and Hennepin County Commissioner Mike Opat spoke in favor of the bill. Coleman said that although "30 mayors have come to agreement, unless we get a partnership with the state, it is not enough. We have a window of opportunity and this bill is the best vehicle." Opposition to the bill arose because the funding for the programs comes from appropriation cuts to the Metropolitan Mosquito Control Board. Members of the board argued against the decrease in funding because of the threat to public health posed by mosquitoes. Opponents argued that services would have to be cut if funding is decreased. The measure was approved and re-referred to the Committee on Finance. In other action, Senators failed to give approval to a bill raising the cigarette tax. S.F. 1080, authored by Sen. Sheila Kiscaden (IR-Rochester), raises the cigarette tax by 25 cents per pack and dedicates most of the increase to the Health Care Access Fund. At the same time, the bill lowers the health care provider tax from 2 percent to 1 percent. Members adopted an amendment specifying that after July 1, 1999, the provider tax would again be set at 2 percent. Debate on the bill centered on the argument that the bill represented an increase in taxes. Supporters of the bill argued that the bill was revenue neutral in that no new revenues were raised under the measure. However, the bill failed to gain approval on a voice vote. Four additional bills gained committee approval and were advanced to the full Senate. S.F. 1393, authored by Sen. Lawrence Pogemiller (DFL-Mpls.), is the annual public finance bill. The measure provides the conditions and requirements for the issuance of debt and the use of the proceeds. Much of the debate on the bill centered on a provision authorizing the use of capital improvement bonds for indoor ice arenas. Opponents argued that the state faces more pressing needs for scarce resources. Proponents countered that there was increasing pressure to build more ice sheets because of actions taken by the Legislature over the course of previous sessions. An amendment to require a referendum before issuing bonds for ice arenas was adopted. S.F. 1425, authored by Sen. Dallas Sams (DFL-Staples), provides for assessment of platted land located in a home rule charter or a statutory city that has a population of less than 5,000. S.F. 1303, carried by Sen. Phil Riveness (DFL- Bloomington), authorizes the formation of nonprofit corporations for the purpose of owning low and moderate income housing developments. S.F. 1451, sponsored by Sen. Linda Berglin (DFL- Mpls.), authorizes the city of Minneapolis to establish three additional special service districts within the city. Three bills were heard but laid over. S.F. 277, carried by Sen. Steven Novak (DFL-New Brighton), provides for the equalization of tax bases for governmental units throughout the Metropolitan Area. S.F. 211, carried by Sen. Janet Johnson (DFL- North Branch), provides a reduced class rate for certain commercial-industrial property. S.F. 1419, sponsored by Novak, modifies the sales factor for leases of mobile equipment that is used in more than one state. Taxes and Tax Laws Bills advance to floor Members of the Taxes and Tax Laws Committee, chaired by Sen. Douglas J. Johnson (DFL-Cook), convened and forwarded several bills to the floor Weds., May 3. One such bill was S.F. 277, authored by Sen. Steven Novak (DFL-New Brighton). The bill changes the Metropolitan Revenue Distribution Act contribution net tax formula to raise the contribution value of market values over $150,000. The amount is then redistributed among the metro municipalities. Novak explained that it "narrows the gap and reduces disparities between communities" in the Twin Cities. The proposal, which will benefit 83 percent of the Metropolitan Area, does not mandate increased property taxes. Al Hinkenberg, mayor of Blaine, supported the bill and explained that there is a growing mismatch between resource growth and problem growth - such as crime and poverty - in the suburbs. The bill addresses the need for better regional planning, he said. Sen. Edward Oliver (IR-Deephaven) opposed the bill, stating that it will have the effect of driving low-income residents out of middle- upper-class areas. The increase in taxes in these areas will force residents to move to areas with lower property taxes, he explained. The bill has serious policy implications, Oliver said. Glen Dorfman of the Minnesota Association of Realtors, seconded Oliver's concerns, stating that the bill will hasten the exodus of poorer people in certain suburbs. The bill gained approval on a voice vote. Novak offered another bill that was approved. S.F. 1419 changes the sales factor formula in movable property (such as airplanes) to require that the receipts from leases of the property be assigned to Minnesota "pro rata according to the portion of use in the state." The bill codifies language adopted by the Multistate Tax Commission. By assigning receipts to the location of the services, a more consistent apportionment is reached, Novak said. Currently, he explained, the factor formula is based on where the equipment is located. The bill simplifies and makes a more fair and sustainable formula, said Novak. The proposal derives from the experience of companies such, as Northwest Airlines, that lease airplanes to smaller lines, Novak continued. The state will see a revenue gain of $5.5 million annually due to the additional taxable income of financial institutions, he added. At the meeting, discussion continued on Novak's property tax proposal. S.F. 1505 changes property class rates to a seven- class system by keeping residential homestead rates static but adjusting farm homestead, rental residential, commercial and industrial property rates upward. A basic tax rate is established for each taxing jurisdiction, which is set equal to the percentage share that each authority's local tax rate represents of the total local tax rate within each unique taxing jursidiction (UTJ) for 1995 taxes. Novak reminded members that currently a 140 percent differential exists between class rates and effective rates. This dramatic problem would be reformed by the proposal, said Novak. He continued, noting that reforming the system to effective rates would result in a $880 million tax cut per year. In other action, the committee sent H.F. 1567 to the floor. The bill, sponsored by Sen. Lawrence Pogemiller (DFL-Mpls.), establishes investment restrictions for local governments. The bill reorganizes and recodifies current language and tightens investment powers regarding derivatives. Pogemiller explained that the impetus for the bill is the recent difficulties and bankruptcy of Orange County due to risky investments. Larger, more sophisticated investors are still permitted to make these investments, he noted, while requirements for public investors and disclosure of gains and losses serves to provide stop-gaps. Pogemiller offered an amendment specifying the oversight process and repurchase agreements required of cities and counties. Peter McLaughlin, Hennepin County Commissioner, said that the provision does not expand current authority and provides the county with additional returns from sound investment practices. The amendment was adopted. Earlier in the meeting, the committee sent S.F. 467 to the floor. Addressing the need for units of local governments