Highlights

"I deeply regret I am bringing forward a division proposal with base cuts to our higher education institutions," Pappas said. "We did maintain a core goal of the division's by maintaining student choice," she added.

The proposal contains an 8 percent cut in base funding for the University of Minnesota and the MnSCU system, which is less than the governor's proposal for a 15 percent cut, Pappas said. She also said the bill maintains the grant program at the 2003 level of $240 million. She said the division's proposal does not fund growth in the grant program the way the governor's proposal does, but the governor's proposal does so at the expense of core funding in the public institutions.

The bill appropriates a total of $2.7 billion from the general fund for higher education. Under the bill, the Higher Education Services Office receives $310 million, the MnSCU system receives $1.91 billion, the University of Minnesota receives $1.98 billion and the Mayo Medical Foundation receives $2.7 million in general fund appropriations. The measure also contains a mixture of division and gubernatorial proposals. The bill also lowers the child care grant award level from $2,600 to $2,200 in an effort to include more recipients. The measure incorporates the governor's proposal for Minitex, MnLink and the Learning Network of Minnesota, as well as the governor's recommendation for the Minnesota college savings plan and agency administration.

Pappas said the proposal makes an 8 percent cut to the base for MnSCU and the University of Minnesota and a 15 percent cut for the Mayo Medical Foundation. The bill also includes provisions from S.F. 641, authored by Sen. Claire Robling (R-Jordan), requiring postsecondary students to be provided with information about meningitis. In addition, the proposal contains a bill, sponsored by Pappas, that prohibits credit card marketing to students at post secondary institutions.

The measure also changes the calculation for cost of attendance by using average tuition and fees, rather than actual tuition and fees in the calculation. The bill specifies that fees include only those fees that are mandatory and charged to all students attending the institution.

Another provision in the proposal, containing language from a bill sponsored by Sen. Becky Lourey (DFL-Kerrick), authorizes the Fond du Lac Tribal and Community College to offer two baccalaureate programs. Finally, the bill incorporates the governor's proposal to allocate 6.5 cents of the cigarette tax to the Academic Health Center. However, Pappas said the measure contains a provision specifying a floor of $22.5 million for the appropriation.

Revised standards discussed
Revisions, gathered from recommendations and comments solicited at public hearings, to proposed academic standards were presented to members of the Education Committee by Cheri Pierson Yecke, commissioner of the Dept. of Children, Families and Learning.

Yecke told committee members, chaired by Sen. Steve Kelley (DFL-Hopkins), that the total number of standards was reduced by 30 percent, in both language arts and mathematics, from the first draft to the revised draft. When members of the Minnesota Academic Standards Committee (MASC) met, Yecke said, she told them to keep in items that they might have doubts over. Such items would be easier to revise or remove after public comments, she said. Yecke said members of the public suggested reducing the number of kindergarten standards to accommodate the many half-day kindergarten programs in the state. She said the new standards give flexibility to districts while ensuring that all students are at the same level by the end of second grade. Yecke also reviewed other changes made to the standards document. She said the next step is to seek more input from national experts in issue areas. After that, she said, a final decision must be made by the Legislature. Yecke noted that other states have not put their standards in rule, but have instead created guidance documents that cannot be changed without a public review and comment process.

In fielding questions from the panel, Ellen Delaney said the standards have a dual purpose. Delaney, a MASC member, said some items will be very difficult to test, but the standard is meant to ask teachers to ensure that students have certain skills and knowledge. She said standards were placed at levels where MASC members believed all students should be expected to have mastered the knowledge.

Yecke said the standards committee was trying to draft curriculum-neutral standards for the benefit of school districts. She said districts should get rid of materials that don't support good classroom instruction, but districts will be able to support their remaining materials with the emphasis of the standards. Yecke also explained the testing window identified by the department for evaluating student achievement. Ideally, she said, students would be tested on the last day of the year. However, reporting requirements and other issues require testing to occur earlier, so the department settled on the first two weeks of May.

Other MASC members--including Charlene Briner, Gary Davison, Bert Fristedt and Wendy Swanson-Choi--offered comments on the revised standards. Barbara Taylor, a professor at the University of Minnesota, also presented her evaluation of the language arts standards.

24 hour waiting period bill passed
Much of the Mon., Apr. 14, floor session centered on a debate over the process by which the bill requiring a 24-hour waiting period before an abortion takes place was brought to the Senate floor. Members of the other body attached the measure to S.F. 187, a bill that eliminates a prohibition on circus performances around the time of the Minnesota State Fair.

Sen. Steve Dille (R-Dassel), chief author of S.F. 187, moved that the Senate concur with the amendments placed on the bill by the other body. Sen. John Hottinger (DFL-St. Peter) moved that the Senate not concur and request the appointment of a conference committee. Hottinger's motion is a higher motion, under Senate Rules, and was acted upon first.

Dille reviewed the amended language, also referred to as the "Women's Right to Know." He said the measure expands on current informed consent requirements. The bill explains what a physician must to provide a patient with full knowledge and facilitate her informed consent, he said. The bill requires the physician to discuss with the woman the risks of abortion, the probable gestational stage of the fetus and the risks of carrying the fetus to term. The measure also requires the physician to offer information regarding the possibility of receiving state assistance for caring for the child after it is born and actions that can be taken to enforce the father's legal responsibilities for the child. The physician must also offer the woman information, in a variety of forms prepared by the Dept. of Health (MDH), regarding adoption, fetal development and fetal pain, under the bill. The measure exempts abortions that must be performed because of a medical emergency from the informed consent requirements. The amendment also imposes reporting requirements upon physicians, including the number of abortions performed, the number of women provided the required information, whether the information was provided by the physician performing the abortion or the referring physician, the number of women who accepted the MDH information and the number of emergency abortions performed without fulfilling the informed consent requirements.

Almost 15,000 abortions were performed in Minnesota in 2001, Dille said. Of those, he said, 4,000 women reported they were using contraceptives when they got pregnant and about 6,000 women were having their second or later abortion. While such provisions are not in the bill, Dille said, the state needs to keep emphasizing birth control and continue funding programs that seek to reduce unintended pregnancies. "With the technology available today, there is no reason to have that failure rate," he said. Dille noted that 16 other states have passed right-to-know laws. All of the states in the Upper Midwest, he said, have adopted similar laws, except Minnesota and Iowa. He said that sterilization procedures, such as tubal ligation and vasectomies, require 30-day waiting periods when Medical Assistance dollars will be used to fund them. It is reasonable, he said, to have a one-day waiting period for abortions.

Several members spoke about the process that brought the bill to the Senate for action. "The last time I was this nervous speaking before this body was nine years ago," said Sen. Jane Ranum (DFL-Mpls.), speaking in support of the Hottinger motion. The real issues, she said, is not women's rights or one's views on abortion, but "the very independence of the Minnesota Senate as an institution and the independence of its members." The public has known since November that the Legislature would pass and the governor would sign a right-to-know bill, she said. However, Ranum said, Senators of all parties have always taken pride in the body's history of deliberation, independence from the other body and civility. In recent years, she said, she heard discussion of the days when it was the rule that public policy could be debated on the floor and in committee, with bipartisan cooperation and without name-calling. Some in the Legislature and in the public have claimed that former Gov. Jesse Ventura was to blame, she said. "We are kidding ourselves if we blame him," Ranum said, because it was not his doing. Rather, she said, big money has taken a dominant role in legislative activity. Ranum cited recent increases in the number of lobbyists and the amount of money spent to influence policy. According to a report from the Campaign Finance and Public Disclosure Board, she said, almost $200,000 per Legislator was spent in 2002 to influence policy. A vote not to concur with the other body's amendments, Ranum said, says that enough is enough.

