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March 14, 2003 Issue of Senate e-Briefly

Highlights

Emergency contraception bill okayed
A bill requiring hospitals to provide emergency contraceptive services to sexual assault victims received quick approval from the Health and Family Security Committee Thurs., Mar. 13. S.F. 270, authored by Sen. Sandra Pappas (DFL-St. Paul), requires hospitals to provide information about emergency contraception and treatment for sexually transmitted diseases (STDs).

The measure also requires hospitals to provide sexual assault victims with emergency contraception and appropriate antibiotics for STDs, if the victims request such treatment. Carla Ferrucci, Coalition Against Sexual Assault, and Dr. Lynn Hagedorn spoke in favor of the measure. Hagedorn presented new scientific information about emergency contraceptives. If a woman is already pregnant, the contraceptives do not cause an abortion or fetal abnormalities, she said. David Feinwachs, general counsel, said the Minnesota Hospital Association has worked with the bill's proponents on improving the bill, but there are still some concerns to be addressed. S.F. 270 was re-referred to the Finance Committee.

Members, chaired by Sen. Becky Lourey (DFL-Kerrick), also approved a bill requiring health plans covering prescription drugs to provide coverage for prescription contraceptives. Sen. Ellen Anderson (DFL-St. Paul) said S.F. 269 represents "a common sense approach to contraceptive equity." The panel adopted an amendment, offered by Sen. Sheila Kiscaden (IP-Rochester), clarifying that the bill does not require coverage for over-the-counter contraceptives. S.F. 269 was advanced to the Senate floor.

S.F. 432, also carried by Pappas, requires health plans that offer maternity benefits to provide coverage for doula services provided by a certified doula. The bill defines doula services as childbirth education and support services, including emotional and physical support, provided during pregnancy, labor, birth, and postpartum. President of the Childbirth Collective Susan Lane, Peg McCoy of HCMC, Jessica Atkins of the Family Centers Doula Program in St. Paul and Julie Lentz, a registered nurse who used a doula in the birth of her son, spoke to the benefits of using doulas. Carolyn Jones, Minnesota Chamber of Commerce, and Kathryn Kmit, Minnesota Council of Health Plans, spoke against the measure. Jones said the chamber opposes additional mandates on small employers, farmers and individuals. Mandates, she said, drive up the costs of health care and may only benefit a very limited number of individuals. Sen. Sean Nienow (R-Cambridge) offered an amendment removing the requirement for private health plans to cover services and instead requiring the commissioner of health to report on the impact of the mandate on private insurers. The amendment was not adopted. S.F. 432 was re-referred to the Committee on Commerce and Utilities.

The panel approved S.F. 155, sponsored by Sen. Charles Wiger (DFL-North St. Paul), clarifying that health plans must provide coverage for hearing aids for children with hearing loss due to a congenital malformation of the ears. Parent Patty Teachout spoke on the need of consistency in plans and said her health plan indicated it would cover surgery, which will not help her son, but not the hearing aids that will help him. The bill was advanced to the Finance Committee.

Members also advanced S.F. 357 to the Finance Committee. The bill, authored by Lourey, modifies the dental loan forgiveness and the donated dental services programs. Kiscaden offered an amendment, adopted by the committee, waiving the clinical examination requirement for dentist licensure if an license applicant has completed a one-year postdoctoral dental residency accredited by the American Dental Association. The panel also adopted an amendment, offered by Lourey, creating limited faculty licensure and full faculty licensure for foreign-trained dentists who teach at dental schools in the state.

Cell phone restrictions okayed
Minnesotans would no longer be able to drive and use a hand-held cell phone under a bill approved by members of the Transportation Policy and Budget Division. The division, chaired by Sen. Dean Johnson (DFL-Willmar), met Tues., Mar. 11, and considered the cell phone bill along with three additional measures.

S.F. 124, authored by Sen. Wesley Skoglund (DFL-Mpls.), prohibits the use of mobile telephones while driving unless the driver is using a hands-free device that allows the driver to maintain both hands on the wheel. Skoglund said, "The bill is a moderate approach to make Minnesota roads safer." He also said the bill is not a ban on using cell phones, but does require the hands-free device to be used. The measure does allow for the use of a hand-held phone in cases of emergency, he said. In addition, the bill also specifies that a violation is not a primary offense; a peace office may not issue a citation unless the drivers were stopped for another moving violation.

Rep. Mike Jaros (DFL-Duluth) spoke in support of the measure. "This is a modest proposal that will save lives," he said. Support also came from Bill Gillespie, executive director of the Minnesota Police and Peace Officer Association. Gillespie said, "The bill is a moderate approach that is not too onerous." Elmer Otto, speaking as a private citizen, cited a University of Rhode Island study about drivers and cell phone use to support the measure.

Members adopted two amendments to the bill. The first, offered by Sen. Mee Moua (DFL-St. Paul), clarifies the term "use" in the bill. The second, offered by Sen. Mark Ourada (R-Buffalo), specifies that regulations enacted by other units of government may not be inconsistent with state law. The bill was approved and advanced to the Finance Committee.

Members also approved a bill providing for a $25 surcharge on fines imposed on individuals who are apprehended or arrested by a State Patrol officer. S.F. 341, authored by Sen. Steve Murphy (DFL-Red Wing), specifies that revenue from the surcharge be used for state trooper in-service training. Murphy said it has been an on-going problem to get funding for trooper training and the bill provides a source of revenue. Colonel Ann Beers, Minnesota State Patrol, said the measure was not part of the governor's budget proposal, but that under the bill trooper training could be expanded from 24 to 56 hours. The bill was approved for consideration for the division's omnibus bill.

The panel also approved a bill removing a sunset provision to allow certain school buses to continue to be operated by licensed child care providers and by holders of Class D drivers' licenses under limited conditions. The bill was referred to the full Finance Committee.

Two similar bills were also discussed, but laid over in order to work out an amendment. S.F. 170, authored by Sen. Julianne Ortman (R-Chanhassen), and S.F. 210, sponsored by Sen. Carrie Ruud (R-Breezy Point), both authorize the use of flashing blue lights on emergency vehicles.

Two bills pass
Senators met briefly Mon., Mar. 10, to approve legislation on the Consent Calendar and process paperwork at the Senate desk.

H.F. 112, sponsored by Sen. Thomas Neuville (R-Northfield), modifies and clarifies provisions relating to real property titles, liens and mortgage registration.. The bill was approved 62-0. Sen. Sandra Pappas (DFL-St. Paul) carried S.F. 374, which changes the name of the Civic Center Authority to the RiverCentre Authority and makes other technical changes to the authority's powers and duties. The bill was approved 61-0.