to communicate, the bill funds a public safety radio system in the Twin Cities area. Sen. Ted Mondale (DFL-St. Louis Park), author of the bill, explained that existing channels are at full capacity and local governments need to pool together for better information-sharing. The proposals authorizes the Metropolitan Council to issue revenue bonds for the first phase of the plan, levies funds from participating governments, and requires $3 million in general obligation funds. Sen. Richard Cohen (DFL-St. Paul) received approval of his bill relating to tax exemptions. The bill, S.F. 10, exempts cottages on federal lands from local property taxes. Thursday, April 27 Rules resolution approved Senators approved changes to the Permanent Rules of the Senate during the afternoon floor session, Thurs., Apr. 27. Members debated 16 amendments before the final passage of the resolution. Sen. Ember Reichgott Junge (DFL-New Hope) presented the Senate resolution, outlining the changes dealing with Senate committees, bills and resolutions, and the conduct of Senators and staff. Among the proposals is a new rule specifying that a bill prepared by a department or agency must be given its first reading three weeks before committee deadline in odd numbered years and two weeks before deadline in even years. Reichgott Junge outlined additional changes, including provisions limiting committee chair terms to two consecutive Senate terms beginning in the 80th Legislative Session, requiring adjournment of committees by 11 p.m. unless suspended by a two-thirds vote of members, and reorganizing a section of the rules dealing with ethical conduct of Senators and lobbyists. Changes made to a section dealing with appointment of committees received considerable debate. The proposal specifies that the Chair of the Committee on Rules and Administration may add members to or delete members from standing committees after consultation and advice from the minority leader. Several attempts to remove or otherwise alter the new language were rejected by the full Senate. Sen. David Knutson (IR-Burnsville) offered an amendment deleting the provision altogether but the amendment failed on a 25-36 vote. Two other amendments failed as well. One, offered by Sen. Martha Robertson (IR-Minnetonka), would have made committee assignments temporary during the interim. Another, offered by Sen. Sheila Kiscaden (IR-Rochester), would have required the notification of affected members if committee assignments are changed. Sen. Linda Berglin (DFL-Mpls.), successfully offered an amendment specifying that a fiscal note must travel along with a bill. Sen. Dean Johnson (IR-Willmar), attempted to change the date when the provision limiting the term of a committee chair goes into effect to next session. Reichgott Junge successfully amended the Johnson amendment to make the provision effective after the 78th Legislature. Sen. Roy Terwilliger (IR-Edina) attempted to amend the resolution by requiring a three-fifths vote of the full Senate if a bill, amendment or committee report provides for an income tax or sales tax increase; however, Sen. Jane Krentz (DFL-May Township), who was presiding over the Senate, ruled that the amendment was out of order. Friday, April 28 Insurance bill approved The Senate unanimously approved S.F. 440, the insurance omnibus bill, Fri., Apr. 28. Chief author, Sen. John Hottinger (DFL-Mankato) summarized the measure for members, highlighting certain provisions. Besides authorizing the sale of policies that combine long term care benefits and life insurance policies, the bill requires subscriber groups to comply with cancellation requirements, while setting a maximum liability period of 120 days for the insurer, regardless of notice. Additionally, insurers and HMO's are required to provide coverage for newborns under a grandparent's policy, if the baby is dependent upon the grandparent. Sen. Pat Piper (DFL-Austin) offered an amendment that requires insurers to cover bone marrow transplants (BMT) in patients with breast cancer. The controversial amendment passed, 54-11, but only after lengthy debate concerning the treatment's efficacy, as well as the procedure's inherent risks. Sen. Sheila Kiscaden (IR-Rochester) opposed the amendment saying that to require payment for a treatment that carries significant risks, high costs, and questionable results is irresponsible. "Let's wait until we have completed the studies," said Kiscaden, referring to clinical trials currently conducted by the National Cancer Institute. "These women and their families can't wait," Piper said, "they don't have time in their favor." Piper also pointed out that a Hennepin County Court recently ruled in favor of a patient who brought suit against an insurer for payment of BMT. She told members that in light of the recent ruling, a "no" vote would incur unnecessary costs in terms of human suffering, time, and money. An amendment that raises the lifetime benefit paid out by the Minnesota Comprehensive Health Association to $1.5 million, offered by Sen. Steve Murphy (DFL-Red Wing), was adopted, and members granted final passage to S.F. 440. Sen. Ember Reichgott Junge (DFL-New Hope) presented S.F. 1052, a bill aimed at reducing domestic abuse. Reichgott Junge told members that the goal of the measure is to get swift help to families needing treatment. The bill includes a provision that allows minors, who are victims of abuse, to petition on their own behalf for an order of protection. Reichgott Junge offered an amendment that further broadened the scope of those allowed to petition, to include a family or household member, a guardian or other representative. Sen. Thomas Neuville (IR-Northfield) objected to the move, saying that it would set a precedent of allowing minors to bring actions against their parents. Reichgott Junge argued that violence against a minor should carry the same consequences as does violence against an adult. "We're trying to make it a little easier for these very scared and vulnerable victims to get help." The amendment failed on a roll call vote, 33-33, prompting Reichgott Junge to lay the bill on the table. Wetlands protection bill The Senate passed a bill revising the 1991 Wetlands Conservation Act at the Fri., Apr. 28, session. Sponsored by Sen. LeRoy Stumpf (DFL-Thief River Falls), S.F. 483 provides greater flexibility to local units of government by giving counties enforcement power over wetlands regulations, expanding exemptions from wetland replacement plans, and increasing the total area of wetlands that triggers regulatory action. Stumpf pointed to the "tremendously unworkable nature" of the 1991 Act as the impetus for the bill. The existing system is overly restrictive, duplicative and not coordinated, said Stumpf. In addition to the mass of red tape and regulations, he said, private citizens have incurred huge costs for compliance and litigation, as well as loss of property value. The bill provides "local flexibility while preserving the philosophy of the Wetlands Conservation Act," he continued. An amendment, presented by Stumpf, provides for more restrictive standards for drainage systems, sets a minimum replacement requirement for transportation projects at a 1 to 1 ratio, and redefines agricultural land. It also eliminates the de minimis exemption (triggering regulatory action) for type 4 and 5 wetlands. The amendment includes