Hottinger noted that the original provisions of S.F. 187 aren't in the version of the bill sent back from the other body. In conference committee, the Senate will have an opportunity to take a thoughtful position and negotiate provisions considered controversial even by some who support right-to-know language, he said. Sen. Yvonne Solon (DFL-Duluth) said she had amendments to the bill that she would have offered, but the process by which the bill came to the Senate for a vote prevented her, or any other Senator, from offering amendments.

Sen. Dean Johnson (DFL-Willmar) said that as a Legislator who supports the right-to-know provisions, he has wrestled with the issue of accepting the procedures that brought the provisions to the Senate floor. Johnson said he would have preferred the Senate had taken up waiting period legislation earlier in the session, but that it was now too late for such action to occur. However, he warned members that rules in the other body are sufficiently different from Senate Rules to permit substantial, dramatic changes to any legislation. "If it can happen on this bill, it can happen on any other bill," Johnson said. Sen. Linda Berglin (DFL-Mpls.) reminded Senators that none of the original bill, relating to circuses, was in S.F. 187 anymore. If this were any other issue, she said, the Senate would immediately have voted to send the bill to conference committee.

However, Sen. Claire Robling (R-Jordan) said the procedural issue was about the independence, not of the Senate, but of the individual. Sending the bill to a conference committee means only three Senators, she said, will make decisions about the bill. Today, we can vote individually and finally on the measure, Robling said. Members of the majority should not cry out about the process, said Sen. Thomas Neuville (R-Northfield). The process is abused, he said, and members of the minority could list numerous times where their amendments and bills have been frustrated by procedural rulings. The bill does not need to go to conference committee, Neuville said, because members know how they want to vote on the provisions. Dille also noted that several years ago, members on both sides of the issue tried to find a compromise with the governor, only to find that the compromise they reached wasn't palatable to any of their colleagues. It is time for a right-to-know bill to pass and be signed, he said.

Senators also discussed the merits of the legislation. Sen. Linda Berglin (DFL-Mpls.) said that if the bill is passed, it will be the first bill of the session spending state money. The appropriations contained in the bill, she said, are not reflected in the governor's budget. The bill adds new positions to the state bureaucracy, Berglin said, at a time when government is being downsized. The real cost of the bill is much higher than the appropriations it contains, she said, because of the costs of a legal challenge. Accepting the bill, she said, will mean $700,000 in additional cuts or a reserve account that is $700,000 smaller. The measure will also regulate obstetric physicians out of business, she said, because the risks of practicing in that area of medicine will be too high.

Sen. Linda Scheid (DFL-Brooklyn Park) said physicians are already facilitating informed consent. She said that doctors won't even prescribe antibiotics for recurring infections over the phone, but the measure permits them to provide information about the probable age of the fetus and other information over the phone, without even seeing the patient. However, Sen. Sean Nienow (R-Cambridge) said the intent of the provision was to make it easier for women and physicians to comply with the law.

Sen. Michelle Fischbach (R-Paynesville) said the bill boils down to giving women information about an important procedure. She noted that there are many other bills granting rights to know to other parties, including to consumers about pesticide application. Sen. Mike McGinn (R-Eagan) said the decision to abort a fetus cannot be rescinded and the effects are often long-term for the mother. Women should be given additional information and a short waiting period makes sense, he said. However, Sen. Scott Dibble (DFL-Mpls.) said it is the height of condescension to believe that women have not considered this decision before they see a physician. Similar language has reduced abortions by half in Louisiana, said Sen. Warren Limmer (R-Maple Grove). States without right-to-know laws that neighbor states that have recently passed waiting period language, said Sen. Becky Lourey (DFL-Kerrick), have seen their abortion numbers climb.

The Hottinger motion not to concur was defeated on a 31-35 roll call vote. The Dille motion to concur with the amendments was approved, 40-26. S.F. 187 was repassed, 41-24. Senators also defeated a motion to reconsider the vote, 24-41.

In other action, Senators concurred in amendments to S.F. 790. Carried by Sen. Sheila Kiscaden (IP-Rochester), the bill recodifies and reorganizes the background study provisions in the Human Services Licensing Act. Kiscaden said the amendments involved a five-word technical change. The bill was repassed, 64-0.

Committee update

Capital Investment
Bonding bill approved
Members of the Capital Investment Committee met briefly Mon., Apr. 14, to approve S.F. 2, the omnibus bonding bill. The measure provides for over $400 million in projects, most of which were voted by then-Gov. Jesse Ventura last year.

Sen. Keith Langseth (DFL-Glyndon), chief author and committee chair, said about $50 million in new projects are included in the bill, such as $10 million for the Minneapolis Community and Technical College to acquire land from the Billy Graham Evangelistic Association and $5 million to match federal funds for the Neighborhood House in St. Paul. S.F. 2 also includes about $24.5 million to deal with on-going effects of flooding in Northwestern Minnesota in late 2001.

Members also discussed funding for the Northstar Commuter Rail project. Langseth said the bill includes $10 million as a placeholder figure and a final amount will be negotiated with the other body. However, Sen. Dean Johnson (DFL-Willmar) said the Senate should consider what amount will really be needed to secure federal involvement and investment in the line. Michael Schadauer, Dept. of Transportation project manager for Northstar, said the latest indication from the federal government is that at least half of the local share of $151 million must be dedicated to the project. He said money has been raised towards the $75.5 million goal, but a little less than $50 million remains. Schadauer said $25 million is needed to pay for the final project design.

Sen. Linda Berglin (DFL-Mpls.) said it may not be appropriate for the bill to include money for improvements at the Brainerd Regional Treatment Center. The governor's budget, she said, proposes phasing out the regional treatment centers. Sen. Paul Koering (R-Fort Ripley) said putting the Brainerd treatment center residents into the community is the wrong decision. He also spoke in favor of bonding for cleaning up the Hennepin Paper Company facility in Little Falls. About $3.8 million in federal funding is contingent on a $1 million state investment, he said, to clean up asbestos in the facility that straddles the Mississippi River.

Though the projects are not in his district, Sen. David Gaither (R-Plymouth) spoke out in support of bonding for the Guthrie Theater, Children's Theatre and Minnesota Zoo. These facilities are vitally important to my constituents, he said. The projects were included in the vetoes last year.

Members approved the bill and advanced it to the Finance Committee on a voice vote.

E-12 Education Budget Division
Profile repeal advances
A bill repealing the Profile of Learning and replacing it with new statewide standards in six learning areas gained the approval of members of the E-12 Education Budget Division, Mon., Apr. 14. The panel, chaired by Sen. LeRoy Stumpf (DFL-Thief River Falls), advanced the measure to the full Finance Committee.

