Highlights

The stage was set, then, for a Special Session that began Tues., May 20. Lawmakers continued to negotiate the major bills, along with several additional items that did not receive passage prior to the end of the regular session, for the remainder of the week.

One of the more contentious items, a bill authorizing additional dry cask storage of nuclear waste at Prairie Island, was the subject of a series of motions the last night of the regular session designed to run out the clock and delay action until further discussions on the bill could be completed. The bill was acted upon Fri., May 23.

By week's end, lawmakers had completed work on the omnibus higher education bill, the omnibus environment, agriculture, and economic development bill, the omnibus state government bill, the omnibus E-12 education bill, the omnibus judiciary and crime prevention appropriations bill and the noncontroversial omnibus tax bill.

Several bills, though, had yet to be completed by Fri., May 23. Members were still working on the omnibus health and human services bill, the omnibus tax bill, a bonding proposal and the omnibus transportation funding bill.

This issue of Senate Briefly contains floor action from the afternoon of Fri., May 19 through Fri., May 23.

Friday, May 16
Variety of bills processed
The second portion of the Fri., May 16, floor session began with members granting concurrence with the House amendments to a Senate bill. S.F. 484, sponsored by Sen. Betsy Wergin (R-Princeton), authorizes counties to require the dedication of land for public parks and provides the terms and conditions for the dedication.

Members also adopted the conference committee report on S.F. 980. The bill, sponsored by Sen. Leo Foley (DFL-Coon Rapids), provides for reporting procedures and venue for identity theft. The measure was repassed. The conference committee report on S.F. 990, sponsored by Sen. Steve Murphy (DFL-Red Wing), was also adopted and repassed. The measure is the omnibus agriculture policy bill. Murphy said the item in dispute was an alien farm ownership provision. The conferees adopted a compromise that allows the families currently farming in the state to continue to do so.

Members then turned to consideration of bills on Special Orders. H.F. 673, sponsored by Sen. Dan Sparks (DFL-Austin), modifies provisions relating to the Minnesota Comprehensive Health Insurance Association. Sen. Linda Scheid (DFL-Brooklyn Park) offered an amendment clarifying provisions relating to loss ratio standards. The amendment was adopted.

H.F. 624, sponsored by Sen. David Senjem (R-Rochester), requires local government impact notes prior to implementation of new administrative rules and requires a determination of the aggregate cost of complying with a proposed rule. Senjem said the bill was an attempt to take a better look at mandates on local units of government. H.F. 671, sponsored by Sen. James Metzen (DFL-South St. Paul), regulates the promotions and packages of telephone company services and removes a sunset date for alternative regulation plans for telecommunications provisions and highway weight limit exemptions for utility vehicles.

Sen. Dallas Sams (DFL-Staples) sponsored two measures. H.F. 923 provides that a township may enter into a contract, even if a township supervisor is an employee of the contractor, as long as the supervisor had no role in preparing the bid or negotiation for the contract with the township. Sen. David Tomassoni (DFL-Chisholm) offered an amendment that authorizes the city of Biwabik to reimburse the town of White for orderly annexed property under an orderly annexation agreement. The amendment was adopted and the bill granted final passage. S.F. 394 is the Minnesota Fair Health Plan Contracting Act. The measure modifies prior authorization requirements for health care services, establishes requirements for provider contracting, modifies provisions for payment of claims and regulates the disclosure of profiling data. Sams said the measure was supported by the Minnesota Medical Association and all the health plans. He offered an amendment specifying that different underlying financial reimbursement methodology does not include health plan benefit design changes, including changes in co-payment or deductible amounts or other change in member cost-sharing requirements. The amendment was adopted. However, the bill failed to gain final passage on a 25-29 roll call vote.

H.F. 279, carried by Sen. Michelle Fischbach (R-Paynesville), allows a supervising physician to delegate the authority to certify disability parking permits and 72 hour holds to physician assistants and advanced practice nurses. H.F. 754, sponsored by Sen. David Gaither (R-Plymouth), conforms the definition of displaced person to federal law under eminent domain. H.F. 151, authored by Sen. Dennis Frederickson (R-New Ulm), allows children eligible for adoption assistance to be eligible for either the prepaid Medical Assistance program or Medical Assistance. H.F. 988, sponsored by Sen. Mike McGinn (R-Eagan), authorizes the commissioner of transportation to replace railroad lands needed for a trunk highway or to provide monetary compensation.

H.F. 1140, sponsored by Sen. Sheila Kiscaden (IP-Rochester), modifies requirements for an agreement to regulate nuclear materials and makes changes to provisions relating to social workers. H.F. 943, sponsored by Sen. Geoff Michel (R-Edina), is a Finance Department housekeeping measure that modifies practices and procedures relating to state finance. In addition, the measure completes the transfer of the treasurer's duties to the Dept. of Finance. S.F. 960, carried by Sen. Leo Foley (DFL-Coon Rapids), allows for the aggregation of prostitution offense prosecutions. Foley offered two amendments, both of which were adopted. The first is technical and the second clarifies provisions dealing with vehicle forfeiture for prostitution offenses.