Five bills gain
Senators met Thurs., Mar. 13 to approve two bills on the Consent Calendar and three bills on General Orders. When considering bills on General Orders, the Senate meets as the Committee of the Whole and grants bills preliminary passage. After a bill has been debated and approved in the Committee of the Whole, it is placed on the Senate Calendar for final passage. Bills may be amended while on General Orders but may not be amended, except by unanimous consent, after they have been placed on the Calendar. Legislation on the Consent Calendar has been deemed non-controversial.

On the Consent Calendar, members granted final passage to two bills. H.F. 273, the annual Revisor's bill, was sponsored by Sen. Don Betzold (DFL-Fridley). Sen. Richard Cohen (DFL-St. Paul) carried S.F. 356, which makes technical changes to the de facto custodian law.

All three bills considered on General Orders were granted preliminary passage. S.F. 40, authored by Sen. Linda Berglin (DFL-Mpls.), provides for the recovery of damages caused by graffiti and raises the limit for parental liability for damage caused by a minor to $3,000. Sen. Julianne Ortman (R-Chanhassen) offered an amendment to the bill changing the state's joint and several liability law to provide for joint and several liability of a person who is at fault at least 40 percent, of multiple persons who act together or of a person who commits an intentional tort. Ortman said the amendment conforms Minnesota's law to that of surrounding states. The amendment was challenged on its germaneness to the bill. Sen. Thomas Neuville (R-Northfield) said the amendment is germane because the bill does address the joint and several liability of parents and minors. However, Sen. Don Betzold (DFL-Fridley) said the bill has a much narrower scope than the amendment. Sen. James Metzen (DFL-South St. Paul), chair of the Committee of the Whole, ruled the amendment not germane. His decision was upheld on a 35-28 vote.

Sen. Mike McGinn (R-Eagan) sponsored S.F. 256. The bill allows search warrants to be issued to peace officers for searches of premises outside their jurisdiction. Under the bill, the officer must notify the chief of police or the county sheriff's office prior to applying for the search warrant. Sen. Steve Murphy (DFL-Red Wing) carried S.F. 287, requiring the pledge of allegiance to be recited in public and charter schools, as well as requiring regular civics education. The measure permits school boards to waive the requirements and provides for teachers to inform students that persons have the right to choose not to say the pledge. Sen. Mady Reiter (R-Shoreview) offered an amendment repealing the Profile of Learning. The amendment was ruled not germane to the bill.

 

Committee update

Agriculture, General Legislation and Veterans Affairs
CWD bill gains
Discussion of a bill aimed at control and prevention of chronic wasting disease (CWD) dominated the Wed., Mar. 12, meeting of the Agriculture, General Legislation and Veterans Affairs Committee. The bill, S.F. 548, authored by Sen. Steve Dille (R-Dassel), is aimed at eradicating the disease, which strikes cervidae (deer, elk, moose, caribou, reindeer and muntjac) from Minnesota.

Dille said many of the provisions in the bill are based on recommendations made in a report by the Board of Animal Health and commissioner of natural resources on chronic wasting disease. The measure places the responsibility for regulating domestic cervidae under the Board of Animal Health and wild cervidae under the control of the commissioner of natural resources.

The bill also provides for increased restrictions on domestic cervidae and provides for additional authority for the commissioner of natural resources relating to wildlife disease prevention. In addition, the bill requires that fencing for cervidae be at least eight feet tall beginning Jan. 1, 2004. Also, beginning Jan. 1, 2004, all farmed cervidae must have identification and all persons who possess live cervidae must be registered with the Board of Animal Health. The bill requires surveillance for CWD and specifies that any movement of animals must be reported. The bill also requires all animals older than 16 months that die or are slaughtered be tested for CWD.

In addition, the bill restricts the importation of hunter-harvested cervidae to certain portions, makes permanent the import restrictions on live cervidae and prohibits possession of live cervidae except for farmed cervidae that are registered with the board.

Finally, the bill provides the commissioner of natural resources the authority to use emergency rules for purposes of preventing wildlife disease and allows the issuance of special permits to take wild animals.

Debate on the bill centered on two provisions. The first provision concerned the restrictions on the importation of hunter-harvested cervidae to certain portions of the animal with no part of the spinal column or head attached. Members questioned the ability of hunters to have animals processed before returning home. Dr. Paul Anderson of the Board of Animal Health and Mike DonCarlos of the DNR both said it was possible and desirable to have animals processed quickly.

Another provision that sparked debate specifies that 50 cents from each deer license be appropriated for wild cervidae health management. Sen. Rod Skoe (DFL-Clearbrook) said the original 50 cent fee was earmarked for emergency deer feeding but language in the bill specifies wild cervidae health management. He moved to reinstate emergency deer feeding. Members approved the motion. The bill was approved and re-referred to the Finance Committee.

Members, chaired by Sen. Steve Murphy (DFL-Red Wing) also advanced a bill requiring prompt payment by suppliers to dealers for warranty work. S.F. 674, sponsored by Sen. Dallas Sams (DFL-Staples), was approved and sent to the Senate floor.

Commerce and Utilities
Insurance settlement explored
Allegations concerning a settlement between the state and a Florida insurance company consumed the attention of members of the Commerce and Utilities Committee when they assembled Mon., Mar. 10. Commerce Commissioner Glenn Wilson, on behalf of the state, and representatives of American Bankers Insurance Group reached agreement, Feb. 24, on a consent order requiring ABIG to pay a civil penalty of $200,000, to withdraw from offering or issuing new policies in the state for five years, to decrease their rates for existing policies of accidental death and dismemberment (AD&D) insurance by 40 percent and of credit insurance by 30 percent. The order also requires the insurer to reimburse the department for its costs, estimated to be about $1.8 million.

Committee Chair Ellen Anderson (DFL-St. Paul) said the hearing was to establish what happened, and why it happened, during the past year as the state's actions against ABIG progressed. Allegations have recently surfaced, in newspaper stories, indicating that a campaign contribution made by ABIG to a national Republican Party campaign committee influenced the new administration to pursue a settlement more favorable to ABIG than had been proposed under the previous administration.

Former Commissioner of Commerce James Bernstein said he initially sought $10 million in civil penalties against ABIG and a permanent cessation of the company's ability to do business in Minnesota. After he began taking action against the company, in February 2002, he said, the department and the insurer began negotiating a settlement. Bernstein said an agreement in principle had been reached by early August and was to be finalized at an Aug. 7, 2002, meeting in the Attorney General's Office. The only matter remaining to be settled, he said, was a news release on the settlement. The agreement, Bernstein said, was for ABIG to pay $3.5 million in civil penalties, to cease doing business in Minnesota for 5 years and to reduce its AD&D rates by 40 percent and credit insurance rates by 30 percent. At the meeting, the insurer announced it would not agree to the proposal, Bernstein said. He said he saw, in October, a copy of a letter from Republican Party Chairman Ron Eibensteiner thanking ABIG officials for a $10,000 contribution to the Republican National State Election Committee. At that time, Bernstein said, he came to believe the insurer was seeking a quid pro quo arrangement. After the election, rumors circulated that the new administration was going to be friendly to the insurance industry, Bernstein said, including ABIG. He said he learned the new commissioner was shown a copy of the same letter in a Jan. 8, 2003, meeting with the attorney general. "I don't think this is all a coincidence," he said, "This particular arrangement does not pass the smell test." Bernstein said the state has many good insurance companies who comply with the law and keep faith with their consumers. ABIG, he said, was very atypical and other insurers who have violated the law have been "nowhere near this level of violation."