S.F. 639 implements state standards designed to meet and exceed the requirements of the federal No Child Left Behind Act, said Sen. Steve Kelley (DFL-Hopkins), chief author. The bill does not impose new costs on school districts, he said, to implement new standards. However, enactment of the legislation will cost the state money to design new tests to evaluate student achievement of the standards, which is required by NCLB. Stumpf said no fiscal note has been forthcoming, even though one was requested about one and a half months ago.

Members discussed numerous provisions in the bill and heard testimony from both supporters and opponents of the bill. Sen. David Gaither (R-Plymouth) offered an amendment replacing the bill's language with language passed in the other body. The language reflects the procedure used by the Dept. of Children, Families and Learning (CFL) to use the Minnesota Academic Standards Committee to set new standards to replace the Profile. The amendment was defeated on an 8-9 roll call vote. S.F. 639 was approved, 9-8. Kelley pledged not to take up the bill until a fiscal note was received from CFL and the Dept. of Finance.

In other action, the panel approved S.F. 875, carried by Stumpf, for inclusion in the division's omnibus bill. The measure is the department's technical bill. Members also approved S.F. 1211, sponsored by Kelley, which includes a variety of education policy initiatives. The legislation was tabled, however, to await a fiscal note before it is included in the omnibus appropriations bill.

Two bills were approved for inclusion in the division's omnibus bill. S.F. 766, carried by Kelley, creates an education telecommunications fund. S.F. 1344, authored by Sen. Rod Skoe (DFL-Clearbrook), is the department's policy bill. Members also discussed S.F. 684, sponsored by Kelley, which appropriates money to promote professional teaching standards. The bill was laid over for possible inclusion in the omnibus E-12 budget bill.

Library bills heard
The E-12 Education Budget Division continued hearing bills for possible inclusion in the panel's omnibus bill at the hearing Tues., Apr. 15. The division, chaired by Sen. LeRoy Stumpf (DFL-Thief River Falls), heard two measures relating to libraries.

S.F. 861, sponsored by Sen. Rod Skoe (DFL-Clearbrook), establishes a Minnesota State Library Board. Skoe said the board would be the leading voice and advocate for public, kindergarten through grade 12 school, academic, government and special libraries in the state. S.F. 756, authored by Sen. Thomas Bakk (DFL-Cook), provides an appropriation for an electronic library. The measure specifies that the appropriation be used for statewide licenses to on-line databases selected in cooperation with the Higher Education Services Office for school media centers, public libraries, state government agency libraries and public or private college or university libraries.

Members also considered three additional bills for possible inclusion in the omnibus bill. S.F. 507, authored by Sen. Mee Moua (DFL-St. Paul), dedicates a portion of the statewide property tax for the payment of adult basic education aid. S.F. 1072, carried by Sen. Sandra Pappas (DFL-St. Paul), encourages school districts to reduce school bus emissions and permits school districts to provide repairs and technologies to protect students from emissions.

S.F. 435, authored by Sen. Julianne Ortman (R-Chanhassen), adjusts school district financial reporting dates. A portion of the bill, creating a notification process for operating referenda and debt elections, was approved for inclusion in the omnibus bill. Another section, regulating school district elections for obligations, must be heard by the Rules and Administration Committee. Members indicated the provision adjusting financial reporting dates needed continued work.

Environment, Agriculture and Economic Development Budget Division
Lands bill advances
The Environment, Agriculture and Economic Development Budget Division, chaired by Sen. Dallas Sams (DFL-Staples), met Mon., Apr. 14, to consider a variety of bills for inclusion in the division's omnibus bill. In addition, the panel approved a bill providing for the acquisition of state lands and adding to and deleting from various state parks, recreation areas, state forests and wildlife areas. S.F. 935, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), is the annual state lands bill. The measure also establishes Greenleaf Lake State Park, establishes a mineral coordinating committee and modifies the Mississippi Whitewater Trail. The bill was advanced to the full Finance Committee.

Members also considered a bill aimed at preventing chronic wasting disease in cervidae. S.F. 548, authored by Sen. Steve Dille (R-Dassel), 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 be registered with the Board of Animal Health. The bill requires surveillance for CWD and specifies that any movement of animals must be reported. 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.

The division considered several bills relating to economic development. S.F. 921, authored by Sen. Linda Scheid (DFL-Brooklyn Park), provides grants for job training programs. S.F. 1051, also carried by Scheid, provides appropriations for Women Venture and the Metropolitan Economic Development Association. S.F. 1285, carried by Sen. Gary Kubly (DFL-Granite Falls), reinstates money for Minnesota economic opportunity grants. S.F. 580, sponsored by Sams, provides for an appropriation for the Agriculture and Food Science Academy.

Members also heard a bill providing money for the Metropolitan Regional Park System. S.F. 647, authored by Sen. Ellen Anderson (DFL-St. Paul), appropriates $4 million in each year of the biennium for maintenance and operation of Metropolitan Area regional parks.

S.F. 1065, sponsored by Sen. Julie Rosen (R-Fairmont), recodifies and clarifies plan pest, pest control and seed laws. S.F. 636, carried by Scheid, requires vapor recovery equipment for gasoline deliveries in the Metropolitan Area.

ATV bill debated
A bill limiting ATV use, while expanding designated trail use, was approved at the Tues., Apr. 15, meeting of the Environment, Agriculture and Economic Development Budget Division.

S.F. 850, sponsored by Sen. John Marty (DFL-Roseville), moves the state forward in the designation of off-highway vehicle trails and in the regulation of off-highway vehicles. Marty said the bill is trying to strike a balance between environmental protection and allowing the recreational activity to proceed.

Sen. Carrie Ruud (R-Breezy Point) said, we have worked very hard to craft four bills into a proposal that gets good trails on the ground. It is a great recreational sport, Ruud said, but we need to protect the environment. Many groups and organizations throughout the state have given their support to this bill, she said.

Members concentrated on the financial provisions in the measure. However, members adopted a series of amendments that were primarily technical in nature. One amendment, though, spurred controversy. As a result, the division laid the bill over until a future hearing.

In other action, the division, chaired by Sen. Dallas Sams (DFL-Staples), considered several additional bills for inclusion in the panel's omnibus appropriations bill. S.F. 198, authored by Sen. Becky Lourey (DFL-Kerrick), authorizes the director of the Office of Environmental Assistance to terminate the obligations of Chisago, Fillmore, Isanti, Kanabec, Mille Lacs, Pennington, Pine, St. Louis and Wright Counties for waste processing grants. S.F. 336, carried by Sams, moves the Minnesota Conservation Corps to the Friends of the Minnesota Conservation Corps, an existing nonprofit corporation, and provides an appropriation. Another bill sponsored by Sams, S.F. 390, provides that job enhancement is a goal of business financing programs and converts the Minnesota Investment fund to a revolving loan fund. A third measure sponsored by Sams, S.F. 1086, modifies provisions relating to the petroleum tank release cleanup fund.

S.F. 532, sponsored by Sen. Keith Langseth (DFL-Glyndon), provides for grants for the farm wrap network and the rural help network. S.F. 981, also carried by Langseth, appropriates money for a high-resolution digital elevation and flood plain management mapping pilot project.