more local participation and finds middle ground between regulation and practicality, Stumpf said. The amendment was adopted. Sen. Gene Merriam (DFL-Coon Rapids) opposed the bill by offering an amendment returning the bill to the version approved by the Environment and Natural Resources Committee. The version balances local decision-making and agency oversight, he said. Merriam explained that the amendment represents a thoughtful compromise that reduces administration for smaller projects while retaining protection in critical wetland areas of the state. Supporting the amendment, Sen. Steven Morse (DFL-Dakota) said that the Stumpf version exempts small areas near wetlands and opens them up for destruction. This would turn the Wetlands Conservation Act into the "Wetlands Construction Act," Morse argued, and encouraged members to retain protection by approving Merriam's amendment. Opposing the amendment, Sen. Charles Berg (DFL-Chokio) said that the current legislation and the Merriam amendment are "totally unworkable" and support a ridiculous bureaucracy. Citizens want local control and decision-making in wetlands, Berg stated. After extensive discussion, Merriam's amendment failed by a tie vote of 33-33. Another amendment was offered by Sen. Harold "Skip" Finn (DFL-Cass Lake). The proposal provides continued protection for type 1 wetlands and expands the definition to prohibit the draining and filling of the wetlands. Contesting the amendment, Sen. Steve Dille (IR-Dassel) explained that type 1 wetlands are little more than seasonal pools, and that Finn's amendment is an example of "regulatory overkill." The amendment gained approval by a vote of 34-32. Monday, May 1 Commissions bill okayed A bill that abolishes eight legislative commissions was granted final passage at the Mon., May 1, floor session. Acting on Special Orders, the Senators passed S.F. 1290, sponsored by Sen. Roger Moe (DFL-Erskine). The measure eliminates the Legislative Commission on Children, Youth and their Families, the Legislative Water Commission, the Legislative Commission on the Economic Status of Women, the Legislative Commission on Child Protection, the Legislative Commission on Health Care Access, the Legislative Commission on Long-term Health Care, the Legislative Commission on Waste Management, and the Legislative Tax Study Commission. The bill transfers functions of the Legislative Commission on Minnesota Resources to the Office of Strategic and Long-range Planning. Moe said that the Legislative Coordinating Commission (LCC), the agency that oversees the commissions, was originally established to perform tasks that would not make sense for the House and Senate to do separately, and the bill restores it to that function. He said that the Legislature must do its share of cost-cutting along with other government agencies. "We are asking others to downsize, and I believe we also have to look at ourselves," Moe said. As originally written, the bill would have also eliminated the Legislative Commission to Review Administrative Rules. The Senators, however approved an author's amendment retaining that commission. Several other members presented amendments, each of which would retain one of the commissions. The amendments, however, failed to gain approval, and the measure was passed on a 56-10 vote. The Senate also voted unanimously to grant final passage to a bill that expands the scope of the patterned sex offender sentencing law. S.F. 882, carried by Sen. Jane Ranum (DFL-Mpls.), requires training for judges, prosecutors, peace officers, and sex offender assessors on sentencing laws applicable to repeat and patterned sex offenders. It makes several other changes, including expanding the interference with privacy crime to include persons who intrude on the privacy of occupants of hotel sleeping rooms and tanning booths, and increasing penalties for committing the crime of indecent exposure in the presence of a child under the age of 16. Members approved an amendment, offered by Ranum, that makes it a gross misdemeanor for a person who has been committed as a sexual psychopathic personality, a sexually dangerous person, or as mentally ill and dangerous to escape from the facility to which they were committed. The bill was then passed on a 59-0 vote. S.F. 537 was also granted final passage. The measure, sponsored by Sen. Steve Murphy (DFL-Red Wing), requires the refund of license fees to applicants who do not receive their licenses within six weeks. The bill also requests an evaluation of the new driver's license system by the Legislative Audit Commission. Murphy said the bill grew out of the frustration surrounding the new system, which has left 40,000 Minnesotans waiting for licenses. He said that when the Legislature granted original approval for the system, the Division of Driver and Vehicle Services said that the system would have a 10-day turnaround time. Instead, Murphy said, the wait in many cases is six months. The bill was passed, 54-7. Members also voted to pass another bill relating to license processing. S.F. 538, also sponsored by Murphy, applies the refund requirement to other types of licenses if the licenses are not issued within six weeks. The bill was approved on a 60-0 vote. In other business, S.F. 399, a bill providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for DWI- related offenses, was also granted final passage. The bill, sponsored by Sen. David Knutson (IR-Burnsville), passed on a 38- 22 vote. The Senate also passed S.F. 1127, a bill authorizing the sale of public access site on Lake Minnetonka. The bill, authored by Sen. Gen Olson (IR-Minnetrista), was approved on a 60-0 vote. S.F. 1451, authorizing the city of Minneapolis to establish three new special service districts, was also granted final passage on a 59-0 vote. Primary election maintained A bill maintaining Minnesota's presidential primary and moving the state's primary election into June won approval of the full Senate during the Mon. afternoon, May 1, floor session. S.F. 115, sponsored by Sen. Carol Flynn (DFL-Mpls.), modifies the endorsement process for the state's constitutional officers. Under the proposal, candidates for one of the state's constitutional offices must demonstrate they have a certain level of support within their party in order to appear on the ballot. To appear on the ballot, candidates must have received at least 20 percent of the votes on any ballot during the endorsing convention. Candidates may also appear on the ballot if they file a petition that has been signed by a number of voters equal to at least one percent of the total number of votes cast in the last state primary. The bill also changes the name of the primary election to the "state party nominating election" and allows a candidate endorsed by a major party to have the word "endorsed" by their name on the ballot, unless they request it not appear. Candidates also have one day, instead of the three days now in law, after the final filing date to withdraw their name from a primary election ballot. In its original form, the bill repeals the state presidential primary but Flynn offered an amendment removing the provision and setting the primary for the third Tuesday in June. That amendment sparked a lengthy debate on the merits of a presidential primary. Opponents of the amendment argued the primary is a costly enterprise that has no impact on