The August meeting in the Attorney General's Office was never intended to finalize a deal, said Timothy Thornton, a Minneapolis attorney representing ABIG. He said a May letter indicating the terms Bernstein mentioned were a proposal made by the company was inaccurate. Thornton said he made it clear to the department and the attorney general that the proposal was unacceptable. He characterized the negotiations as a series of take-it-or-leave-it offers made by the department. However, he said, ABIG was pursuing legal action against the department and was winning all throughout 2002. Thornton said no papers were available to be signed at the August meeting because the meeting was called by the attorney general to set a course: either negotiation or litigation. Negotiation began again in February, he said, and an agreement was reached by the end of the month.

The investigation of ABIG was one of the largest, most complex and most resource-intensive ever undertaken by the department, said Gary LaVasseur, enforcement director. The settlement amount, he said, is the largest amount ever paid by an insurance company to the state. LaVasseur reviewed the investigation of ABIG, which began in 1997, and said he was comfortable with the settlement. He said the settlement addresses the issues that arose in the ABIG investigation and levels the playing field for other insurers in the state. LaVasseur acknowledged that the agreement permits ABIG to apply to the commissioner for reinstatement of its business practice after 20 months of the 5 year suspension have passed. However, he said, it is extremely doubtful any application will be approved.

Wilson, Hatch respond
Commerce Commissioner Glenn Wilson and Attorney General Mike Hatch testified before the Commerce Committee as the panel continued its examination of allegations surrounding a settlement between the state and a Florida insurer. The panel, chaired by Sen. Ellen Anderson (DFL-St. Paul), met Wed., Mar. 12, and took no action on the issue. However, Anderson said, "This is not going to end here."

Wilson said he did not see, until last week, a letter from Minnesota Republican Party Chairman Ron Eibensteiner to Ron Jerich, lobbyist for American Bankers Insurance Group, thanking the insurer for its contribution to a national Republican campaign fund. When he met with the attorney general Jan. 8, Wilson said, he had not heard of the ABIG case or of the company. At that meeting, which Wilson described as a courtesy call, the issue of a charitable contribution from ABIG was raised, he said. Wilson said letting a violator off with making a charitable contribution struck him as unethical. After he returned to the office, Wilson said, he asked department staff to brief him. During the briefings, he and staff laid out three key guidelines for any settlement: closing the door on ABIG doing business in Minnesota for at least 5 years, imposing a large enough fine to get the attention of senior company executives and language requiring the fine to be reported to the National Association of Insurance Commissioners, so that other states would be aware of ABIG's violations.

"That is exactly what we did," Wilson said of the Feb. 24 settlement. "I thought I was doing the right thing for the state," he said. Deputy Commissioner Patrick Nelson said the attorney general's office was involved in the final settlement, in part because the case was being litigated while negotiations were continuing. Renegotiations began Feb. 12, Wilson said, when a governmental affairs representative for ABIG pled the company's case to the department. Nelson instructed the representative to prepare a draft settlement. Gary LaVasseur, enforcement director, said the company did not want to pay $3.5 million to the state or a regulatory agency, but was willing to pay that amount as a contribution to a charity named by the state. The final settlement calls for payment of $200,000 in civil penalties and reimbursement for investigative costs, estimated to be $1.8 million.

Hatch disputed statements made by legal counsel for ABIG and distributed copies of a June 20 letter from company counsel to the department's counsel agreeing to a $3.5 million settlement. However, he said, the sticking point was that the company wanted to keep the deal secret. Under the June proposal, Hatch said, the state would receive an initial payment of $2.5 million and the remaining $1 million if the settlement was kept out of the press for 18 months. Ethically and legally, he said, the state could not accept that condition. However, a meeting called for Aug. 7 was to finalize negotiations over what level of publicity was acceptable to both parties, Hatch said. At the start of that meeting, he said, ABIG executives informed him and the department that they were withdrawing from negotiations.

Later in the fall, Hatch said, he met with Jerich at a campaign event and Jerich mentioned he had been retained by the company. Hatch said it was apparent Jerich was not aware of the company's problems with regulators. However, he said, Jerich indicated the company wished to improve its political image in the state. Hatch said Jerich gave him a copy of the Eibensteiner letter. It was important to show the letter to Wilson, Hatch said, to protect the commissioner from political influence. However, he said, he is convinced that neither the DFL nor Republican candidate for governor knew of the donations made by ABIG. Rather, Hatch said, he was more concerned about campaign staff that may have influence at the agency or elsewhere in state government. Hatch disputed the involvement of his office in the final negotiations. He said all negotiations after Jan. 8 were made directly between the department and the insurer. The settlement came to his attention on the day it was to be signed, Hatch said, because the document was brought to his office for minor corrections.

Hatch also disputed the size of the settlement. On its face, he said, it is for only $200,000. The other $1.8 million is never stated in the settlement documents, Hatch said, but will only appear on an invoice. He said he was concerned that attorneys were cut out of the negotiation process in such a complex matter and that at least four offers of $3.5 million were made by both parties, but that the final settlement was for much less. Hatch suggested that if the bulk of the payment was to be labeled as investigative costs, then the investigative costs could have been $3.3 million. He is also concerned why a Florida company was interested in the Minnesota governor's race, he said, and why corporate contributions were allowed to be used in the governor's race. His final concern, Hatch said, was why the settlement was kept a secret. He called upon Legislators to investigate the matter further and "find out who knew what and when."

In other business, members considered four measures. Sen. Sharon Marko (DFL-Woodbury) sponsored S.F. 291, which repeals an outdated law prohibiting the misstatement of the size of a wagon cover, awning or paulin. The bill was recommended for placement on the Consent Calendar. S.F. 83, authored by Sen. Linda Berglin (DFL-Mpls.), prohibits financial institutions from issuing credit cards or debit cards except in response to a request or application for the card from the person in whose name it is being issued. The bill was advanced to the Senate floor. Sen. Steve Murphy (DFL-Red Wing) carried a bill requiring all American flags and items carrying a representation of the flag sold in Minnesota to be manufactured in the United States. S.F. 521 was sent to the full Senate. Members also considered S.F. 506, but laid the bill over to address technical concerns with the bill. Carried by Sen. Ann Rest (DFL-New Hope), the measure prohibits retailers from printing more than the last five digits of a credit card number on a receipt given to the consumer.