S.F. 1089, authored by Sen. Scott Dibble (DFL-Mpls.), appropriates money for the Minnesota employment center for people who are deaf or hard of hearing.

The division also discussed S.F. 503, sponsored by Sen. Steve Murphy (DFL-Red Wing), relating to septic systems and establishing a task force. The bill was amended to provide for a surcharge for individuals buying septic tanks, provide for loans to upgrade systems and authorize a pilot program in five counties.

Finally, members heard a budget overview from the Housing Finance Agency.

Finance
Bonding, pay differential bills okayed
Two measures were granted approval by members of the Finance Committee, chaired by Sen. Richard Cohen (DFL-St. Paul), during a brief Wed., Apr. 16, meeting. Both bills were sent to the Senate floor.

S.F. 2 is the bonding bill. Carried by Sen. Keith Langseth (DFL-Glyndon), the measure includes capital investment items vetoed last year by then-Gov. Jesse Ventura. The bill also includes funding for additional cleanup and rebuilding efforts in Northwestern Minnesota after the fall 2001 floods.

Sen. Don Betzold (DFL-Fridley) sponsored S.F. 117, which provides for the payment of salary differentials to state employees who have been called up to active duty in the National Guard or military reserves. The bill also permits local units of government to pay salary differentials to their employees who have been activated.

Health, Human Services and Corrections Budget Division
Crime bills considered
The budget implications of a variety of crime prevention bills were examined at the Mon., Apr. 14, meeting of the Health, Human Services and Corrections Budget Division.

S.F. 969, sponsored by Sen. Ann Rest (DFL-New Hope), is the anti-skimming bill. The measure makes it a crime to scan a credit card without the authorized user's knowledge with the intent to defraud the authorized user or a merchant. Rest said the bill is an attempt to deal with identity theft. The division, chaired by Sen. Linda Berglin (DFL-Mpls.), adopted an amendment removing the felony penalty from the bill. Rest said she supported the removal in order to lessen the impact on the state's corrections budget. The bill was advanced to the full Finance Committee.

S.F. 355, authored by Sen. Wesley Skoglund (DFL-Mpls.), was also advanced to the full Finance Committee. The bill provides a gross misdemeanor penalty for fifth degree arson that results in bodily harm to a person. S.F. 597, carried by Sen. Satveer Chaudhary (DFL-Fridley), expands the crime of child endangerment to include manufacturing controlled substances in the presence of a child. Chaudhary said current law specifies that it is child endangerment if the parent or guardian is convicted of manufacturing controlled substance in the presence of the child; the bill provides that the person does not have to be a parent or guardian. The bill was also advanced to the full Finance Committee.

Members also approved and sent to the full Finance Committee a bill providing for the aggregation of prostitution offenses. S.F. 960, carried by Sen. Leo Foley (DFL-Coon Rapids), was amended to require the collection of information and reports concerning certain types of prostitution and the use of money collected from penalty assessments. The amendment also provides that the penalty assessments be appropriated to the commissioner of public safety.

The division also approved two bills for inclusion in the panel's omnibus appropriation bill. S.F. 43, sponsored by Berglin, provides a gross misdemeanor penalty for assaulting a member of a community crime prevention group. Berglin offered, and the division adopted, an amendment that requires law enforcement agencies in cities of the first class report about the outcomes of criminal investigations, arrests and prosecutions to the groups that reported the criminal activity. The amendment had been contained in another measure, S.F. 42.

S.F. 1053, authored by Sen. Yvonne Solon (DFL-Duluth), requires drug manufacturers to disclose pharmaceutical pricing information to the Board of Pharmacy and the commissioner of human services as a requirement for licensure. Linda Carroll Shern, representing the Pharmaceutical Research and Manufacturers of America, spoke in opposition to the measure. Carroll Shern said the bill may be in violation of federal law and that the current federal law works well. Members adopted an amendment specifying that any funds captured under the bill be appropriated to the commissioner of human services. The measure was approved for inclusion in the omnibus bill.

ER toured
The Health, Human Services and Corrections Budget Division, chaired by Sen. Linda Berglin (DFL-Mpls.), devoted the Tues., Apr. 15, hearing to a tour of Regions Hospital emergency room.

Judiciary
Fault apportionment bill okayed
The Judiciary Committee devoted the Fri., Apr. 11, meeting to discussion of a bill providing protection for employers disclosing job reference information and bills changing the apportionment of fault standard in joint and several liability actions.

The panel began with discussion of the job reference measure, S.F. 837. Chief author Sen. David Knutson (R-Burnsville) said the bill allows the free flow of information. "Employers are saying they can't exchange information because of the threat of law suits. The bill attempts to give some limited protection to employers who share truthful information to prospective employers about employees," Knutson said.

Members heard testimony in support of the measure from Ellen Sampson, an attorney with Leonard Street & Deinard, David Lenzen from Liberty Diversified and Tom Deans of the Minnesota School Board Association. Deans said the bill is also needed to ensure public safety by allowing employers to disclose violence or inappropriate sexual contact on the part of an employee.

The committee, chaired by Sen. Don Betzold (DFL-Fridley), set the bill aside temporarily in order to begin discussion of the apportionment of fault bills.

S.F. 95, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), specifies that joint and several liability applies to persons whose individual fault is equal to or greater than 50 percent. Scheid said, "Joint and severable liability is the doctrine that a party found partially at fault may pay up to all of the damages in a suit. The bill raises the 15 percent threshold to an amount equal to, or greater than, 50 percent." She said defendants found to be less than 50 percent at fault would only be required to pay their apportioned share of liability. Scheid said the potential for liability precludes many nonprofit organizations involvement in a number of beneficial activities, but changing the fault threshold lessens the risk of liability. "The word 'fairness' is used a lot and it is fair to have people or companies pay for the harm they do. It is not fair to pay for damages caused by other parties which is what happens under current law," she said. The bill is a reasonable, common sense approach to discourage law suits against parties that have only marginal responsibility, Scheid said.

A number of individuals spoke in support of the bill. Rich Thomas, Defense Lawyers Association, said the current threshold is an economic hammer hanging over the head of someone whose fault is a minor share of damage. Jury verdict awards are going up dramatically, he said, and it is the threat of exposure that runs the settlements and threatens the deep pocket.

Jack Hennen, League of Minnesota Cities, said, "Government is almost always seen as a deep pocket defendant. Our whole goal is that we pay to the extent we are at fault, but not that we be added to a suit as a deep pocket defendant."

A second bill, S.F. 1462, was also discussed. Betzold, author of the measure, said the bill contained similar joint and several liability provisions. In addition, though, Betzold said, "We also have to look at the insurance issues. One section of S.F. 1462 provides a cause of action if an insurance company acts in bad faith."

Bob Johnson, Minnesota Insurance Federation, spoke in opposition to the provision of S.F. 1462 that creates first party bad faith suits. "In our opinion, this is not necessary. We do not need to introduce a new class of causes of action. The Claims Settlement Practices Act provides standards for the proper administration of all lines of insurance," Johnson said. He said current law provides fast and efficient response for consumers.