the major parties' delegation selection. Sen. John Marty (DFL-Roseville) called the primary "a mandate on local governments." Sen. Gene Merriam (DFL-Coon Rapids), questioned whether the primary was a good use of taxpayer dollars. "If we're going to use taxpayers' dollars, let's make it count [in the delegate selection process]," he said. But proponents of the presidential primary responded it does involve the voters in the process. Sen. Douglas Johnson (DFL- Cook) said the state parties are working to make the presidential primary a binding one. "Minnesotans have a right to be participants in that process," he said. Describing his own experiences in national elections, Sen. Ted Mondale (DFL-St. Louis Park) argued the presidential primary does matter to candidates. "For someone to say it is meaningless doesn't understand the process," he said, "There's momentum to be gained in these primaries. People do care how it comes out." By a 39-27 margin, the Senate adopted the portion of the amendment maintaining the presidential primary. On a voice vote, members also adopted moving the primary to the third Tuesday in June. A number of other efforts were made to amend the bill but none were successful. Marty proposed setting the presidential primary on the first Tuesday in August, but his amendment was rejected, 22-40. Sen. Roy Terwilliger (IR-Edina) proposed removing the sections of the bill that set the requirements for a candidate to appear on a nominating election ballot. His amendment was defeated, 18-45. Terwilliger's proposal to retain the name of the election as a primary election, rather than as the "state party nominating election", failed on a 26-26 vote. Also rejected by an 18-45 margin was an amendment, sponsored by Sen. Cal Larson (IR-Fergus Falls), calling for a repeal of the party caucus system. Sen. Sheila Kiscaden (IR-Rochester) offered an amendment to remove provisions that allow candidates on the primary ballot to have the word "endorsed" next to their name. The amendment was defeated, 21-44. S.F. 115 was given final passage by a 50-16 margin. MinnesotaCare bill tabled With an amendment to prohibit elective abortions under the state's health plan pending, the Senate's consideration of a bill modifying the MinnesotaCare program was ended late Mon. afternoon, May 1, when the measure was tabled. S.F. 845, sponsored by Sen. Linda Berglin (DFL-Mpls.), modifies many provisions of the MinnesotaCare program. Under the proposal, the eligibility requirements are expanded to include individuals from households without children and who are below 150 percent of the federal poverty level. The bill also creates a prescription drug benefits program for low-income Medicare beneficiaries and a program to help senior citizens receive reasonably-priced prescriptions. The measure also removes the requirement that universal coverage will be achieved by July 1, 1997 and modifies the definition of universal coverage. Changes in the requirements on health plan companies are also included. An amendment prohibiting elective abortion as a covered medical expense under the MinnesotaCare program was presented by Sen. Thomas Neuville (IR-Northfield). Berglin offered an amendment to the Neuville proposal that prohibits the use of state funds for payment of the procedures. The Senate narrowly defeated the Berglin amendment, 32-34. With the Neuville amendment pending, the author moved to table the bill and the Senate approved the motion. That action ended nearly four hours of debate. Over the course of that debate, more than 25 amendments were placed before the members for consideration. Earlier in the debate, Neuville authored an amendment that removes elective abortions from the definition of "appropriate and necessary care" under health plans. The procedure would be permitted, Neuville explained, but not paid for by insurance. A provision of the amendment forbids courts from selectively striking portions of the amendments. This measure, he explained, makes sure "courts are not setting our policy." Strongly opposed to the amendment, Sen. Deanna Weiner (DFL- Eagan) said that it "treads in dangerous waters". We are tying the hands of physicians who may want to prescribe medications such as the morning after pill, and not allowing flexibility, she offered. The amendment was attached to the bill. Among additional amendments was a proposal presented by Berglin, allowing that no holder of a health insurance plan be required to purchase a plan that offers elective abortion coverage. The amendment was adopted on a voice vote. Several other amendments, sponsored by the bill's chief author, were approved. Among them was a proposals permitting reimbursement for treatment by marriage and family therapists if those services are part of a managed care program. Another amendment defines the average manufacturer's price in order to determine the discount levels that will be used under the prescription drug programs. An amendment allowing the Dept. of Health to issue a fine on individuals who are uninsured was offered by Sen. Edward Oliver (IR-Deephaven). The proposal institutes a $100 penalty on individuals whose income is 275 percent above the federal poverty line but who are not enrolled in a health plan starting Jan. 1, 1997. Under the amendment, the penalty increases to $200 in 1998 and $400 in 1999. Oliver said the fines will provide an incentive for uninsured individuals to obtain medical coverage. "If someone is voluntarily uninsured and they are injured, we all are going to pay for their medical care," Oliver said. He said the provision had been a part of the bill until it was removed in the Finance Committee. Berglin said the proposal is extends the intent of the MinnesotaCare program to those who do not need subsidies to pay for health care insurance. "If we say we will subsidize people up to a certain level," she said, "it is reasonable to say to those above that level that they should have health care coverage." But the amendment ran into considerable opposition. Sen. Phil Riveness (DFL-Bloomington) said the amendment adds to the bureaucracy of the Dept. of Health, creating a group responsible for pursuing "scofflaws" who do not carry insurance. "I don't know anyone, of reasonable intelligence, who will not enroll in a health plan.," he said. Sen. Roy Terwilliger (IR-Edina) joined in the opposition. "No other state does this," he said, "We are giving insurance companies a mandated place in the market." "If we start here, are we going to require people to have life insurance or flood insurance?" Sen. Dennis Frederickson (IR-New Ulm) said. The amendment is an example of "intrusive, big-brother government," he said, "and I don't think that's a path we want to go down." The Oliver amendment was defeated on a 21-42 roll call vote. Sen. Sheila Kiscaden (IR-Rochester) presented an amendment providing exceptions to the retrospective review and approval process. Under the amendment, major health care providers will not need to go through the review and approval process when commit their resources for equipment purchases, the maintenance or remodeling of facilities, or to support activities that do not relate health care service delivery. The amendment was adopted. Riveness offered an amendment to equalize the 2 percent provider tax paid by pharmacies and health care providers. Currently, the tax becomes counted as part