S.F. 692, sponsored by Sen. Linda Higgins (DFL-Mpls.), expands the scope of practice for pharmacists to allow the administration of influenza and pneumococcal vaccine. Higgins offered an amendment authorizing licensing for occupational therapists whose licenses have lapsed in Minnesota, but who have current and unrestricted credentials in another jurisdiction. The amendment was adopted. Kiscaden offered an amendment providing for professional counseling licensing. The amendment was also adopted. Sen. Sean Nienow (R-Cambridge) offered an amendment providing for education and precautions regarding vaccines and requiring consultation before modifying the schedule of immunizations, but the amendment was ruled not germane. Sen. Becky Lourey (DFL-Kerrick) offered an amendment relating to alcohol and drug counselors that was also ruled not germane. The bill was then granted final passage.

Monday, May 19
Pledge bill repassed
Senators began the final day of the Legislative Session by meeting briefly to act on several bills, including legislation requiring students to recite the Pledge of Allegiance at least weekly.

S.F. 287, sponsored by Sen. Steve Murphy (DFL-Red Wing), also provides that any student or teacher may decline to participate in the recitation and that districts may waive the requirement, by annual vote of the school board. The bill requires districts to include in their handbooks a statement that anyone who does not wish to participate in recitation for any reason may elect not to do so and that students must respect another person's right to make that choice. Schools must also instruct students in flag etiquette, display and respect, under the measure. The bill applies to both public and charter schools. The conference committee report on the bill was adopted and the measure repassed, 58-5.

Two other conference committee reports were also adopted. S.F. 351, authored by Sen. Thomas Bakk (DFL-Cook), permits the use of emergency police radio equipment by local officials authorized to use the equipment by the local chief law enforcement officer. Sen. Yvonne Solon (DFL-Duluth) carried S.F. 328, relating to the practice of psychology.

Four bills were repassed after Senators concurred with the amendments made to the measures by the other body. Sen. David Tomassoni (DFL-Chisholm) carried a bill, S.F. 308, specifying the duties of owners and operators of mines upon the discontinuation of operations. S.F. 230, authored by Sen. Wesley Skoglund (DFL-Mpls.), modifies the time limit for serving summonses and complaints and scheduling hearings on housing violations. Sen. Linda Higgins (DFL-Mpls.) sponsored S.F. 421, which authorizes Minneapolis to establish positions in the city's unclassified service. S.F. 964, carried by Sen. Mee Moua (DFL-St. Paul), makes various changes to crime victims' rights.

In other action, members also granted final passage to a bill classifying military certificates of discharge as private data, H.F. 768, carried by Murphy.

Profile of Learning repealed
The first portion of the Mon., May 19, evening floor session was devoted to consideration of two major issues-repealing the Profile of Learning and the passage of the omnibus environment, agriculture and economic development appropriations package.

The repeal of the Profile of Learning came in the form of an amendment to H.F. 302. Sen. Steve Kelley (DFL-Hopkins) said the amendment was the product of work done by a conference committee and had been agreed to by all parties: the governor, the commissioner of education, the House conferees and the Senate conferees. He said the measure repeals the Profile of Learning and sets up a new graduation requirement for Minnesota that is very clear. Students must complete statewide standards in five core areas, Kelley said. Under the bill, language arts, mathematics, science, social studies and the arts are all required for statewide accountability. He said standards in math, language arts and the arts are available now and this summer the commissioner will convene groups to write standards on science and the social sciences. Kelley also explained the testing sequence as required under the federal No Child Left Behind Act.

"The bill returns a great deal of local control to school districts and parents," Kelley said.

Sen. Michele Bachmann (R-Stillwater) raised several questions about the bill. She said the bill current requires that standards must be clear, concise, objective, measurable and grade-level appropriate, not require a specific teaching methodology and be consistent with the constitutions of the United States and the state of Minnesota. Bachmann said that earlier language sponsored by House members included a requirement that standards be factual and verifiable and a requirement that the standards be consistent with the Declaration of Independence as well as state and federal constitutions. "There is no more seminal, premier document in the United States than the Declaration of Independence. I'm shocked there would be any reason to keep out the Declaration of Independence," Bachmann said. Kelley responded that both the U.S. and the Minnesota Constitutions have legal standing, but the Declaration of Independence does not.

Sen. Gen Olson (R-Minnetrista), though, commended the conferees and the department on their work on the bill and urged members to support the measure. The bill was granted final passage on a 64-3 roll call vote.

The second major bill of the evening was the omnibus environment, agriculture and economic development appropriations package. The bill was in the form of a House amendment to S.F. 905. The measure, originally sponsored by Sen. Steve Murphy (DFL-Red Wing), had been amended in the other body to contain the language worked out in a conference committee headed by Sen. Dallas Sams (DFL-Staples).