Crime Prevention and Public Safety
Forfeiture bills advance
Several bills clarifying language relating to vehicle forfeiture were approved at the Mon., Mar. 10, meeting of the Crime Prevention and Public Safety Committee.

S.F. 375, authored by Committee Chair Leo Foley (DFL-Coon Rapids), clarifies language relating to motor vehicle seizure for the crime of fleeing a peace officer. The measure specifies that seizure of a motor vehicle used to flee a peace officer occurs either at the date at which personal service of process upon the owner is made or at the date when the owner has been notified by certified mail. The measure was approved and recommended for placement on the Consent Calendar.

S.F. 388, also sponsored by Foley, clarifies definitions, standards and procedures for vehicle forfeitures associated with DWI offenses. Foley said the bill was the product of work done by the DWI Task Force. Tammi Fredrickson, Coon Rapids city attorney and member of the task force, said the most major change in the bill is a clarification in the definition of owner. Current law defines owner of a motor vehicle as the registered owner according to state records. The bill, though, provides a broader definition that encompasses the legal right to possess a vehicle and provides a rebuttable presumption that a registered owner is the legal owner. Fredrickson said it is not uncommon for individuals with multiple DWIs to escape forfeiture penalties by purchasing a vehicle, but not registering the vehicle under their own name. The bill was approved and re-referred to the Judiciary Committee.

Members also approved a bill, S.F. 625, sponsored by Sen. Linda Berglin (DFL-Mpls.), requiring the notice of the right to obtain judicial review of DWI-related vehicle forfeiture to be printed in Somali. Berglin said current law requires the notice to be printed in English, Hmong and Spanish. The bill was approved and advanced to the Senate floor.

A bill enhancing the penalty for refusing to submit to a chemical test for DWI was also approved by the panel. S.F. 603, authored by Sen. David Knutson (R-Burnsville), was advanced to the Finance Committee.

Officer benefits bills okayed
The Crime Prevention and Public Safety Committee met Wed., Mar. 12, to consider two measures relating to public safety officer and firefighters benefits. S.F. 189, authored by Sen. Lawrence Pogemiller (DFL-Mpls.), authorizes the payment of a public safety officer death benefit to the officer's estate if there is no surviving spouse or dependents. Pogemiller said the measure treats the death of an officer, who happens to be single, in the same manner as the death of a married officer. The bill was approved and re-referred to the Finance Committee. The second bill, S.F. 188, also carried by Pogemiller, modifies the policy for reimbursing public employers for certain officer and firefighter health insurance benefits. Pogemiller said under current law, the money set aside for reimbursement is distributed on a first-come, first-serve basis. The bill provides that if the funds in the account are insufficient to cover the total amount of approved claims, the reimbursement be prorated to each public employer. The measure was also approved and re-referred to the Finance Committee.

The committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), also approved a bill requiring certification for installers of multipurpose potable water piping systems. Sen. Dallas Sams (DFL-Staples), chief author, said S.F. 318 allows installers of multipurpose water piping systems, such as those used for combination fire sprinkler and household water use, to be licensed by the Dept. of Public Safety. The bill was approved and re-referred to the State and Local Government Operations Committee.

Education
Commissioner unveils standards draft
Draft standards for K-12 mathematics and language arts instruction were presented to members of the Education Committee when they assembled Tues., Mar. 11. Commissioner of the Dept. of Children, Families and Learning Cheri Pearson Yecke said members of the Minnesota Academic Standards Committee (MASC), some of whom were present at the hearing, worked hard and fast on the draft since their first meeting Feb. 19.

All 82 MASC members were dedicated to the goal of developing grade-level content standards that identify both content knowledge and skills, she said. Yecke said the draft will be discussed at 13 public meetings held from Mar. 17 to 27. The Legislature will receive the final draft Apr. 1. Yecke reviewed highlights of the drafts for Senators and noted the many resources used by MASC members in developing the documents. Lawrence Gray, a professor of mathematics at the University of Minnesota and MASC member, said the high school math standards in the draft are more explicit than the current framework. Teachers will be able to see more clearly what a student is expected to know, he said, especially if the student is preparing for post-secondary education.

Work on implementing the standard will continue over the summer, Yecke said, and assessment questions will be field tested in the spring 2004 Minnesota Comprehensive Assessments (MCAs). New versions of the MCAs, aligned to the standards, will be administered in 2005, she said. Each assessment item costs about $290 to develop and field test, Yecke said, but the federal government has appropriated $6.7 million annually for Minnesota to develop assessments that meet the requirements of the No Child Left Behind Act. Also, she said, discussions are on-going within the national organization of education commissioners to jointly develop an item bank of assessment questions. From that bank, she said, states could choose items and field test them on their own, significantly reducing costs. Yecke said the proposed cooperation does not represent a national test. She said she strongly opposes national tests, because they pre-assume a national curriculum.

Committee members, led by Sen. Steve Kelley (DFL-Hopkins), also continued their overview of various standards areas by examining reading standards. The panel heard from teachers Mary Barrett and Peggy DeLapp, as well as Al Greenfield, a retired CFL curriculum specialist. Professor of Education Deborah Dillon, University of Minnesota, also spoke to the committee.

Members of the Education Committee, chaired by Sen. Steve Kelley (DFL-Hopkins), also met Thurs., Mar. 13, to consider social studies standards.

E-12 Education Budget Division
Early childhood education budget proposal reviewed
Members of the E-12 Education Budget Division to begin considering S.F. 752, sponsored by Sen. Gen Olson (R-Minnetrista), when they met Tues., Mar. 11. The panel, chaired by Sen. LeRoy Stumpf (DFL-Thief River Falls), began its consideration of the governor's budget proposal with the early childhood education sections of the bill. Department of Children, Families and Learning staff-including Tom Melcher, Elizabeth Roe, Karen Carlson, Cherie Kotilinek and Chas Anderson-presented areas of the budget bill and answered members' questions.

E-12 bill discussed
The E-12 Education Budget Division, chaired by Sen. LeRoy Stumpf (DFL-Thief River Falls), met Wed., Mar. 12, to continue reviewing S.F. 752. The bill, carried by Sen. Gen Olson (R-Minnetrista), is the governor's proposed E-12 education budget bill. The panel focused on provisions relating to children's nutrition.

Environment and Natural Resources
Dove hunting bill gains
A bill authorizing a hunting season for mourning doves was approved Mon., Mar. 10, by members of the Environment and Natural Resources Subcommittee on Game and Fish.

S.F. 698, authored by Sen. Pat Pariseau (R-Farmington), grants the commissioner of natural resources the authority to set the season and requires a report next year on the effects of hunting on the mourning dove population.