of the providers' gross receipts; therefore, Riveness explained, providers are taxed twice on the amount. Berglin opposed the amendment, saying that this revenue source should not be jeopardized. Questions were also raised about a possible conflict with federal regulations. The amendment failed by a vote of 33-32. Another defeated amendment was offered by Terwilliger that keeps MinnesotaCare eligibility for single persons with no children at 125 percent of the poverty level. In the bill, the level is raised to 150 percent. Terwilliger pleaded with the members to consider cost projections and federal uncertainty by adopting the amendment. The change represents $134 million in savings, he explained, and would give the fund a $106 million surplus. Berglin opposed the measure, saying that people at the 150 percent level cannot afford insurance and MinnesotaCare will encourage them to participate in the workforce. It is "irresponsible" to impose a freeloader penalty while not providing affordable insurance to the poor, she said. The amendment failed by a 28-37 margin. Tuesday, May 2 Children's department approved At the Tues., May 2, floor session of the Senate, members approved a bill that combines a variety of programs dealing with children and families and creates the Children, Families and Learning Department. Calling it a "government restructuring plan whose time has come," author Sen. Jane Ranum (DFL-Mpls.) outlined the goals of S.F. 1103, the bill carrying the provisions creating the new department. Ranum said currently the state provides fragmented services for children and families that channel money to the bureaucracy instead of to the children. The new department focuses resources and energy into an integrated, seamless system to better help kids in need, from infants through high school, Ranum said. She explained that the new agency would be half the size of the five agencies from which programs are transferred, or 590 employees with a $2.9 billion budget for FY 97. No new funds are appropriated; costs are either transferred from current agencies or absorbed by the affected departments. The new agency will be phased in over the next year, with the Department of Education abolished Sept. 30, 1995. Programs from other agencies will be transferred by July 1, 1996. Senators spent considerable time discussing an amendment, offered by Ranum, that adds 16 programs dealing with children and families that had been contained in the original bill but removed in subsequent committee hearings. Sen. Don Samuelson (DFL-Brainard) objected to the amendment and then moved to separate four provisions from the amendment for further discussion. Sen. Linda Berglin (DFL-Mpls.) also opposed the inclusion of the additional programs, specifically provisions relating to the children's mental health program. The entire amendment was eventually adopted after three votes on the separate provisions. Sen. Charles Berg (DFL-Chokio) failed in an attempt to amend the bill by removing the state's Head Start Program from the umbrella of the Children, Families and Learning Department. Berg said he feared the successful program would get "buried in bureaucracy." But Ranum said the program had been added to the department at the urging of Head Start representatives. The Senate approved the bill 48-15. The Senate also approved a bill, carried by Sen. Harold "Skip" Finn (DFL-Cass Lake), dealing with data practices, financial assistance data, child abuse victim videotapes, and health data. Several amendments were added to the omnibus data privacy bill, S.F. 1279, including one successfully offered by Sen. David Knutson (IR-Burnsville). The amendment makes information related to legislative or budget proposals of any state agency under the direct control of the governor protected, nonpublic data. The bill only covered proposals of the state administration, specifically the Governor's Office and the Dept. of Finance. The amendment specifies that the data can be released "if disclosure would aid the administration [or agency] in considering and preparing its proposals." Finn opposed the amendment saying he didn't think "the bureaucracy should be denied that scrutiny." Two amendments dealing with student data and what data are available from schools also were considered. Sen. Linda Runbeck (IR-Circle Pines) offered one amendment that would have made information on students private, including any information contained in a school directory. Several Senators opposed the provision. Sen. Kevin Chandler (DFL-White Bear Lake) said he supported the goal of the amendment but he could see ridiculous results if schools are not given flexibility to determine how best to use student information. He specifically noted the use of programs during sporting events or the high school year book would be prohibited under the Runbeck amendment. Runbeck withdrew the amendment. Sen. Leonard Price (DFL-Woodbury) attempted to amend the bill with a provision that would make student addresses and telephone numbers private unless the student or student's parents gives consent to use the information in a public directory. The amendment failed on a 29-36 vote. Government reform bill okayed In an effort to stream line government, the Senate granted final passage to S.F. 1246, the omnibus government reform bill, during an afternoon floor session Tues., May 2. "This is an attempt to make state government more user friendly," said chief author, Sen. Phil Riveness (DFL-Bloomington). He told members that the measure will "change the culture of state government, and improve customer service." The bill, which Riveness said was the result of a bi- partisan effort of the Government Operations Committee, abolishes more than 400 annual reports written by the agencies for the legislature, repeals 457 rules, eliminates and reorganizes a number of agencies, and establishes a citizen advocacy program within the Dept. of Administration. Additionally, S.F. 1246 requires government units to respond to applications for land-use permits within 60 days and clarifies statutory waiver requirements with respect to the housing finance agency for the civil service pilot project. "The purpose of all this is to put the citizens first," Riveness said. An amendment to abolish several legislative commissions, offered by Riveness, was adopted. Riveness told members that the amendment consists of Sen. Roger Moe's (DFL-Erskine) initiative to improve productivity, by trimming costs and commissions. A second Riveness amendment, to establish the Dept. of Children, Families and Learning, prompted debate among members. Sen. Linda Berglin (DFL-Mpls.) objected to folding the department's establishment into the omnibus government reform package. "This should be done on it's own, as a separate bill," Berglin said. Sen. Jane Ranum (DFL-Mpls.) countered, saying that the incorporation of S.F. 1103 as an amendment to S.F. 1246 "is completely appropriate--they're both about restructuring government." Sen. Charles Berg (DFL-Chokio) objected to the amendment saying that it was not germane. "If this bill is about stream- lining government, then why are we creating a whole new department here?" he asked. However Sen. Allen Spear (DFL-Mpls.), President of the Senate, ruled the amendment germane. Sen. Gary Laidig (IR-Stillwater) also opposed the creation of the department. "I'm afraid this bill has gotten so