Sams explained that the bill, in accordance with the budget agreement worked out by Senate and House leadership and the administration, contained substantially more cuts than in the original Senate proposal. He reviewed the contents of the measure and said the bill does not contain a provision for hunting mourning doves because the Senate did not have a position on the issue. In addition, Sams said the bill cuts the Superfund by $6.4 million, but does maintain some funding for the Minnesota Conservation Corps and provides that the MCC become more independent. The other body accepted a provision prohibiting the disposal of electronic goods containing cathode ray tubes in landfills but cuts funding for Red River mitigation and ring dikes. Metropolitan parks and state parks are both cut 8 percent, Sams said, while there is an increase in fees for state parks. Sams also said a variety of other fees are increased in the bill.

The measure also contains language dealing with ATVs, Sams said. He said the compromise ATV language is a great start to dealing with the environmental concerns raised by use of the vehicles. Under the provisions in the bill, roads and ditches are considered open to ATV use unless closed by local units of government. The measure also provides for new trails for riders, Sams said.

Sams said the measure cuts local water planning grants by $1.6 million, reduces the feed lot cost share program and removes an environmental review process for feedlots with under 1,000 animal units. In addition, the funding for the Science Museum was cut $970,000, but some funding was retained for the second year of the biennium. The measure also drops the ban on phosphorous approved by the Senate and replaces it with a goal of a 50 percent reduction in the wastewater stream.

In the agriculture funding portion of the bill, Sams said ethanol payments were reduced from 16 cents per gallon to 13 cents per gallon. In addition, the measure requires more disclosure from ethanol plants and allows Gopher State Ethanol to stay in operation. The Agriculture Utilization Research Institute received a 57 percent cut in the bill, Sams said. In addition, the measure contains provisions for dealing with chronic wasting disease. The measure also eliminates funding for the Horticultural Society, he said, but numerous fees are increased in the bill.

Sams said that in the economic development portions of the bill, job training and housing programs were cut $50 million. "There will be more homeless, more people on the streets and families with no place to go," Sams said. "Even though the bill contains $9 million more than recommended by the governor, the state largely abandons its commitment to its workers and their economic success," he said. Under the bill, the Dept. of Trade and Economic Development and the Dept. of Economic Security are to complete their merger. The bill does contain funding, at a reduced level, for Twin Cities Rise and Lifetrack Resources. Sams said the Film Board received a substantial cut, but was funded at a reduced level. Other cuts were made to tourism and the Minnesota investment fund, Sams said. Finally, Sams said the Historical Society was cut 16 percent and cuts were made to the Arts Board. Funding for the Humanities Commission was eliminated, Sams said.

Sen. Jim Vickerman (DFL-Tracy) said the cuts to the ethanol program places some plants in jeopardy. Sams responded that because the other body refused to raise revenue, the ability to fund those plants was lost.

Sen. Dennis Frederickson (R-New Ulm) and Sen. Steve Dille (R-Dassel) spoke in support of the bill. "The bill contains funding for good programs and we did the best we could," Frederickson said.

Sen. John Marty (DFL-Roseville) said, "The Senate bill did try to avoid cuts to shelters and homeless prevention programs, but there was a provisions for Northwest Airlines that provides them with $4 million in reduced payments for the petrofund." Sen. Jane Ranum (DFL-Mpls.) questioned the provision about the airline's reduced payments. Sams said the provision was adopted to aid the airline's fiscal situation. He added that the carrier has not used the petrofund and, under the provisions of the bill, would not be able to use it because of the airline's reduced payments.

Sen. Ellen Anderson (DFL-St. Paul) said she was concerned about the reduction in housing programs. "Transition housing and emergency services are reduced $1 million in the bill and that will result in 2,000 people being turned away from homeless shelters," Anderson said. She outlined other cuts to affordable housing programs. "We are going backwards in our commitment to affordable housing in this bill," she said.

Sen. Richard Cohen (DFL-St. Paul) said the bill represents a diminishment of the quality of life in Minnesota. "We will not see the quality of life diminished overnight, but by increments two years from now, three years from now, four years from now," he said.

Sen. Sandra Pappas (DFL-St. Paul) spoke against the provision allowing the continued operation of Gopher State Ethanol. Sen. Scott Dibble (DFL-Mpls.) said, "I don't understand why the governor and the House chose to gouge small amounts of money from programs that are investments. Youth intervention programs offer an opportunity to avoid huge costs in the future." Small investments are enough to leverage private money and federal funds, Dibble said.

The bill was repassed on a vote of 34-32. Majority Leader John Hottinger (DFL-St. Peter) had said earlier, when Senate DFLers withdrew their budget balancing proposal, that appropriations bills needed the votes of all members of the minority, with an additional three votes from the majority party, in order to become law. Accordingly, the vote on the measure was comprised of all members of the minority and Hottinger, Assistant Majority Leader Ann Rest (DFL-New Hope) and Senate President James Metzen (DFL-South St. Paul).