Betzold said, "I think changing joint and several will hurt people-will hurt consumers. To pass the liability provisions, without something else to allow consumers redress is not fair."

Members adopted an amendment incorporating most of the provisions in S.F. 837, relating to employer job reference information disclosure.

Sen. Julianne Ortman (R-Chanhassen) offered an amendment to delete the cause of action for insurance company acts of bad faith. The amendment failed on a 3-7 roll call vote.

The committee approved S.F. 1462 and advanced the bill to the full Senate.

Rules and Administration
CORE bill advanced
The Rules and Administration Committee met briefly Mon., Apr. 14, to consider a provision that sets up a task force and to act on the recommendation of the Subcommittee on Bill Referral.

S.F. 1106, authored by Sen. Jane Ranum (DFL-Mpls.), provides for the reorganization of executive branch agencies. Ranum said the contents of the measure are from former Gov. Arne Carlson's administration's CORE report. The report, Ranum said, reorganized state government agencies into eight executive offices, each headed by a secretary. The bill was before the Rules and Administration Committee, Ranum said, because of a provision requiring the majority and minority leaders to appoint members to a task force that is charged with implementing the bill. The committee, chaired by Sen. John Hottinger (DFL-St. Peter), adopted an amendment to specify the Subcommittee on Committees of the Rules and Administration Committee appoint two members, one of whom should be a member of the minority. The bill was approved and re-referred to the Finance Committee.

Members also adopted the Bill Referral Subcommittee report. The report recommended that S.F. 1295, authored by Sen. Dave Kleis (R-St. Cloud), be referred to the Finance Committee, rather than the Crime Prevention and Public Safety Committee. Kleis said the bill did not need to go to the crime prevention panel because the measure contains no penalty provisions. Members approved the motion to send the bill to the Finance Committee.

Appeal bonds bill heard
Members of the State Government Budget Division met Tues., Apr. 15, to consider several measures for inclusion in the panel's omnibus appropriations bill. Among the bills heard was a measure limiting the size of appeal bonds. No action was taken on the measures.

Sen. Don Betzold (DFL-Fridley) sponsored S.F. 1414, which limits the size of appeal bonds to double the amount of the judgment, but no more than $25 million. The bill also stays the execution of the initial judgment for the course of all appeals or discretionary appellate reviews of the judgment. Current law provides for the execution of the judgment to be stayed for only six months. Betzold said the bill really has no fiscal impact for the state, but that the measure was referred to the panel at his request. He said an underlying issue is that if a tobacco company were to declare bankruptcy, it would no longer be required to make payments to the state under the tobacco settlement agreement.

Minnesota has one of the highest appeal bond requirements in the nation, said Tom Hesse of the Minnesota Chamber of Commerce, at twice the amount of the judgment with no cap. The level impedes the ability of defendants to appeal a judgment, he said. Hesse said defendants currently have two options to prevent plaintiffs from collecting a judgment while the appeal is being heard: filing the appeal bond at twice the amount of the judgment or filing bankruptcy. Capping the appeal bond prevents otherwise solvent companies from being forced into bankruptcy, Hesse said. He also noted that the measure permits judges to require a bond in excess of $25 million if the plaintiff can prove the defendant company is dissolving its assets to avoid paying the judgment.

Attorney Keith Teel said the tobacco industry is not attempting to run from litigation or the agreements it reached with the states in the late 1990s. He said that judgments against the industry are climbing, driving appeal bond requirements up even higher, to levels no company can afford. He said research has shown the world bond market limit for any one company is about $2 billion, even though judgments are coming in at $10 billion and more. The tobacco companies, Teel said, prefer to continue meeting their obligations under the settlement agreements with the states, rather than filing for bankruptcy.

However, Jeremy Hanson of the Minnesota Smoke-Free Coalition said the bill is not about protecting companies in general, but about helping the tobacco industry. No Minnesota business, that he knew of, has declared bankruptcy because of appeal bonds, Hanson said. He noted that appeal bond amounts can be, and have been, negotiated with the courts. Hanson also said the tobacco industry has enormous financial resources and will not be forced into mass bankruptcy. Minnesota does not need to lower its appeal bond limit, he said, because other states have already done so, thereby reducing the danger to tobacco companies. Hanson also urged members not to think of the tobacco settlement payments as the best source of state revenue.

The division also heard 13 other bills. S.F. 41, carried by Sen. Linda Berglin (DFL-Mpls.), establishes the Minnesota alternative policing strategies pilot project for community policing efforts. Sen. Jane Ranum (DFL-Mpls.), division chair, authored three bills. S.F. 1106 reorganizes the executive branch agencies along the model proposed by the 1993 CORE report. S.F. 1128 includes several anti-terrorism provisions passed by the Senate last year, including an increase in the 911 service fee. S.F. 1131 authorizes a ballot question on a constitutional amendment permitting bonding for information technology systems, licenses and infrastructure.

S.F. 1447, sponsored by Sen. Sheila Kiscaden (IP-Rochester), provides for expansion of the 800 MHz radio system to the State Patrol districts serving St. Cloud and Rochester. Sen. Richard Cohen (DFL-St. Paul) carried S.F. 904, which prohibits state agencies from leasing vehicles for the exclusive use of a state official, except for the governor. Cohen also sponsored S.F. 105, re-establishing the Office of Crime Victim Ombudsman as a separate state agency. S.F. 1436, authored by Sen. Scott Dibble (DFL-Mpls.), provides for a grant to a consortium of agencies addressing problem gambling in the Southeast Asian communities.

Sen. Steve Kelley (DFL-Hopkins) carried S.F. 1430, which encourages state agencies to share information technology resources when it is cost-effective to do so. S.F. 840, authored by Sen. Thomas Neuville (R-Northfield), requires the Bureau of Criminal Apprehension to establish and maintain a web site containing public criminal history data and extends the date for collecting an access fee. Sen. John Marty (DFL-Roseville) carried a bill, S.F. 316, authorizing the commissioner of administration to issue written opinions regarding compliance with the open meeting law. Sen. Dallas Sams (DFL-Staples) authored S.F. 967, which excludes public hospitals, clinics and health maintenance organizations from the public employee salary limit. S.F. 666, sponsored by Sen. Jim Vickerman (DFL-Tracy), provides for the regulation of linked bingo games.

Election bills gain
The State Government Budget Division and the Rules and Administration Subcommittee on Elections held a joint meeting Tues., Apr. 15, to take action on two bills. The panels, chaired by Sen. Linda Higgins (DFL-Mpls.) and Sen. Jane Ranum (DFL-Mpls.), approved both bills.

S.F. 152, authored by Sen. Linda Scheid (DFL-Brooklyn Park), establishes an account to receive federal funds from the Help America Vote Act. The measure specifies that the money in the account must be spent to improve the administration of elections in accordance with the Help America Vote Act and for reporting and administrative requirements under the act. The bill was approved and advanced to the full Finance Committee.

Members also approved a bill that provides for conformity with the federal Help America Vote Act. S.F. 986, authored by Sen. Charles "Chuck" Wiger (DFL-North St. Paul), also sets up a complaint process and provides a penalty. The bill was advanced to the full Rules and Administration Committee.