wide it's going to collapse under it's own weight," he added. Nonetheless, the amendment was adopted, 30-9. An amendment that establishes a pilot project to review and improve the state's civil service system, was approved by Senators. Riveness said that the project's intent is to ensure the continuation of merit-based principles, while removing rules and procedures that cause unnecessary inefficiencies in the state human resources system. "It's important to establish incentives for employees to act in a way that ensures the best service to the public," Riveness said. Sen. Dean Johnson (IR-Willmar) raised concerns about the scope of the bill's reorganization plan, and cautioned members about its far reaching provisions. "Do we fully understand that this bill abolishes the Dept. of Natural Resources? That it eliminates certain responsibilities of the Departments of Agriculture and Transportation?" he asked. Johnson told members that the bill represents a "major, major change in the way state government operates." Waste management bill passed The latter portion of the Tues., May 2, floor session was devoted to discussion of amendments to the Waste Management Act and to debate over a bill aimed at curbing militia activity in Minnesota. S.F. 462, authored by Sen. Janet Johnson (DFL-North Branch), makes primarily technical changes to the state's waste management statutes. However, amendments offered to the bill sparked considerable debate. An amendment, offered by Sen. Kevin Chandler (DFL-White Bear Lake), specifies that it is a deceptive trade practice to make false environmental marketing claims. Opponents of the amendment argued that the amendment adds more responsibilities to the Attorney General's Office without providing additional funding. Chandler countered that the Attorney General's Office already is charged with investigating similar cases and that the office supports the amendment. Sen. Linda Runbeck (IR-Circle Pines), said that the amendment places an unfair burden on businesses. Chandler successfully argued that the businesses who make truthful environmental claims are the entities most damaged by the deceptive practices of competitors. The amendment was adopted on a 35-25 roll call vote. Another amendment, offered by Chandler, also touched off debate. The amendment prohibits the disposal of corrugated cardboard in landfills. Opponents of the amendment argued that no other recyclable product is prohibited from disposal in landfills and that an exception should not be made for cardboard. Chandler countered that the market demand is very high for recycling cardboard and that the prohibition would help satisfy the demand. Johnson spoke against the amendment, urging members to "let market forces" work in recycling corrugated paper products. The amendment failed on a voice vote. The bill was then granted final passage on a vote of 59-0. Members also granted preliminary approval to a bill making a number of changes to the criminal statutes. S.F. 1564, authored by Sen. Ellen Anderson (DFL-St. Paul), amends the definitions of manslaughter in the first degree, manslaughter in the second degree and receiving profits from prostitution. The measure also requires reports on gunshot wounds. In addition, the bill expands the definition of electronic incapacitation device and increases the penalty for its unauthorized use. The bill also authorizes the use of drivers' license photographs to investigate or prosecute crimes, authorizes sentencing courts to order the payment of restitution to victim assistance programs and adds a fine provision to the terroristic threats crime. Debate on the measure centered on an amendment, offered by Sen. Richard Cohen (DFL-St. Paul), that makes it a gross misdemeanor to teach or demonstrate to any other person how to use or make any firearm, explosive or incendiary device knowing or having reason to know that it will be unlawfully used in a civil disorder. Cohen said the amendment is aimed at curbing paramilitary groups' activities. Some members questioned the proposal because it has not gone through the committee process. Cohen responded that the amendment is a response to the tragedy in Oklahoma City and, because the bombing occurred after the deadlines for committee work, offering the proposal as an amendment was the only avenue available. Members approved the amendment on a roll call vote of 53-0. The bill was then given preliminary approval on a voice vote. Wednesday, May 3 Dove season shot down The Senate passed the omnibus game and fish bill during the Wed., May 3, floor session, but not before a provision designating the mourning dove as a game bird was voted out the measure. S.F. 621, authored by Sen. Bob Lessard (DFL-Int'l. Falls), makes changes to a variety of the state's fish and game regulations. Included in the bill are provisions establishing a hunting heritage week, and requiring a plan for a firearms safety program. The measure modifies other hunting requirements, expands the requirement for possession of a trout and salmon stamp, and changes the statewide length limit for northern pike. The measure, after some debate, won approval on a 58-0 vote. It was the provision naming the mourning dove as a game bird that generated the most discussion and attracted several amendments. Sen. Charles Berg (DFL-Chokio) offered an amendment authorizing a two-year mourning dove hunting season in the southern and western portions of the state. The amendment also called upon the Dept. of Natural Resources (DNR) to report on the temporary season and recommend if the season should be allowed to continue. Berg said Minnesota and Iowa were the only two states west of the Mississippi River that do not have a dove hunting season. The amendment, Berg said, "seems like a reasonable compromise" between proponents and opponents of the season because it sets up a two-year experiment and requires the DNR to report on the temporary season. Sen. Pat Pariseau (IR-Farmington) said the Berg amendment represents "a serious attempt" to determine if a season should be established. "Wild game is a fine kind of food," she said, "We should take a serious look at whether this season is reasonable." Sen. Allan Spear (DFL-Mpls.) said the proposal to establish a mourning dove hunting season was "a familiar ritual," noting that measure was the 17th proposal calling for a mourning dove season that has been considered by the Legislature since 1946. "There is no need to have an experiment on the hunting of mourning doves," he said, "Either you want to shoot those little songbirds or you don't want to shoot little songbirds." Spear said the state has "a lot of game bird species" and that another one was not needed. He said that only about one ounce of meat would come from each dove and that it would be "a little like trying to eat a robin or a parakeet." "Let's get rid of this continual ritual of trying to establish a mourning dove season," he urged. The Senate rejected Berg's amendment by an 18-37 margin. The discussion on the mourning dove season reached its peak when Sen. Steve Murphy (DFL-Red Wing) offered an amendment to remove the provision from the bill. Berg, speaking in opposition to the amendment, said, "Why should deny hunters the opportunity to hunt the bird of choice?" But Murphy said the "bird of choice" in Minnesota among hunters hardly would be the mourning dove. "Of all the people that I hunt with, the birds of choice have always been waterfowl," he said. Murphy's amendment was approved, 38-20. Two other amendments, both offered by Sen. Harold "Skip" Finn (DFL-Cass Lake), were added to the bill. The first amendment clarifies the requirements for the disposition of seized property, other than boats or other sports craft, after a conviction has been handed down for violation of game and fish laws. The second amendment requires that a provision, repealing the restrictions placed on Minnesota anglers who fish in Ontario, may not be superseded by any other action of the Legislature. Floor Action Bills granted final passage on Special Orders afternoon April 27, 1995 S.F. 1180-Berg: Makes numerous changes to laws relating to off- highway motorcycles, all-terrain vehicles, reciprocal agreements, migratory game birds, fish house identification, fish taken in Canada, exotic species, powers of enforcement officers and collector snowmobiles and provides for regulation of shooting ranges. 