In other action, Senators also adopted the conference committee report on H.F. 719 and repassed the bill. The measure, sponsored by Pappas, is the omnibus liquor bill. Pappas said the bill contains all the provisions of the Senate bill with the exception of a provision authorizing a uniform 10 p.m. liquor store closing time and two provisions relating to brewpubs. She said the bill does contain the provision allowing bars to stay open until 2 a.m. and includes all the additional liquor license provisions of the Senate bill. The measure was granted repassage on a 50-16 roll call vote.

Members also adopted a conference committee report on a bill, H.F. 294, providing for payment of a salary differential for state employees called into active military duty. The bill, sponsored by Sen. Don Betzold (DFL-Fridley), was repassed on a 60-0 roll call vote.

Finally, members granted final passage to S.F. 1505. The measure is the first omnibus tax bill and contains mostly noncontroversial provisions. The bill, sponsored by Sen. Lawrence Pogemiller (DFL-Mpls.), was repassed on a 67-0 roll call vote.

Two resolutions were also approved. The first provides for the conduct of Senate business during the interim. The second sets the time for reconvening in 2004. Under the resolution, the Senate will reconvene Mon., Feb. 2, 2004 at 12 noon.

Higher ed bill passed
Members concluded the last day of the regular session by approving appropriations for higher education. The provisions were amended onto S.F. 675, authored by Sen. Dallas Sams (DFL-Staples), by the other body. Sams moved to concur with the amendment and repass the bill, which originally eliminated the expiration date for the Minnesota Agriculture Education Leadership Council.

Sen. Sandra Pappas (DFL-St. Paul), chair of the Higher Education Budget Division, explained the provisions of the amended bill. The legislation appropriates over $1.1 billion each to the University of Minnesota and the Minnesota State Colleges and Universities (MnSCU), $350 million to the Higher Education Services Office (HESO) and $2.78 million to the Mayo Medical Foundation. Policy provisions in the bill include a requirement for postsecondary institutions to provide information on meningitis to enrolling students, the appointment of the HESO director by the governor with senatorial confirmation, changes to financial aid formulas, a reduction in eligibility for the state grant program from five academic years to four academic years, a reduction in the maximum child care grant from $2,600 to $2,200 and authorization for Fond du Lac Tribal and Community College to offer a bachelor's degree in elementary education.

Sen. Steve Murphy (DFL-Red Wing) moved the previous question. The motion, if approved, effectively ends debate on the question under consideration, in this case to concur with the amendment. Before the Senate took the message on S.F. 675, Murphy had attempted to get the Senate to take up the message on S.F. 794, relating to nuclear waste storage. However, Majority Leader John Hottinger (DFL-St. Peter) said it was his intention to take up the nuclear waste bill after the higher education funding measure. When Murphy moved the previous question, only about 30 minutes remained before the constitutional deadline for adjournment.

A higher motion, to recess, was offered by Sen. Ellen Anderson (DFL-St. Paul). Neither the Murphy motion nor the motion to recess is debatable. The Anderson motion was defeated on a 21-45 roll call vote. Anderson then moved to adjourn, which is the highest motion under Senate Rules, and is also not debatable. The motion to adjourn was defeated, 15-52. Pappas moved to adjourn until 11:59 p.m., one minute before the deadline. A motion to adjourn to a specific time is debatable, but only with regard to the time to reconvene. The Pappas motion was defeated, 10-54. Members then acted on the Murphy motion and approved it, 46-20. Senators concurred with the amendment and repassed the bill, 36-31. With the clock having reached a few seconds before midnight, the Senate adjourned. The regular session of the 83rd Legislature will reconvene Feb. 2, 2004. However, the governor has called a special session, for the Legislature to complete work on the FY 2004-2005 budget, to begin Tues., May 20.

Special Session begins, state government bill approved
Senators convened the Special Session, Tues., May 20, and took care of procedural matters before recessing. The Senate approved two resolutions, one organizing the Senate for the Special Session and the other notifying the other body and the governor that the Senate has organized. Majority Leader John Hottinger (DFL-St. Peter) said the afternoon recess was to let the other body act on the state government and judiciary finance bills. The other budget measures, he said, are likely to be taken up over the next two days.

When Senators returned, they approved H.F. 1, the state government appropriations bill. The measure provides for $532.4 million in general fund spending for state agencies. "This bill is a far cry from the bill that left this chamber," said Sen. Jane Ranum (DFL-Mpls.), chair of the State Government Budget Division. The division held hearings throughout the regular session, she said, and tried to find a way to engage in activities that made sense in a time of tight budgets. The governor's vision is not about reform, Ranum said. "It is about cuts, cuts, cuts," she said. Ranum said many of the cuts are not fiscally sound and do not create new efficiency or effectiveness. The bill cuts technology investments deeply, she said. The governor had an opportunity for reform by adopting the recommendations of the CORE report, she said, but he rejected the plan. Ranum reviewed many of the provisions in the bill, including the transfer of the duties of the Office of Planning to the Dept. of Administration, restrictions on the use of professional and technical contracts, the transitions of some boards to being fee-based and a narrow expansion of the use of reverse auctions for state contracts.