Mike Herwig of Pheasants Forever spoke in support of the bill. He said having a season on mourning doves will provide an economic benefit to the state and encourage young people to take up hunting. John Shoers, Minnesota Outdoor Heritage Alliance, also said hunting mourning doves provides young hunters with a good introduction to the sport. He said, "It is a good time of year to introduce young people to hunting and it provides a wonderful opportunity to recruit the next generation of hunters."

Ed Boggess, DNR, said the commissioner supports the bill and provided a mourning dove fact sheet indicating hunting mortality has not limited long-term dove abundance. He said nationwide the population is estimated at 400 million birds and Minnesota has a population of about 12 million doves.

Speaking in opposition to the bill Eileen Admac said, "In a time of terror and uncertainty, I can't imagine killing a harmless songbird. Doves are a symbol of peace and to kill them is demeaning." Howard Goldman, representing Friends of Animal and the Environment and the Humane Society of America, said mourning doves have been protected in Minnesota since 1947 and nothing has changed to warrant a hunting season now. He said there is no compelling reason to authorize a season.

However, Lance Ness, Minnesota Waterfowl Assoc., said the hunting of mourning doves is an emotional issue, but there is no biological or environmental reason to not have a hunting season.

The panel, chaired by Sen. Tom Saxhaug (DFL-Grand Rapids), approved the measure for inclusion in the omnibus game and fish bill.

Members also approved a bill, S.F. 294, modifying hunting hours for migratory game birds. The measure, sponsored by Pariseau, provides that from the Saturday nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset, but on the opening day of the duck season, shooting hours for migratory game birds, except woodcock, begins at 9 a.m.

Three bills advance
Members of the Environment and Natural Resources Committee met Wed., Mar. 12, to consider three bills. Chaired by Sen. John Marty (DFL-Roseville), the panel approved and advanced all three measures.

S.F. 198, sponsored by Sen. Becky Lourey (DFL-Kerrick), terminates obligations for solid waste processing system grants for counties in which the systems have not been sustainable. The bill was re-referred to the Finance Committee. Sen. Dallas Sams (DFL-Staples) carried two bills. S.F. 336-which transfers the Minnesota Conservation Corps to the Friends of the Minnesota Conservation Corps, a non-profit corporation-was re-referred to the Finance Committee. S.F. 579, which creates the Central Lakes Regional Sanitary District, was re-referred to the Tax Committee.

Environment, Agriculture and Economic Development Budget Division
DNR budget overview heard
Representatives of the Dept. of Natural Resources provided overviews of the agencies program area budgets to members of the Environment, Agriculture and Economic Development Budget Division at a hearing Tues., Mar. 11.

The division, chaired by Sen. Dallas Sams (DFL-Staples), also heard a broad overview from Commissioner Gene Merriam. Merriam said the department's mission is to work with citizens to conserve the state's natural resources, provide outdoor recreation opportunities and provide for commercial uses of natural resources in ways that create a sustainable quality of life.

The key principles for building the budget--protecting the health of the state's natural resources, providing high profile citizen-demanded services, guarding the integrity of dedicated funds and delivering sustainable levels of products and services--are designed to provide the basis for a strong organization that achieves results for Minnesota's natural resources, Merriam said. The total revenue for the department is derived not only from the general fund, but also from federal funds, special revenue funds, the natural resources fund, the environmental trust and future resources fund and from the game and fish fund. Total revenues amount to more than $326 million.

Members then began a more detailed examination various fee increases contained in the governor's budget proposal.

DNR budget review continues
The Environment, Agriculture and Economic Development Budget Division met Thurs., Mar. 13, to continue reviewing portions of the Dept. of Natural Resources budget. Members, chaired by Sen. Dallas Sams (DFL-Staples), heard from Deputy Commissioner Mark Holsten; Bill Brice, Lands and Minerals; Mike Carroll, Forestry; Lee Pfannmuller, Ecological Services; Ron Payer, Fisheries; and Tim Bremicker, Wildlife.

Health and Family Security
Denturists bill approved
A bill creating the profession of denturism returned to the attention of members of the Health and Family Security Committee as they met Tues., Mar. 11. S.F. 179, sponsored by Sen. Sheila Kiscaden (IP-Rochester), was approved by the panel and re-referred to the Committee on State and Local Government Operations.

Kiscaden offered an amendment to the bill to address concerns raised at a previous hearing on the issue. The amendment restricts the practice of denturism to public health settings, requires denturists to ensure that prospective patients have received a certificate of oral health within 60 days and requires the Dental Access Advisory Committee to report to the Legislature, by Feb. 1, 2006, on the quality of denturist services, the cost effectiveness of denturists and the overall effect on dental access of having licensed denturists. The panel adopted the amendment.

Dr. Tim Peterson, a licensed prosthodontist, said denturists pose a significant health and safety risk. He said dentists would rather see legislative efforts to encourage more people to become dental lab personnel than the creation of another professional tier. Marshall Schragg said the Board of Dentistry has several concerns: the lack of standardized, accredited training programs in denturism; the lack of standardized competency testing; and the lack of coordination between denturists and other dental professionals, since denturists will not be governed by the Board of Dentistry. However, Dr. Carl Ebert said Dept. of Human Services data shows that only 35 percent of Minnesota dentists provide some level of public health services. He said Legislators must take decisive steps to improve dental access for the poor and elderly. Denturism is a safe, effective and cost effective alternative, he said. He noted that denturism students take over 2.5 times as much course work in teeth replacement as dental students.

Members also considered four other bills. Sen. Michelle Fischbach (R-Paynesville) carried S.F. 229. The measure expands the authority of physician assistants to include certification of physical disabilities and the ability to authorize 72-hour holds. Under an amendment, offered by Fischbach and adopted by the panel, physician assistants designated by doctors to authorize 72-hour holds must be knowledgeable, trained and practicing in the area of mental illness. The bill was sent to the Senate floor.

S.F. 593 permits adult day care providers to seek a variance to provide respite care. Under the bill, authored by Sen. Michele Bachmann (R-Stillwater), providers may expand their capacity by only one bed to provide respite care. Bob Johnson, an adult day care provider, and Jackie Cunningham Zierdt, who cares for her elderly parents, testified in support of the bill and discussed the need for respite care. The bill was re-referred to the Finance Committee to determine if it has a fiscal impact.

Sen. Linda Higgins (DFL-Mpls.) carried S.F. 433, which provides for dementia treatment training for employees of nursing homes and home care providers. Under the bill, care providers offering services specifically for persons with Alzheimer's disease or related disorders must train staff and supervisors in dementia care. Information regarding the training must be provided to consumers, under the measure. Iris Freeman, representing the Alzheimer's Association, said staff training is the highest concern of families placing individuals with dementia in nursing homes or other care. She said the measure will provide facilities with latitude regarding the required training and will improve consumer and employee satisfaction. The bill was advanced to the Senate floor.