50-14 Bills granted final passage on Special Orders April 28, 1995 S.F. 440-Hottinger: Omnibus insurance bill, regulates coverages, notice provisions, enforcement provisions, fees, licensees and makes technical changes. 61-0 H.F. 787-Stumpf: Makes changes to laws regulating wetland protection and management. 46-20 S.F. 1052-Reichgott Junge: Conforms domestic abuse definitions, includes persons with significant relationships, allows minors to petiition on their own behalf for orders for protection, modifies petition requirements and clarifies portions of the assault in the fifth degree statute which concern domestic assault. Laid on the table. Bills granted final passage on Special Orders May 1, 1995 S.F. 537-Murphy: Requires the refund of license fees to applicants who do not receive drivers licenses, duplicate drivers licenses, permits, or Minnesota identification cards within six weeks and requests a Legislative Audit Commission evaluation of the dirvers license and identification card program. 54-7 S.F. 538-Murphy: Reuqires the refund of license fees to applicants if licenses are not issued within six weeks. 60-0 S.F. 399-Knutson: Provides for forfeiture of snowmobiles, all- terrain vehicles and motorboats for designated, DWI-related offenses and extends the vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles. S.F. 882-Ranum: Expands the scope of the patterned sex offender sentencing law, requires training for judges, prosecutors, peace officers and sex offender assessors on sentencing laws applicable to repeat and patterned sex offenders, and expands the interference with privacy crime to include persons who intrude on the privacy of occupants of hotel sleeping rooms and tanning booths. 59-0 S.F. 1127-Olson: Authorizes the public sale of state land in Hennepin County. 60-0 S.F. 1451-Berglin: Authorizes the city of Minneapolis to establish three additional specical service districts within the city. 59-0 S.F. 1290-Moe: Abolishes several legislative commissions under the jurisdiction of the Legislative Coordinating Commission. 56-10 S.F. 115-Flynn: Changes the name of the state partisan primary to the state party nominating election, moves the state party nominating election and primary from September to June and repeals the presidential primary election. 50-16 S.F. 865-Berglin: MinnesotaCare bill. Expands provisions of health care, establishes requirements for integrated service networks, modifies requirements for health plan companies, establishes the standard health coverage, repeals the regulated all-payer option and establishes a drug purchasing benefit program for senior citizens. Laid on the table. Bills granted preliminary passage on General Orders May 2, 1995 H.F. 1678-Stumpf: Allows an outlet fee to be charged for use of an established drainage system in Red Lake County as an outlet for drainage originating in Polk County. S.F. 877-Wiener: Changes and clarifies laws relating to the building code and zoning law and amends the interstate compact on industrialized/modular buildings. S.F. 1362-Lessard: Provides for the coordination of efforts of public and private sectors in the sustainable management, use, development and protection of Minnesota's forest resources and establishes a forest resources council and regional forest resource committees. H.F. 1371-Metzen: Makes changes to laws relating to securities by regulating disclosure of payment received for directing order flow. S.F. 1079-Frederickson: Reduces 1995 appropriations to various state government agencies and departments and makes deficiency appropriations to other government agencies and departments. S.F. 1503-Stevens: Requires fireworks display operators to be certified by the state fire marshal and sets fees. S.F. 979-Johnston: Regulates hazardous material transporters, requires fingerprints of motor carrier managers for criminal background checks, makes technical changes related to calculating proportional mileage under the international registration plan, specifies violations that may result in suspension or revocation of permits and provides for disposition of fees collected for hazardous material registration, licensing and permitting. S.F. 1122-Lessard: Establishes a program for funding response actions to address environmental contamination from drycleaning facilities. S.F. 1173-Chandler: Regulates the sale of local exchange service territory. S.F. 1564-Anderson: Makes numerous changes to criminal laws and changes a variety of definitions and provides that it is a gross misdemeanor to teach or demonstrate to any other person how to use or make any firearm, explosive, or incendiary device knowing or having reason to know that it will be unlawfully employed for use in, or in furtherance of, a civil disorder. Conference committee reports adopted and repassed May 2, 1995 S.F. 308-Marty: Authorizes special registration plates for persons subject to an impoundment order and clarifies the definition of prior license revocation. 58-0 Bills granted final passage on Special Orders May 2, 1995 H.F. 1207-Murphy: Increases the maximum length of combinations of vehicles from 65-70 feet. 54-3 S.F. 1310-Frederickson: Provides for the development of a long- range expenditure plan for state expenditures. 56-0 H.F. 617-Stumpf: Makes changes in laws relating to various public pension plans, makes various individual and small group pension accommodations and makes various pension plan adminsitrative changes. 57-0 S.F. 1303-Riveness: Authorizes the formation of nonprofit corporations for the purpose owning low and moderate income housing developments. 58-1 H.F. 358-Johnson, J.B.: Clarifies that the Public Utilities Commission may extend the deadline for rate suspension period by 20 days when necessary to first make final determination on another, previously filed rate case, allows exemption from rate regulation for a small electric utility franchise, and allows a longer review time for granting petition for rehearing by the Public Utilities Commission. 63-0 H.F. 1256-Johnson, J.B.: Adops federal energy standards for air conditions, certain gas-burning equipment, lamps, showerheads, and faucets. 64-0 H.F. 1246-Kiscaden: Requires child care for school age children not operated by a school to be licensed and changes the definition of toddler and preschooler for family day care programs serving siblings. 