Sen. Mady Reiter (R-Shoreview) spoke in support of the bill and applauded agencies for taking deep cuts. The bill was granted final passage, 35-29.

Criminal justice funding bill passed
S.F. 2, the omnibus judiciary and crime prevention appropriations bill, was the second bill passed in the Special Session. Sen. Leo Foley (DFL-Coon Rapids) explained the provisions of the bill. He said the measure consists of provisions that were originally contained in the state government omnibus bill and the health, human services and corrections bill. The measure contains funding for the court system, Foley said, and there is a significant increase in fee amounts. In the area of public defense, we created a co-pay and a revenue recapture program to help support public defenders, he said, however, there is no guarantee the revenues are sufficient to fund the programs.

Sen. Linda Berglin (DFL-Mpls.) reviewed the corrections portions of the bill. "We are taking a big step toward financing state government with parking tickets and traffic violations and I think that is a very sad thing," Berglin said. All of the grant programs for youth prevention grants are gone, she said. The House did accept the alternative sentencing program for the mentally ill, Berglin said. She also said the bill does not contain provisions for privatization of corrections, but does provide for a study.

Ranum explained the courts and public safety portions of the measure. It is a sad day, because the courts sustained a huge cut, Ranum said. She said some court facilities will have to be closed under the draconian cuts in the bill. Ranum also said the bill contains cuts for victim services that will result in more victims and more cases, but fewer convictions. As a result of the cuts proposed by the governor, CriMNet will not be finished on schedule, Ranum said.

Sen. David Knutson (R-Burnsville) spoke in support of the measure. There is quite a bit of good policy in the bill, Knutson said. "We forget about all the hard work that came out of the committees this year, which is reason enough to vote for this bill," Knutson said. He said there is also a fair distribution of the cuts in the bill. "It is very odd to hear members who negotiated these bills stand up on the floor of the Senate and urge members to vote against the bills," Knutson said, "But what we need to do as a Senate is face reality and do our best." The bill is the best we can do given the fiscal restraints and reality of the situation, he said. This is a good policy bill and a good finance bill, Knutson said. However, Berglin said the bill underfunds the corrections system and does away with crime prevention programs and that is not good policy. Ranum also countered that although the governor would not raise taxes, the fees that are raised are not used for the administration of the courts, but sent to the general fund.

Foley said the bill has a lot to offer, but in most instances there are indications of things that could have and should have been done better if the revenue had been available. Hottinger offered an amendment deleting provisions authorizing placement in private institutions. The amendment was adopted.

The bill was granted final passage on a vote of 35-30. Only three members of the majority voted for the measure.

Wednesday, May 21
Bills introduced
Members of the Senate convened the second day of the Special Session, Wed., May 21, but immediately recessed in order to allow negotiations on various appropriations bills to continue. Members reconvened late in the afternoon to process bill introductions.

Thursday, May 22
Rules and Administration
Prairie Island bill to floor
The Rules and Administration Committee, chaired by Sen. John Hottinger (DFL-St. Peter), met Thurs., May 22, to advance several bills, introduced for the Special Session, to the floor for consideration.

One bill, S.F. 21, the Prairie Island bill, generated considerable discussion. The measure, carried by Sen. Steve Murphy (DFL-Red Wing), authorizes additional dry cask storage of nuclear waste at the Prairie Island nuclear facility. The measure also contains provisions for renewable energy and for a coal gasification project. The bill is similar to a measure that generated controversy on the last night of the regular session, but failed to be considered. Sen. Ellen Anderson (DFL-St. Paul) said there is still disagreement on several provisions in the measure. One area of disagreement, Anderson said, is over whether the Legislature or the Public Utilities Commission should have oversight over authorization of future additional dry cask storage. The other main issue, she said, is the classification of coal as a form of renewable energy under the bill. Committee members urged interested parties to continue working to iron out differences over several items in the bill.

A motion, by Sen. Dennis Frederickson (R-New Ulm), to lay the bill on the table failed on an 8-12 roll call vote. Sen. Cal Larson (R-Fergus Falls) moved that the bill be sent to the floor without recommendation. The motion prevailed on a 13-7 roll call vote.

In other action, the panel advanced a number of bills to the floor, most of which had either already passed in the Senate or been in conference committees near completion when the regular session ended.

S.F. 6, sponsored by Sen. Don Betzold (DFL-Fridley), imposes notice requirements for the use of the good cause exemption in the adoption, amendment or repeal of an administration rule. S.F. 8, authored by Sen. Linda Scheid (DFL-Brooklyn Park), establishes the Help America Vote Act account and provides for the use of funds in the account. S.F. 10, carried by Sen. Sharon Marko (DFL-Cottage Grove), makes housekeeping changes in provisions relating to the Dept. of Administration and modifies a variety of data practices provisions. S.F. 13, authored by Sen. Becky Lourey (DFL-Kerrick), modifies dental practice provisions.