Taxes
Marathon hearings begin
The Tax Committee, chaired by Sen. Lawrence Pogemiller (DFL-Mpls.) began a two day marathon set of hearings Mon., Apr. 14, to consider all of the bills assigned to the panel. No formal action was taken on the measures, but most will be considered for inclusion in the omnibus tax bill.

S.F. 361, sponsored by Sen. Gary Kubly (DFL-Granite Falls), provides for economic growth in rural counties of the state by allowing credit against the income tax of an employer for the creation and retention of qualifying jobs. Under the bill, qualifying job means a job in an industry that produces goods or services that bring outside wealth into an eligible county. Further, the bill specifies that at a minimum, a qualifying job must provide full-time employment and pay at least $12 per hour or $10 per hour, plus health insurance benefits. The bill specifies that a qualifying county is one in which the net new job growth between 1991 and 2001 was at a rate of less than 15.6 percent or a county that has a population of less than 15,000. S.F. 367, carried by Sen. Dallas Sams (DFL-Staples), is also aimed at spurring economic development in Greater Minnesota. The bill provides for a tax credit for investment in a qualifying regional angel investment network fund.

S.F. 458, sponsored by Sen. Julie Rosen (R-Fairmont), provides for a subtraction for military income. The bill specifies that the first $10,000 of compensation received by a veteran who is disabled or 65 years of age or older from a pension or other retirement pay from the government for service in the armed forces.

S.F. 1310, carried by Sen. Mee Moua (DFL-St. Paul), authorizes the sale of tax liens. Under the bill, a taxing authority may sell its allocable portion of tax liens securing delinquent real property taxes and assessments or other charges that are made a lien on real property for the benefit of the taxing authority.

Members also considered a number of bills setting local sales and use taxes. S.F. 168, sponsored by Sen. Carrie Ruud (R-Breezy Point), provides for a Bemidji sales and use tax the proceeds of which are to be used for parks and trails within the city. S.F. 528, carried by Sen. Yvonne Solon (DFL-Duluth), expands the use of the Duluth sales tax proceeds to include debt service for bonds issued for improvements to the Duluth Entertainment and Convention Center and to pay the debt service on bonds issued to finance improvements to the Great Lake Aquarium.

S.F. 559, carried by Sen. Tom Saxhaug (DFL-Grand Rapids), allows Itasca County to impose the local lodging tax and prohibits municipalities located within the county from imposing a separate tax.

Sen. Thomas Bakk (DFL-Cook) sponsored three measures. S.F. 573 authorizes the city of Proctor to impose an additional sales and use tax in order to fund construction and improvements of city streets, public utilities, sidewalks, bikeways and trails. S.F. 1003 authorizes Beaver Bay to impose additional sales and use tax to pay the bonded indebtedness on the city community building and to provide funding for recreational facilities, the upgrading of the water and sewer system, the upgrading and replacement of fire equipment and the improvement of streets. S.F. 1360 expands the uses of the revenue from the Hermantown tax imposition.

S.F. 657, sponsored by Sen. Dick Day (R-Owatonna), authorizes the city of Medford to impose additional sales and use taxes to pay up to $5 million in costs related to improving the city's wastewater system and wastewater treatment plant. S.F. 742, carried by Sen. Rod Skoe (DFL-Clearbrook), authorizes the city of Park Rapids to impose additional sales and use taxes to pay for a variety of projects including a community center, park improvements and city storm and wastewater improvements. S.F. 852, carried by Sen. Steve Kelley (DFL-Hopkins), authorizes the city of Hopkins to impose a food and beverage tax to pay for expenses related to public art facilities, community or public arts projects of purchase or acquisition of art for public purposes. S.F. 961, authored by Sen. Becky Lourey (DFL-Kerrick), authorizes the city of Cloquet to impose an additional sales tax and provides bonding authority to pay for a variety of projects.

Members indicated that several bills will not be in the omnibus bill this year.

S.F. 15, authored by Sen. Brian LeClair (R-Woodbury), increases the tax credit for long term care insurance. Currently, the credit is $100 for individual taxpayers; the bill provides for a $500 credit. S.F. 662, sponsored by Sen. Steve Murphy (DFL-Red Wing), also increases the tax credit for long term care insurance. The measure provides for a $250 credit for individual tax payers. S.F. 1226, carried by Day, provides for income tax checkoffs to provide additional funding for kindergarten through grade 12 education, health care, higher education, early childhood and family education and state parks.

Two measures sponsored by Sen. Michele Bachmann (R-Stillwater) will also probably not be included this year. S.F. 736 provides an income tax checkoff to fund benefits for survivors of law enforcement officers and firefighters and provides for maintenance of peace officer and firefighter memorials. S.F. 740 abolishes the estate tax.

Property tax bills heard
The Tax Committee devoted the Tues., Apr. 15, hearing to bills relating to property taxes. The panel, chaired by Sen. Lawrence Pogemiller (DFL-Mpls.), laid most of the bills over for consideration for inclusion in an omnibus tax bill.

S.F. 901, sponsored by Sen. Michele Bachmann (R-Stillwater), provides for the physical appraisal of property every five years rather than every four years. S.F. 1145, sponsored by Sen. David Tomassoni (DFL-Chisholm), extends the terms for which certificates of indebtedness for public safety equipment, ambulance equipment and road construction may be issued by statutory cities. The term is increased from 5 to 10 years under the bill. S.F. 161, authored by Sen. Thomas Bakk (DFL-Cook), provides that the Cook County Hospital District levy may be adjusted for inflation. S.F. 1299, carried by Sen. Carrie Ruud (R-Breezy Point), provides for homestead classification for resorts owned by a limited liability company. S.F. 321, also carried by Ruud, delays the date by which class 1c property or class 4c resort property taxes are due until July 15. S.F. 1236, authored by Sen. Linda Higgins (DFL-Mpls.), provides a valuation exclusion for lead paint removal. S.F. 1242, carried by Sen. Mee Moua (DFL-St. Paul), specifies that in determining the market value of class 4d rental property, the assessor must reduce the value of the property by its restricted use value using guidelines set by the commissioner. S.F. 714, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), extends the property tax exemption for business incubators. S.F. 1004, authored by Sen. James Metzen (DFL-South St. Paul), allows levies to exceed charter limits as property tax aids decrease. S.F. 480, sponsored by Sen. Steve Murphy (DFL-Red Wing), requires the state to share with counties five percent of the excise taxes collected from casino gaming on a reservation in the county if the tribal government has not entered into a tax agreement. S.F. 1418, carried by Sen. Steve Kelley (DFL-Hopkins), modifies the 60 day rule in dismissal of property tax petitions. S.F. 1011, authored by Sen. Michelle Fischbach (R-Paynesville), repeals an aggregate tax exception for Benton and Stearns Counties. All of the above bills will likely be included in the omnibus tax bill.

Two measures were laid over for possible inclusion in an omnibus tax increment financing bill. S.F. 1443, sponsored by Murphy, allows disaster areas to qualify as redevelopment districts with an original tax capacity equal to the land value. S.F. 1477, carried by Pogemiller, authorizes the creation of a redevelopment tax increment financing district in Richfield.