Committee Chair Becky Lourey (DFL-Kerrick) carried S.F. 357. The bill transfers the donated dental services program from the Board of Dentistry to the Dept. of Health, exempts retired dentists participating in the program from continuing education requirements, expands the duties of dental hygienists and dental assistants in restorative procedures, modifies the duties of the Dental Access Advisory Committee and requires a study on the feasibility of developing urgent care dental clinics. The bill was laid over for further consideration due to time constraints.

Health, Human Services and Corrections Budget Division
Health, corrections boards reviewed
The Health, Human Services and Corrections Budget Division devoted the Tues., Mar. 11, hearing to a review of the governor's budget proposal for health and corrections related boards. Members, chaired by Sen. Linda Berglin (DFL-Mpls.), heard from representatives of the Ombudsman for Families, the Emergency Medical Services Regulatory Board, the Board of Dentistry, the Ombudsman for Mental Health and Mental Retardation, the Ombudsman for Corrections, the Public Defense Board and the Sentencing Guidelines Commission.

Public testimony heard
Members of the Health, Human Services and Corrections Budget Division, chaired by Sen. Linda Berglin (DFL-Mpls.), met Wed., Mar. 12, to hear public testimony on the effects of the governor's budget proposals for the Departments of Health, Human Services and Corrections.

Budget discussion continues
The Health, Human Services and Corrections Budget Division, met Thurs., Mar. 13, to continue discussion on the governor's budget proposal for FY 04-05. The division, chaired by Sen. Linda Berglin (DFL-Mpls.), heard representatives of the Dept. of Health speak on the impact of uncompensated care on the consolidation general assistance medical care and MinnesotaCare impact on providers and counties. In addition, members continued their review of the Dept. of Human Services budget proposal. Finally, representatives from the Disability Council detailed the impact of the governor's budget on their members.

Higher Education Budget Division
Institutions respond to budget
The Higher Education Budget Division met Tues., Mar. 11, to hear presentations from University of Minnesota President Robert Bruininks and MnSCU Chancellor James McCormick on their institutions' response to the governor's budget proposal for higher education.

Bruininks said, "The University is aware of the state's awesome economic challenges, but we must acknowledge that reductions of this magnitude will have long term effects." He said the cuts proposed by the governor are to the base, not to budget increases, and will bring the University back to 1998 funding levels. He said the University has two goals-to balance the budget and to make intelligent investments for the future. "The state has been very generous in recent years and the University has delivered on the investment through improvements in undergraduate education, investments in science and technology that are paying off, a revitalized medical school and an improved physical environment." Bruininks added, "Research awards from outside the state are at an all-time high."

Both Bruininks and McCormick detailed the steps their respective institutions have already taken to trim costs because of reductions in the current fiscal year and outlined the strategies needed to accommodate the further reductions proposed by the governor's budget.

Reports heard
The Higher Education Budget Division, chaired by Sen. Sandra Pappas (DFL-St. Paul), met Thurs., Mar. 13, to hear two reports. Representatives from the University of Minnesota presented a report entitled 2003 Academic Priorities and representatives of the Minnesota State Colleges and Universities system presented a report entitled Accountability Measures.

Jobs, Housing and Community Development
Mine bill advances
Members of the Jobs, Housing and Community Development Committee met Tues., Mar. 11, and took action on four bills. The panel, chaired by Sen. Linda Scheid (DFL-Brooklyn Park), approved all four measures.

S.F. 308, authored by Sen. David Tomassoni (DFL-Chisholm), specifies the duties of owners and operators when mine operations are discontinued. Current law requires mines to be maintained in salable condition for two years; the bill details the actions that must be taken to keep the mine operational. The bill was sent to the Senate floor.

S.F. 390, carried by Sen. Dallas Sams (DFL-Staples), provides for job enhancement as a goal of business financing programs and converts the Minnesota investment fund to a revolving loan fund. The measure was re-referred to the Finance Committee.

The final two bills were sent to the full Senate. S.F. 67, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), authorizes Koochiching County to establish a port authority and authorizes local units of government to apply for foreign trade zone powers. S.F. 668, carried by Sen. Steve Kelley (DFL-Hopkins), clarifies the authority of the Hennepin County Housing and Redevelopment Authority.

Youth referee bill approved
A bill making an exception in the child labor law to allow children under 14 to work as referees in ice hockey leagues was granted approval Thurs., Mar. 11, by the Jobs, Housing and Community Development Committee.

S.F. 745, sponsored by Sen. Linda Higgins (DFL-Mpls.), specifies that the child may be employed as a youth athletic program referee, umpire, or official for an age bracket younger than the child's own age if an adult is present and parents have given written consent. Joel Carlson, representing the Minnesota Hockey Association said currently, in order to get a waiver to allow a young person to referee, there must be individual applications to the Dept. of Labor and Industry. The bill allows a blanket waiver for this particular activity, Carlson said. Acting Commissioner Robin Kelleher said the department supports the bill because there are adequate safeguards for young people contained in the bill.

Sen. Michele Bachmann (R-Stillwater) offered an amendment on behalf of youth soccer, to allow a similar exemption. The amendment eliminates the requirement that the child officiate only in those games where the participants are younger as long as the child is not the lead referee, umpire or official. Kelleher said she had not had time to study the implications of the amendment and was reluctant to support it. Higgins suggested the amendment be introduced as a separate bill to accommodate youth soccer. Bachmann withdrew the amendment and the bill was advanced to the full Senate.

Members also approved a bill, S.F. 511, designating Victory Memorial Drive as a Historic District in Minneapolis. The measure was also sponsored by Higgins.

Sen. Don Betzold (DFL-Fridley) sponsored a bill authorizing the use of wage and employment data by an agency of another state that is designated as the performance accountability and consumer information agency for that state pursuant to federal law. The bill was approved and re-referred to the Judiciary Committee.

Judiciary
Child support changes discussed
The Judiciary Subcommittee on Family Law devoted the Tues., Mar. 11, meeting to a discussion of two measures making changes in Minnesota's child support law. The subcommittee, chaired by Sen. Thomas Neuville (R-Northfield), took no formal action on the bills.

S.F. 751, authored by Sen. David Hann (R-Eden Prairie), reforms and recodifies the laws relating to marriage dissolution, child custody, child support, maintenance and property division. S.F. 600, sponsored by Neuville, replaces current child support guidelines with guidelines that factor in the income of both parents in determining a child support obligation. Both measures use an "income shares" model for determining child support. Current law specifies that the income of the obligor is used to calculate child support.

Members heard background information and testimony on the bills from R. Mark Rogers, an economic consultant, and from representatives of the Dept. of Human Services.