S.F. 14, carried by Sen. Leo Foley (DFL-Coon Rapids), clarifies standards and procedures for vehicle forfeitures associated with DWI violations. S.F. 18, authored by Anderson, modifies provisions to increase the solvency of the unemployment insurance trust fund and makes technical changes related to unemployment insurance. S.F. 28, carried by Sen. Dallas Sams (DFL-Staples), changes the name of the Dept. of Trade and Economic Development to the Dept. of Employment and Economic Development. S.F. 31, sponsored by Scheid, changes the date of precinct caucuses and makes other changes relating to elections.

Floor action
Bills approved
Senators used the first part of the Thurs., May 22, session to grant final passage to eight measures. Most of the bills are the result of conference committee action during the regular session, but the legislation was not acted on before the end of the regular session earlier in the week.

Sen. Don Betzold (DFL-Fridley) carried S.F. 6, which requires agencies using the good cause exemption for administrative rulemaking to provide public notice that they are doing so. S.F. 10, authored by Sen. Sharon Marko (DFL-Cottage Grove), is the Dept. of Administration housekeeping bill. Sen. Becky Lourey (DFL-Kerrick) sponsored a bill, S.F. 13, expanding access to dental services. The measure includes a study of the appropriate level of regulation for dental assistants. A bill clarifying procedures for vehicle forfeitures after DWI offenses, S.F. 14, was carried by Sen. Leo Foley (DFL-Coon Rapids).

S.F. 18, authored by Sen. Ellen Anderson (DFL-St. Paul), adjusts the payment schedule for unemployment insurance to provide greater solvency to the unemployment insurance trust fund. Over 80 percent of employers pay less under the proposal, Anderson said. A bill renaming the Dept. of Trade and Economic Development was sponsored by Sen. Dallas Sams (DFL-Staples). S.F. 28 changes the department's name to the Dept. of Employment and Economic Development. Sen. Linda Scheid (DFL-Brooklyn Park) carried two bills. S.F. 8 establishes the Help America Vote Act account in the state treasury. S.F. 31 changes the date of precinct caucuses.

Rules and Administration
Legislation advanced
Four bills gained the approval of members of the Rules and Administration Committee during a short evening meeting, Thurs., May 22. Led by Vice Chair Ann Rest (DFL-New Hope), the panel considered five measures in total.

S.F. 9, authored by Sen. Tom Saxhaug (DFL-Grand Rapids), is the public lands bill. Sen. Don Betzold (DFL-Fridley) sponsored the pensions bill, S.F. 22, representing an agreement reached between House and Senate members of the Legislative Commission on Pensions and Retirement. S.F. 27, carried by Sen. Steve Kelley (DFL-Hopkins), extends the maximum duration of guaranteed energy savings contracts from 10 years to 15 years. Sen. Linda Berglin (DFL-Mpls.) authored a bill, S.F. 39, permitting the recovery of damages for graffiti. The measure also permits injured parties to seek recovery from the parents of a minor.

Betzold carried the only bill that was laid over. S.F. 16 is the Revisor's bill, which makes technical corrections to legislation already passed. The measure was laid over at the author's request, so that any other corrections identified by staff can be amended into the bill before it is sent to the Senate.

Floor action
E-12 funding bill okayed
After a protracted discussion, Senators granted final passage, 34-33, to the omnibus appropriations bill for early childhood and K-12 education. H.F. 51 provides over $11.8 billion in general fund spending on education and provides for about $1.3 billion for levies paid in 2004.

Sen. LeRoy Stumpf (DFL-Thief River Falls), chair of the E-12 Education Budget Division, said the bill the Senate put together during the regular session was much better in terms of fairness and equity and was assembled on a bipartisan basis. "This [bill] is in large part a product of the governor's office and the House Republicans," he said. The state has a constitutional responsibility to provide a uniform system of public schools, Stumpf said, but the bill moves Minnesota backwards. Under the bill, he said, education funding is cut by $170 million and local levies increase by $51 million. Sen. Steve Kelley (DFL-Hopkins) also spoke against the measure. The governor has broken his promise to protect education and to keep cuts away from the classroom, he said. Students will have fewer class options and larger class sizes, Kelley said. "The money won't be there to maintain the high quality of education in Minnesota," he said, "because the governor picked one pledge over his pledge to Minnesota kids."

Schools in Cook County take a huge hit under the bill, said Sen. Thomas Bakk (DFL-Cook). One district will lose over $120 per pupil in funding, and will be able to levy back only up to $62 per pupil, he said. Bakk noted that over 90 percent of land in Cook County is owned by the government and much of the remaining land is seasonal recreational property, which is not subject to the local levy. It shouldn't matter where you live in the state, he said, you should have the same opportunity for a quality education. Sen. Linda Higgins (DFL-Mpls.) said the bill cuts compensatory aid by $45 million even though the governor promised community leaders that he wouldn't cut compensatory aid.