The committee also heard a number of bills which may be included in the omnibus bill. S.F. 1412, sponsored by Sen. Keith Langseth (DFL-Glyndon), extends the city of Moorhead's authority to impose a tax levy. S.F. 988, also carried by Langseth, advances a date for the designation of border city development zones and authorizes additional allocations. S.F. 319, a third bill carried by Langseth, accelerates the annual dates for the commissioner of revenue to certify the state general property tax levy rate to county auditors and accelerates the date for delivery of proposed property tax notices to taxpayers. S.F. 1413, carried by Tomassoni, authorizes the extension of a tax increment financing district in Hibbing. S.F. 1434, also sponsored by Tomassoni, treats the state general tax rate as a local tax rate for purposes of a tax increment financing district in Hibbing. S.F. 1492, authored by Moua, provides a tax credit for qualifying affordable housing contributions. S.F. 366, authored by Sen. Steve Dille (R-Dassel), repeals proposed property tax notice and hearing requirements of local government units.

S.F. 482, sponsored by Moua, eliminates limits on local government aid increases. S.F. 659, authored by Sen. Scott Dibble (DFL-Mpls.), also eliminates limits on local government aid increases. S.F. 211, authored by Sen. Richard Cohen (DFL-St. Paul), extends the phase-out of limited market value for purposes of determining property taxes. S.F. 996, authored by Sen. Ann Rest (DFL-New Hope), converts the state general tax on commercial-industrial property to a tax based on land value. S.F. 1189, sponsored by Sen. Dick Day (R-Owatonna), expands the valuation and property tax deferment for open space to auto racing tracks. S.F. 1358, sponsored by Sen. Thomas Neuville (R-Northfield), excludes individuals with rent constituting property taxes paid by the group residential housing program from the definition of claimant for property tax refund purposes. S.F. 150, authored by Sen. Don Betzold (DFL-Fridley), authorizes local government units to use special levies to pay for increases in the cost of health insurance coverage for employees. S.F. 1374, sponsored by Sen. Charles "Chuck" Wiger (DFL-North St. Paul), requires the separate statement of Ramsey County Library levies on proposed property tax notices and property tax statements.

Members heard two measures that will not be in the bill. S.F. 368, sponsored by Rest, provides a reduced property tax classification rate for unimproved property bordering public waters and specifies covenant agreement requirements. S.F. 1421, authored by Langseth, reinstates authorization to levy for transit purposes and provides for additional means of financing transit.

Transportation Policy and Budget Division
Projects examined
Members of the Transportation Policy and Budget Division met Tues., Apr. 15, and worked through a lengthy agenda of bills providing funding for a wide variety of transportation and transit projects.

S.F. 984, authored by Sen. Ann Rest (DFL-New Hope), authorizes $30 million in bond funds for the design and construction of the remaining portions of the Northwest busway. Rest said the busway connects downtown Minneapolis to Rogers, northwest of the Metro Area. Natalio Diaz, Metropolitan Council Transportation Division, said the busway is the council's number one priority. Diaz said there was great support from the communities involved and that the project was very important to improve transit through the area. Rest also carried S.F. 984, a bill clarifying a prior Northwest busway appropriation.

The division, chaired by Sen. Dean Johnson (DFL-Willmar), heard an additional 11 bills for specific projects. S.F. 44, carried by Sen. Mady Reiter (R-Shoreview), directs the commissioner of transportation to proceed with the reconstruction of the I-35E and I-694 interchange. The "unweave the weave" project is ready to go, Reiter said, but is not scheduled until 2007. Marc Goess, Dept. of Transportation, said the total project will be about $95 million, but that 80-90 percent of the cost will be from federal funds.

S.F. 113, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), authorizes the issuance of $30 million in bond funds for completion of a segment of Highway 610 as a four-lane freeway. S.F. 513, also carried by Scheid, directs the Metropolitan Council to build a permanent transit center in Brooklyn Center. Scheid said there have been on-going negotiations about the project because the Metropolitan Council has not agreed to the type of transit facility the city has requested. Richard Rovang representing Metro Transit said the council has concerns about the proposed location, inconvenience to riders and security issues concerning the public restrooms requested by the city.

S.F. 619, authored by Sen. Becky Lourey (DFL-Kerrick), authorizes the issuance of bonds for right-of-way acquisition, planning and engineering of the Rush Line corridor transitway between St. Paul and Hinckley. S.F. 569, sponsored by Sen. Sean Nienow (R-Cambridge), authorizes the issuance of $6.8 million in bonding for construction of a new bridge on Highway 95 at its intersection with I-35 in North Branch. S.F. 154, sponsored by Sen. Charles "Chuck" Wiger (DFL-North St. Paul), authorizes the issuance of $5.5 million for the McKnight Road and Highway 36 interchange project in Ramsey County.

A second bill, S.F. 38, sponsored by Wiger, authorizes the issuance of $40 million in bonding for the interchange project for I-94 at Century Avenue and McKnight Road.

S.F. 1388, sponsored by Sen. Julie Rosen (R-Fairmont), directs the commissioner of transportation to consider the design-build method in reconstructing Highway 14 and authorizes the issuance of $100 million in bonding for the reconstruction. S.F. 1424, sponsored by Sen. Sharon Marko (DFL-Cottage Grove), authorizes $1 million in bonding for preliminary engineering and environmental review of the Red Rock corridor transitway between Hastings, through St. Paul, to Minneapolis.

S.F 1181, authored by Sen. Mee Moua (DFL-St. Paul), reauthorizes an appropriation for the central corridor project. A second bill, S.F. 249, also sponsored by Moua, authorizes the issuance of state bonds to finance planning, the final environmental impact statement and preliminary engineering of the Central Corridor Transit Way. S.F. 1136, sponsored by Sen. Scott Dibble (DFL-Mpls.), requires the Dept. of Transportation and the Metropolitan Council to conduct a study of bus rapid transit on I-35W between Minneapolis and Lakeville.

Floor action
Noncontroversial bills passed
Members of the Senate devoted most of the Tues., Apr. 15, floor session to discussion and action on bills deemed noncontroversial on the Consent Calendar and on Special Orders.

Only one measure engendered debate. S.F. 266, authored by Sen. Don Betzold (DFL-Fridley), is a family law bill and changes procedures for a custodial parent to remove a child's residence from Minnesota. The bill shifts the burden of proof to the custodial parent to demonstrate why the move is in the best interest of the child. Discussion centered on an amendment, offered by Sen. John Marty (DFL-Roseville), specifying an exception. Under the amendment, if a court finds the existence of domestic abuse between the parents, the burden of proof is upon the parent opposing the move. Marty said that demonstrating it is in the best interest of the child to move out of state should be changed to the custodial parent, except in cases of domestic abuse. In those situations, Marty said, the burden of demonstrating that it would not be in the best interest of the child to move should fall to the parent opposing the move. Sen. Julianne Ortman (R-Chanhassen) spoke in support of the amendment. The amendment was adopted. The bill was granted final passage on Special Orders on a 62-0 roll call vote. Betzold moved to lay the bill on the table because the companion measure in the other body has been incorporated into the House omnibus family law bill.