Cooperative association bill okayed
The Judiciary Committee, chaired by Sen. Don Betzold (DFL-Fridley), met Thurs., Mar. 13, to consider a variety of bills.

S.F. 679, authored by Sen. Rod Skoe (R-Clearbrook), authorizes businesses to organize as cooperative associations. Skoe said the bill allows co-ops to organize as unincorporated associations. The measure merges the co-op law with provisions governing limited liability companies. The measure sets forth the general provisions governing the state's administration of cooperative associations, the organizational requirements for cooperatives, the powers and authorities of a cooperative, provisions governing the directors and officers of a cooperative, requirements for members, provisions governing allocations and distributions to members, provisions authorizing the merger, division, exchange, conversion and domestication of a cooperative and the provisions relating to dissolution of a cooperative.

The bill was approved and re-referred to the Commerce and Utilities Committee.

The committee also approved a bill that limits liability for public notification of an emergency. S.F. 673, sponsored by Sen. Julianne Ortman (R-Chanhassen), provides immunity for broadcasters for good faith notification of the public about an emergency through the Emergency Alert System, the Amber Alert System or a notification requested by a government entity. Jim DuBois, Minnesota Broadcasters Association, supported the bill and said, "The bill enhances public safety by encouraging broadcasters to participate in EAS broadcasts without fear of litigation." The bill was advanced to the Senate floor.

A bill providing for licensure for professional counseling was also advanced. The measure, S.F. 304, authored by Sen. Sheila Kiscaden (IP-Rochester), was in the committee because of a provision that prohibits a licensed professional counselor from disclosing client communications without consent, except for disclosures required under the child and vulnerable adult laws. The bill was amended to also allow disclosures necessary to protect the health or safety of the licensee, the client or another person. The bill was approved and re-referred to the State and Local Government Operations Committee.

Members also approved and recommended for placement on the Consent Calendar a bill clarifying the qualifications of persons making decisions regarding civil commitments and emergency holds. S.F. 578, carried by Sen. Leo Foley (DFL-Coon Rapids), provides that registered nurses working in an emergency room of a hospital be among those authorized to make recommendations.

Rules and Administration
Instant runoff voting clears first round
A bill authorizing instant runoff voting in Minnesota for national and statewide offices cleared its first committee hearing Wed., Mar. 12, as the Rules and Administration Subcommittee on Elections re-referred the measure to the full committee. Chaired by Sen. Linda Higgins (DFL-Mpls.), the panel also advanced two other pieces of legislation to the full Rules and Administration Committee.

Under instant runoff voting, voters rank candidates in order of preference. If no candidate wins a majority of votes on the "first choice" round of voting, then second-choice votes are counted. The system continues until a candidate achieves a majority of votes cast. Under S.F. 629, the system applies to congressional and presidential elections and elections for state constitutional officers. Statutory cities may adopt the system for municipal elections by referendum and home rule charter cities may amend their charter to adopt the system, under the measure. The bill, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), requires the secretary of state to report to the Legislature on Jan. 15 of each even-numbered year on the readiness of the state to implement instant runoff voting.

Bruce Kennedy, Fair Vote Minnesota, said the concept was invented in the 19th century and has been used successfully in many countries, including Australia and Ireland. Many cities, he said, have adopted the system and are preparing to implement it. Kennedy noted that voters at a party nominating convention would not accept the results of a first ballot plurality as final. However, he said, general election voters must do so. The current system does not do an accurate job of reflecting the public's will, Kennedy said, and ignores the depth and breadth of support for candidates. A major obstacle, he said, is technology. The technology exists, Kennedy said, to implement the system but is not widespread throughout the state. When electronic scanners than can read instant runoff ballots are available in every precinct, he said, results can be centralized to facilitate quick data computation. That time is probably a few years away, he said.

Members also approved S.F. 7, carried by Sen. John Marty (DFL-Roseville). The bill makes it easier to vote by absentee ballot and repeals the specific reasons a voter must give to vote by absentee ballot. The measure also applies for voting by facsimile transmission and authorizes election officials to deliver absentee ballots via commercial delivery services at the voter's expense. S.F. 7 also codifies last year's Supreme Court decision requiring election officials to deliver official supplemental ballots to absent voters who request delivery of supplemental or replacement ballots.

Scheid also authored S.F. 152, establishing the Help America Vote Act account in the state treasury. The Help America Vote Act was passed by Congress last October to provide funding for voting machine upgrades and other election reforms. "While our voters are excellent at voting," Secretary of State Mary Kiffmeyer said, the federal money is beneficial. She said the state will receive about $22 million this year under the federal law, but must meet maintenance of effort requirements. Sen. John Hottinger (DFL-St. Peter) offered an amendment requiring the money to be released to the secretary of state only after it is appropriated by the Legislature. The amendment was adopted.

Bill referrals decided
The Rules and Administration Subcommittee on Bill Referral, chaired by Sen. Ann Rest (DFL-New Hope), met Thurs., Mar. 13, to decide the appropriate destinations for two bills. Both bills had originally been referred from a standing committee to the floor of the Senate, however a member objected to the referral. Under Senate Rules any member may object to the referral of a bill, either upon introduction or within a committee report.

The two bills, S.F. 203, authored by Sen. Linda Higgins (DFL-Mpls.), restricting the use of phosphorus containing dishwashing detergents sale or use, and S.F. 330, sponsored by Sen. Lawrence Pogemiller (DFL-Mpls.), prohibiting an increase in property tax rates, were both moved to the Senate floor after members determined the bills need not be heard by another committee.

State and Local Government Operations
County park bill heard
The State and Local Government Operations Committee, chaired by Sen. Jim Vickerman (DFL-Tracy), met Mon., Mar. 10, to consider two measures.

S.F. 484, authored by Sen. Betsy Wergin (R-Princeton), authorizes counties to require the dedication of land for public parks. The provision is identical to a provision allowing municipalities to require that a portion of a proposed subdivision be dedicated for public use. The measure was laid over for further consideration after members discussed the financial implications.

Members also delayed action on S.F. 414, sponsored by Sen. Thomas Bakk (DFL-Cook). The bill specifies that in an action brought challenging the validity of a municipal contract, the court shall not award damages as part of its judgment, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid and attorney's fees.

Vickerman said both bills will be heard at a later hearing.

MAC chair bill heard
A bill requiring legislative confirmation of the chair of the Metropolitan Airports Commission was approved at the Wed., Mar. 12, meeting of the State and Local Government Operations Committee.

S.F. 602, authored by Sen. Ann Rest (DFL-New Hope), provides that the chair of the Metropolitan Airports Commission be confirmed by the Senate and clarifies the terms of office of the members of the commission. The bill was approved and re-referred to the Finance Committee.