Sen. David Hann (R-Eden Prairie) spoke in support of H.F. 51. The cuts identified, he said, are cuts to projections. The current statewide average for education funding is $6,400 per pupil, Hann said, and the bill raises the average to $6,700 per pupil. The number is an increase over current spending, which meets the governor's goal of holding education harmless, he said. "Not everybody is getting what was projected, and I don't like that either," said Sen. Betsy Wergin (R-Princeton). When the state is facing a shortfall, she said, we have to deal with it the best way we can.

Other members also spoke out against the lack of policy reform in the measure. Hann said Legislators need to revisit funding formulas, make the formulas more easily understood and examine what state money is getting in terms of results. This was the perfect year for reform, especially in the Public Employee Labor Relations Act, said Sen. Julie Rosen (R-Fairmont). "There is no rational relationship between our funding systems and student outcomes," said Sen. David Knutson (R-Burnsville). Until we invest in reliable data, we won't be making the right decisions, he said. Sen. Thomas Neuville (R-Northfield) said that school boards and administrators asked Senators for the tools to deal with funding and cost problems. Among those tools, he said, were reform in labor relations and wage freezes. Without any reform, we might see a lot of young teachers laid off, Neuville said.

In other action, members granted final passage to three other measures. S.F. 9, authored by Sen. Tom Saxhaug (DFL-Grand Rapids) is the public lands bill. Kelley carried S.F. 27. The bill extends the maximum duration, from 10 years to 15 years, of guaranteed energy savings contracts entered into by local units of government. S.F. 39, sponsored by Sen. Linda Berglin (DFL-Mpls.), provides for the recovery of damages to public or private property for graffiti and permits property owners to seek recovery from the parents of minors who have caused graffiti damage.

Senators also repassed S.F. 10, sponsored by Sen. Sharon Marko (DFL-Cottage Grove). The other body corrected a drafting error in the bill, which is the Dept. of Administration housekeeping measure. Sen. Don Betzold (DFL-Fridley) carried S.F. 22, the omnibus pensions bill. The measure was tabled at the author's request, so that members could examine the various provisions in the bill.

Friday, May 23
Nuclear waste bill approved
Senators began the Fri., May 23, session with consideration of a bill permitting additional dry cask storage of nuclear waste at Prairie Island, near Red Wing. The measure also includes a variety of energy initiatives, including a hydrogen economy goal.

Sen. Steve Murphy (DFL-Red Wing) moved to amend the provisions of a bill he sponsors, S.F. 21, onto the storage bill received from the other body, H.F. 9. The amendment was adopted. Murphy also offered two additional amendments. The first makes technical changes to the bill, putting the bill in the form Murphy originally intended. Sen. Ellen Anderson (DFL-St. Paul) said that while the amendment is technical, she urged members to closely examine a provision the amendment changes, which could encourage utilities not to meet their renewable energy objectives (REOs). The amendment was adopted.

The other Murphy amendment provides that a coal-gasification generation project must comprise at least two percent of Xcel Energy's energy portfolio. Murphy said the amendment meets the governor's requirement that the technology not be used to fulfill a renewable energy objective, but that encouraging the project will create good jobs along the Iron Range. Anderson spoke in favor of the coal-gasification provisions in the amendment, but said that another part of the amendment fails to encourage the development of more wind generation. She said permitting Xcel to count the 300 megawatts of wind generation required in the bill against its REO does not advance the state beyond current law requirements. However, Sen. Mark Ourada (R-Buffalo) said that if the Legislature is going to mandate that Xcel use more wind energy, the state should permit the company to get credit for the renewable generation. He said that other utilities must make only a good faith effort to meet their REOs, but Xcel is required to meets its renewable energy standard. The amendment was also adopted.

Sen. Sharon Marko (DFL-Cottage Grove) offered an amendment removing a provision granting the power of eminent domain to the coal-gasification project. Marko said she supports the project, but that granting it eminent domain could damage its future with potential legal action. The power of eminent domain is a government function and the state can offer to use its power in support of the project, she said. However, Sen. David Tomassoni (DFL-Chisholm) said that granting the project the power will not subvert the public process. He said numerous hearings are still required for transmission lines to be sited and routed, while the power of eminent domain can be used to prevent someone from buying land to stop the project from going forward. Sen. Gen Olson (R-Minnetrista) said the authority is being granted early, since investor-owned utilities are granted the power of eminent domain in statute. As the project moves forward, she said, it will automatically receive the power. "This is clearly getting the cart before the horse," Marko said. The amendment failed on a 26-37 roll call vote.

Sen. Steve Kelley (DFL-Hopkins) offered an amendment firming up the renewable energy objective for Xcel. Sen. Gary Kubly (DFL-Granite Falls) offered an amendment requiring the Electric Energy Task Force to examine where Minnesota get its energy. Murphy spoke in support of both amendments; both amendments were approved.