A variety of bills were granted final passage on the Senate Consent Calendar. S.F. 872, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), modifies provisions relating to the conveyance of real property between spouses and modifies provisions relating to purchase-money mortgages. S.F. 727, sponsored by Sen. David Knutson (R-Burnsville), modifies post adoption services requirements by designating a particular form that must be used. S.F. 1176, carried by Sen. John Hottinger (DFL-St. Peter), clarifies that civil actions against the state may be brought in federal court under specific federal statutes. S.F. 276, sponsored by Sen. Leo Foley (DFL-Coon Rapids), authorizes the Bureau of Criminal Apprehension and local law enforcement agencies to collect crime data using the uniform offense codes.

S.F. 942, sponsored by Sen. Satveer Chaudhary (DFL-Fridley), authorizes admission into evidence of blood sample chain of custody documentation. S.F. 259, authored by Sen. Carrie Ruud (R-Breezy Point), permits Beltrami County to contract with the state Dept. of Corrections for the cost of secretarial support for juvenile probation and parole services. S.F. 907, carried by Sen. Wesley Skoglund (DFL-Mpls.), authorizes Dept. of Corrections forensic pathologists to issue death certificates. H.F. 51, sponsored by Sen. Ellen Anderson (DFL-St. Paul), clarifies that the definition of health insurance in a specific law includes long-term care insurance. S.F. 941, authored by Sen. Dan Sparks (DFL-Austin), modifies state hazardous materials team provisions. S.F. 1123, carried by Sen. Mee Moua (DFL-St. Paul), requires a biennial, rather than an annual, performance report from the Dept. of Corrections. S.F. 1158, sponsored by Betzold, modifies provisions relating to DWI breath-testing instruments.

Members also granted final passage to an additional nine bills on Special Orders. S.F. 421, authored by Sen. Linda Higgins (DFL-Mpls.) provides for the establishment of positions in the unclassified service of the city of Minneapolis by the Minneapolis City Council. S.F. 433, also carried by Higgins, requires specialized Alzheimer's disease training in nursing facilities that serve persons with Alzheimer's disease or related disorders. The measure also provides for consumer disclosure. A third bill sponsored by Higgins was also granted final passage. S.F. 233 makes changes to the Minnesota Nurse Practices Act.

S.F. 272, sponsored by Sen. Linda Berglin (DFL-Mpls.), allows the commissioner of human services to grant a waiver for facilities providing care for HIV/AIDS patients to allow one additional bed.

S.F. 225, carried by Sen. Sharon Marko (DFL-Cottage Grove), allows the State Fair Police Dept. to employ more part-time peace officers. Members laid the bill on the table and, pursuant to Rule 45, amended the language of S.F. 225 onto H.F. 268, the House companion bill. Members then granted final passage to H.F. 268.

S.F. 506, authored by Sen. Ann Rest (DFL-New Hope), prohibits the printing of full credit or debit card numbers on sales receipts. S.F. 668, sponsored by Sen. Steve Kelley (DFL-Hopkins), clarifies the authority of the Hennepin County Housing and Redevelopment Authority. S.F. 224, sponsored by Sen. Sheila Kiscaden (IP-Rochester), modifies provisions relating to the purchase alliance stop-loss fund. H.F. 266, the companion in the other body, was substituted for the bill and granted final passage. S.F. 28, sponsored by Betzold, enacts revisions to the general provisions of the Uniform Commercial Code and amendments to Articles 3 and 4 of the Uniform Commercial Code recommended by the National Conference of Commissioner on Uniform State Laws.

Finally, members also granted concurrence and repassage to S.F. 1095. The bill, sponsored by Sen. Julie Rosen (R-Fairmont), clarifies that benefits from the state soldiers' assistance fund are limited to state residents.

CFL renaming approved
Before leaving for a long weekend, Senators took action on 11 measures during their Wed., Apr. 16, hearing.

Sen. Geoff Michel (R-Edina) sponsored S.F. 296, which renames the Department of Children, Families and Learning (CFL) as the Department of Education. Michel said testimony on the bill has indicated that department has drifted from its core mission. Sen. Jane Ranum (DFL-Mpls.) opposed the measure, saying the CFL name was a result of bipartisan work in the early 1990s. The original renaming was a part of creating a strategic focus on how children learn best, she said. Ranum said the move, when viewed in combination with other education initiatives, is a fundamental shift in what Minnesota believes. "I wonder if we are going down a road of mediocrity," she said. Sen. Lawrence Pogemiller (DFL-Mpls.) also spoke against the bill, saying it represents a step backwards in education thinking.

It is unfortunate that the examination of education in the early 1990s led to centralization of services, said Sen. Pat Pariseau (R-Farmington). The concept doesn't work, she said. CFL ought to see to the education of Minnesota children, Pariseau said, and the renaming will refocus the agency on the goal. Sen. Linda Berglin (DFL-Mpls.) said she didn't support removing children's services from the Dept. of Human Services and relocating them in CFL in the early 90s. Budgets and services for all agencies serving children need to protected, she said, not just CFL.

Michel said opponents made an important point about expecting coordination between state agencies, especially in services provided to children. Whatever the name of the department, he said, Legislators should still demand coordination. "I do demand that," Michel said. S.F. 296 was granted final passage, 41-19.

S.F. 350, carried by Sen. Linda Scheid (DFL-Brooklyn Park), modifies and clarifies provisions under the Minnesota FAIR (fair access to insurance requirements) plan. The bill was granted final passage, 59-0. Sen. Wesley Skoglund (DFL-Mpls.) authored S.F. 515, which was passed, 58-0. The bill continues the financial crimes task force and permits the task force to accept funding from non-state sources, such as the federal government. S.F. 484, sponsored by Sen. Betsy Wergin (R-Princeton), relating to county park and land dedication fees, was granted final passage, 53-0.

Sen. Michele Bachmann (R-Stillwater) carried a bill exempting minors between the ages of 11 and 13 employed as assistant referees in youth soccer events from minimum age requirements under the child labor law. S.F. 1064 was granted final passage, 58-0. Bachmann also carried S.F. 1098, which modifies provisions relating to occupational safety and health. The bill was passed, 58-0. Sen. Charles Wiger (DFL-North St. Paul) carried S.F. 420. The bill, which modifies travel club contract regulations provisions, passed on a 58-0 vote. S.F. 1071, carried by Sen. David Senjem (R-Rochester) creates a new definition for disposing of human remains that uses alkaline hydrolysis. The bill was granted final passage, 54-5.

Three bills relating to veterans were approved. S.F. 1080, authored by Sen. Rod Skoe (DFL-Clearbrook), updates and corrects provisions related to veterans homes. The bill was granted final passage, 58-0. Sen. Dan Sparks (DFL-Austin) sponsored a bill that permits the Dept. of Veterans Affairs to access taxpayer identification information to locate and notify veterans of health hazards resulting from service in the armed forces and of potential benefit entitlements. S.F. 1015 passed, 59-0. S.F. 1282, carried by Sen. Steve Murphy (DFL-Red Wing) authorizes the placement of a statue in the Capitol area court of honor to honor the Hmong veterans of the war in Laos allied with American forces during the Vietnam War. The bill was granted final passage, 60-0.

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