The panel, chaired by Sen. Jim Vickerman (DFL-Tracy), heard three additional bills. One measure, S.F. 486, sponsored by Sen. Yvonne Solon (DFL-Duluth), sparked considerable discussion. The bill clarifies what constitutes a denial of a request relating to zoning, permits, licenses or other needed governmental approval under the 60 day rule. The measure sets forth definitions, clarifies deadlines, and provides for a remedy.

Representatives of several local government associations spoke in support of the measure. Kent Sulem, Minnesota Association of Townships, and Tom Grundhoefer, League of Minnesota Cities, said current law has resulted in numerous lawsuits and the bill provides needed clarification. However, representatives of builders, Realtors and developers all spoke in opposition. Solon asked that the bill be laid over in order to work out language to address concerns of the various parties.

The committee approved a bill authorizing the commissioner of administration to issue written opinions regarding compliance with the open meeting law. S.F. 316, sponsored by Sen. John Marty (DFL-Roseville), gives the Dept. of Administration the authority to give advisory opinions upon request and provides for a fee. Marty said that under current law there is no recourse for news organizations or citizens if they believe there is a violation of the open meeting law. Marty said the language in the measure parallels language in the Data Privacy Act. The bill was approved and re-referred to the Judiciary Committee.

S.F. 512, authored by Sen. Mark Ourada (R-Buffalo), removes the city of Rockford from the jurisdiction of the Metropolitan Council. The bill was approved and recommended for placement on the Consent Calendar.

State Government Budget Division
Demographic info heard
The State Government Budget Division began the Tues., Mar. 11, meeting by hearing from State Demographer Tom Gillaspy about the changes in population in Minnesota's communities of color.

Gillaspy said Minnesota's population increased by 12.4 percent in the 1990s, which is just under the national growth of 13.2 percent. He said minority populations accounted for 57 percent of the growth and that minority populations now comprise 11.8 percent of Minnesota's population, up from 6.3 percent in 1990.

Gillaspy said that the Hispanic or Latino population increased the most during the 90s, but he added that Hispanic or Latino is an ethnicity, not a race and that Hispanic or Latino people may be of any race. Other groups experiencing rapid growth are Asian and Pacific Islander and Black or African American.

Members, chaired by Sen. Jane Ranum (DFL-Mpls.), then turned their attention to the budgets for the Black Minnesotans Council, the Chicano Latino Affairs Council, the Asian-Pacific Minnesotans Council and the Minnesota Indian Affairs Council. Senate Fiscal Analyst Kevin Lundeen said the governor's budget proposal reduces each council's budget by about 20 percent and recommends consolidation of administrative functions.

The division also discussed the governor's budget proposal for the Dept. of Human Rights.

Budget reviews continue
The State Government Budget Division, chaired by Sen. Jane Ranum (DFL-Mpls.), continued reviewing the governor's budget proposal at a Wed., Mar. 12, hearing. The panel focused on the budgets of the Secretary of State's Office and the Attorney General's Office.

Budget overviews for veterans groups heard
Members of the State Government Budget Division met Thurs., Mar. 13, to review the budgets of the Department of Veterans Affairs, the Military Order of the Purple Heart, the Veterans of Foreign Wars and Disabled American Veterans. The panel is chaired by Sen. Jane Ranum (DFL-Mpls.).

Governor's and Auditor's budgets heard
Members of the State Government Budget Division, chaired by Sen. Jane Ranum (DFL-Mpls.), met Fri., Mar. 14, to consider the budgets for the Office of the State Auditor and the Governor's Office. State Auditor Pat Awada and Robert Schroeder, Governor's Office, presented the offices' budgets.

Transportation Policy and Budget Division
DWI fee increase gains
A $50 increase in the fee charged to restore a DWI offender's revoked driver's license was approved by members of the Transportation Policy and Budget Division when the panel met Thurs., Mar. 13. S.F. 411, sponsored by Sen. Jane Ranum (DFL-Mpls.), also reallocates fee revenues among accounts.

Ranum said the driving force behind the legislation is the need to deal with the effects of brain injuries resulting from alcohol-related crashes. Over 94,000 Minnesotans, she said, live with disabilities due to brain injuries, and brain injury is the leading cause of death and disability in children and adults under the age of 44. The fee increase and revenue reallocation will help expand a program offering assistance and education for persons with brain injuries and their families, Ranum said. Mark Jenson, a Wells resident, recounted his family's experience with his son's brain injury, caused by a drunk driver three years ago. "My wife and I are living with a son we no longer know," he said, because his son's personality has changed so dramatically. Jenson said his son has become violent and dangerous to himself and others and could "end up behind bars later in life while the driver who hit him walks free." Tom Gode explained the pilot project, established by the Brain Injury Association, that may serve as a model for the expanded assistance effort, under the bill.

The bill raises the fee from $250 to $300 and allocates 17 percent of revenues to the trunk highway fund, 56 percent to the general fund, 7 percent to the Bureau of Criminal Apprehensions (BCA) account and 20 percent to the traumatic brain injury and spinal cord injury (TBI/SCI) account. The current allocations are 20 percent, 67 percent, 8 percent and 5 percent, respectively. Sen. Julianne Ortman (R-Chanhassen) offered an amendment changing the allocations to 26 percent for the trunk highway fund, 56 for the general fund, 8 percent for the BCA account and 10 percent for the TBI/SCI account. Ranum, speaking against the amendment, noted that even though the bill reduces the percentages, the dollars flowing to each account actually grow after the fee increase. Gode said the TBI/SCI account was established in 1991 in recognition of the fact that brain injuries are the major cost resulting from crashes. The amendment was defeated on a 4-6 roll call vote. Sen. Mady Reiter (R-Shoreview) said drivers must already bear significant costs in reinstating their licenses after an offense and may be deterred from carrying automobile insurance if the costs are too high. She said she was hesitant to raise fees at this time. The bill was approved and advanced to the full Finance Committee on a 10-1 roll call vote.

Members also approved three other bills and advanced them to the full committee. S.F. 210, authored by Sen. Carrie Ruud (R-Breezy Point), authorizes emergency vehicles to display blue lights, without restriction as to the lights' placement. Sen. Rod Skoe (DFL-Clearbrook) carried S.F. 762, which permits the Dept. of Transportation to enter into agreements with tribal authorities. The department is already authorized to enter into similar agreements with local units of government. S.F. 352, sponsored by Sen. Thomas Bakk (DFL-Cook), allows for the reconveyance of land from the state to Cook County. The land was originally conveyed to the county for an airport in the 1960s, but the deed required the land to return to the state if the airport closed. Bakk said the county intends to use the land for an air park.

In other action, Association of Minnesota Counties Policy Analyst Carol Lovro provided information on highway construction processes. Lovro was joined by Anoka County Commissioner Dennis Berg, Sherburne County Commissioner Dave Schwarting and Anoka County Engineer Doug Fischer.

 

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