An amendment requiring direct legislative authorization of any future additional dry cask storage was offered by Sen. Dennis Frederickson (R-New Ulm). The bill requires the Public Utilities Commission to evaluate storage requests and issue a certificate of need if it approves a proposal for additional storage. The decision is stayed until June 1 after the next legislative session, under the bill, and goes into effect if the Legislature fails to reject or modify the commission's recommendation. The amendment deletes the provision, effectively returning decision-making authority to the Legislature. This is radioactive waste that will remain dangerous for 10,000 years, Frederickson said. Only one proposed facility exists in the nation for permanent waste storage, he said, and it does not have the capacity to hold more waste than what will be generated under the current licenses for Minnesota's nuclear power plants. The debate about whether we want more nuclear waste stored near the Mississippi River should take place at the Legislature, Frederickson said. Anderson noted that the governor indicated he prefers direct legislative authorization, but that the provisions of the bill are only minimally acceptable.

Murphy said the storage facility at Prairie Island is outside the 1,000-year flood plain and the casks are sealed, do not leak and cannot be displaced by water. The decision about additional casks should be taken out of the emotionally charged Legislature, he said, and put in the hands of the PUC, with a final opportunity for legislative action. Ourada acknowledged the governor's stated preference, but said that everyone must compromise and the governor has done so. The bill has expanded from one authorizing more storage to a bill that is more about jobs and new projects, said Marko. The nuclear waste issue should stand on its own, she said, and not serve as a mule for other projects. Marko said the issue has become too emotional for members on all sides. "I would like to see that we try something different," she said. However, Anderson said that it is irresponsible for Legislators to say they don't want to deal with the issue because it is too contentious or too difficult.

The amendment was defeated, 30-36.

Frederickson then offered a second amendment. The first portion of the amendment requires prospective commissioners of the Public Utilities Commission to have demonstrable knowledge and experience with the safety and health concerns of exposure to radiation at various levels and periods of time. Sen. David Hann (R-Eden Prairie) spoke in opposition and said that perhaps members of the Legislature should have the same level of knowledge about exposure to radiation when running for office. Ourada also opposed the amendment. "We have oversight over the commissioners, they have access to expertise on a variety of issue, but this is unworkable." Sen. John Marty (DFL-Roseville) said the expertise, though, is about ratemaking, not the environmental concerns associated with nuclear waste. The first portion of the amendment failed. The second portion of the amendment specifies that if the national repository for high level nuclear waste at Yucca Mountain is not operational, the commission must deny the request for relicensure of a nuclear generating facility. Frederickson withdrew the second portion of the amendment.

Anderson offered an amendment that requires legislative approval of a PUC recommendation for future authorization of additional dry cask storage. She said the provision is a compromise between the House and Senate positions. Murphy said the amendment would not be accepted by the other body. "If we want to continue on the path of more wind, more renewable energy, then we must vote this down because the House will not accept it." Anderson urged members to show leadership on the issue and not let the other body dictate Senate actions. The amendment failed on a 31-35 roll call vote.

Sen. John Hottinger (DFL-St. Peter) offered an amendment providing that if the PUC makes a determination favorable to the utility regarding additional storage, the PUC must also make a finding that there is a federal repository outside of Minnesota that is reasonably expected to have sufficient capacity allocated for the storage of the additional spent fuel, the authorization for the utility to have more storage is not effective unless ratified by the Legislature. Ourada said the amendment will shut the plants down, because the decision must be made far in advance of the time it can be reasonably expected to find a suitable storage repository is available. The amendment also failed on a 30-36 roll call vote.

Kelley offered an amendment specifying that any municipality or rural electric association providing electric service that is meeting the objectives may use five percent of the total amount to be spent on energy conservation improvements on renewable projects located in Minnesota. The amendment was adopted. Pappas offered an amendment deleting a provision exempting the clean coal plant from the certificate of need process. Tomassoni opposed the amendment and said the process is duplicative for the plant. The amendment failed. Sen. Scott Dibble (DFL-Mpls.) offered an amendment deleting a section authorizing the commissioner to exempt a utility from the requirement to spend two percent of gross operating revenues on conservation improvement. Ourada urged members to defeat the amendment and said the language applies only to Xcel Energy and other utilities only pay one and one-half percent. The amendment failed.

Marty offered an amendment deleting a provision making the coal plant eligible for renewable energy grants for mercury removal technology, thermal efficiency optimization and emission minimization. Murphy opposed the amendment and said the language simply allows the plant to be eligible, which does not mean the grant will be awarded. The amendment failed. Ranum offered an amendment requiring the PUC to ensure that the utility takes all reasonable steps to secure the nuclear facility from possible attacks. Murphy opposed the amendment. "The utilities are already taking steps to protect the two nuclear installations in Minnesota," he said. The amendment failed. Kubly offered an amendment to keep current law in place regarding annual payments to the renewable development account. Murphy said, "My understanding is that the payments stop when the plant quits operating." Anderson, though, said "My understanding is the current law means the renewable development fund would have money coming in as long as casks are stored at Prairie Island." The amendment also failed.

The bill was granted final passage on a 40-26 roll call vote.

In other action, members also granted final passage to the omnibus pension bill. S.F. 22, authored by Sen. Don Betzold (DFL-Fridley), contains numerous provisions agreed to by members of the Commission on Pensions and Retirement.

View selected images from the week.