59-3 H.F. 265-Berg: Makes technical amendments to eliminate references to telracing facilities, regulates testing facilities for the testing of gambling devices, regulates bingo and lawful purpose expenditures, regulates credit and sales to delinquent organizations and provides for contributions to compulsive gambling programs. 64-0 S.F. 1136-Betzold: Department of Human Services technical bill. Brings child support laws into conformity with federal law. 58-0 S.F. 1078-Frederickson: Changes accounting procedures, changes the dollar threshold for approval of gifts to the state, changes procedures for collection of debt by the state, and changes terminology for the petroleum tank release cleanup account. 62-0 S.F. 1103-Ranum: Establishes the Dept. of Children, Families and Learning and makes related changes. 48-15 S.F. 1279-Finn: Provides for the classification of and access to government data, clarifies data provisions, provides for survival of actions under the Data Practices Act, provides for the classification and release of booking photographs, conforms provisions dealing with financial assistance data and limits the release of copies of videotapes of child abuse victims. 58-3 S.F. 1246-Riveness: Abolishes 400 obsolete reports, abolishes obsolete rules, Requires legislative review of agency reorganization efforts, clarifies statutory waiver requirements with respect to the Housing Finance Agency for the civil service pilot project, establishes the Office of Citizen Advocate in the Dept. of Administration, establishes a task force to recommend a governmental structure for environmental and natural resource functions and services, requires establishment of an employee participation committee before agency restructuring and abolishes the Dept. of Natural Resources, the Board of Water and Soil Resources, the Office of Environmental Assistance, the Pollution Control Agency, the Environmental Quality Board, the Harmful Substances Compensation Board, the Petroleum Tank Response Board and the Transportation Regulation Board. 41-24 S.F. 462-Johnson, J.B.: Waste Management Act amendments. 59-0 Bills granted final passage on the Senate Calendar May 3, 1995 H.F. 1678-Stumpf: Allows an outlet fee to be charged for use of an established drainage system in Red Lake County as an outlet for drainage originating in Polk County. 56-0 S.F. 877-Wiener: Changes and clarifies laws relating to the building code and zoning law and amends the interstate compact on industrialized/modular buildings. 64-1 S.F. 1362-Lessard: Provides for the coordination of efforts of public and private sectors in the sustainable management, use, development and protection of Minnesota's forest resources and establishes a forest resources council and regional forest resource committees. 61-0 H.F. 1371-Metzen: Makes changes to laws relating to securities by regulating disclosure of payment received for directing order flow. 57-1 S.F. 1079-Frederickson: Reduces 1995 appropriations to various state government agencies and departments and makes deficiency appropriations to other government agencies and departments. 63-0 S.F. 1503-Stevens: Requires fireworks display operators to be certified by the state fire marshal and sets fees. 60-0 S.F. 979-Johnston: Regulates hazardous material transporters, requires fingerprints of motor carrier managers for criminal background checks, makes technical changes related to calculating proportional mileage under the international registration plan, specifies violations that may result in suspension or revocation of permits and provides for disposition of fees collected for hazardous material registration, licensing and permitting. 64-0 S.F. 1122-Lessard: Establishes a program for funding response actions to address environmental contamination from drycleaning facilities. 65-0 S.F. 1173-Chandler: Regulates the sale of local exchange service territory. 56-4 Bills granted concurrence and repassage May 3, 1995 S.F. 752-Novak: Allows for alternative regulation of telephone companies for a limited period and authorizes rulemaking to promote fair and reasonable competition for local exchange service. 62-0 S.F. 1051-Frederickson: Requires providers of cellular telephone services to include in billings a notice regarding 911 calls. 61- 2 Bills final passage on Special Orders May 3, 1995 S.F. 621-Lessard: Establishes Hunting Heritage week, designates mourning doves aas game birds and mute swans as unprotected birds, clarifies terms of short-term angling licenses, removes requirements relating to fish taken in Canada, changes the date by which fish houses and dark houses must be removed from the ice and authorizes the use of floating turtle traps. H.F. 1037-Betzold: Technical Dept. of Health bill, provides rulemaking authority, modifies enforcemtn and fee provisions and modifies the hearing instrument dispenser trainee period. 57-0 S.F. 1551-Johnson, J.B.: Provides loans and incentive for agricultural energy resources development for family farms and cooperatives. 55-0 S.F. 1393-Pogemiller: Provides the conditions and requirements for issuance of debt and use of the proceeds, authorizes use of capital improvement bonds for indoor ice arenas, authorizes home rule charter cities to issue tax anticipation certificates, and provides for the issuance of temporary obligations and modifies issuance procedures. 54-2 S.F. 1543-Pogemiller: Changes procedures for allocating bonding authority and changes provisions relating housing programs and plans. 56-0 S.F. 429-Morse: Extends the sunset date for the Farmer-Lender Mediation Act two years and provides for a study of expansion of the mediation program. 47-6 S.F. 255-Hanson: Regulates persons who may do elevator work. 48-9 S.F. 734-Chandler: Regulates the 911 emergency telephone system, imposes requirements on private switch telephone service and imposes a civil penalty. 47-11 S.F. 801-Berglin: Recodifies and modifies statutes relating to lead abatement. 58-0 Bills granted final passage on the Senate Calendar May 4, 1995 S.F. 1564-Anderson: Makes numerous changes to criminal laws and changes a variety of definitions and provides that it is a gross misdemeanor to teach or demonstrate to any other person how to use or make any firearm, explosive, or incendiary device knowing or having reason to know that it will be unlawfully employed for use in, or in furtherance of, a civil disorder. 44-0 Bills granted preliminary passage on General Orders morning session May 4, 1995 S.F. 871-Hottinger: Revises the procedures for the adoption and review of agency rules. Progressed for purposes of amendment. S.F. 1365-Solon: Modifies the definition of the term fireworks and preempts local regulation of fireworks. H.F. 628-Kiscaden: Creates a presumption of refusal or neglect of parental duties in certain termination of parental rights cases. Progressed for purposes of amendment. H.F. 1101-Frederickson: Makes miscellaneous technical corrections to water laws, provides for delegation of permit authority, provides for minimal impact permits and provides for removal of hazardous dams. H.F. 2-Metzen: Provides that an emissions test need not be done until a vehicle is five years old, changes the inspection fee and provides a contingent expiration date for the inspection program. Compiled by: Senate Publications Room G95, State Office Building St. Paul, MN 55155 (612)296-0259 TDD 296-0250 ***Rough edit of May 5, 1995***