April 1, 2005 Senate e-Briefly

Members of the conference committee appointed to work out differences in this year's bonding bill reached agreement Wed., Mar. 30. The panel, composed of five members of the Senate and five members of the House, resolved the differences between S.F. 1 and H.F. 3. Under the agreement, a total of $885.888 million in general obligation bond sale proceeds will be appropriated for bricks and mortar projects throughout the state.

The panel, chaired by Sen. Keith Langseth (DFL-Glyndon) and Rep. Dan Dorman (R-Albert Lea), compromised between the Senate's version, with $975 million in general obligation bond sales, and the House version, with $780.3 million. The compromise plan also includes $59.08 million in user financed appropriations.

Under the proposal, the University of Minnesota receives $108.383 million and the Minnesota State Colleges and Universities receive $156.289 million for a variety of projects. The plan also provides $72.145 million for Dept. of Natural Resources projects, $2.37 million for Capitol Building repair, $92 million for transportation projects, including $37.5 million for the Northstar Community Rail project, and $98.694 million for Dept. of Corrections projects. Included in the Dept. of Corrections list of projects are $84.844 million for expansion of the Faribault facility and $3.5 million for a 150 bed segregation unit at the Stillwater facility.

The plan provides $30.9 million for Metropolitan Council projects including $10 million for the Cedar Avenue Bus Rapid Transit, $5.25 million for the Central Corridor, $7 million for Metropolitan Regional Parks and $4.676 million for Raspberry Island in St. Paul. The compromise agreement contains an appropriation of $22.64 million for the Minnesota Zoological Gardens, $27 million for flood hazard mitigation grants through the Dept. of Natural Resources and $23 million to the Water and Soil Resources Board for RIM Reserve and CREP programs.

The conference committee agreed on $107 million to the Dept. of Employment and Economic Development for a variety of projects including $21.726 million for the University of Minnesota/Mayo biotech research facility, $17.9 million for bioscience development, $15 million for redevelopment grants and $2 million for flood damage that occurred in Austin last fall.

A bill relating to the Minneapolis-St. Paul International Airport and Northwest Airlines dominated debate at the Transportation Committee meeting Thurs., Mar. 31. At the end of the hearing, Committee Chair Steve Murphy (DFL-Red Wing) said he has asked the president of Northwest Airlines to appear before the committee several times to discuss the airlines viability and compliance with covenants reached in 1994. He said the company has not responded. As a result, Murphy asked members to approve a motion to subpoena Douglas M. Steenland, president and CEO of Northwest Airlines, to appear before the committee. He said for the motion to go forward, two thirds of the committee needed to approve the motion. With little debate, the motion was approved on a 12-1 roll call vote.

The bill that touched off the discussion, S.F. 208, prohibits the Metropolitan Airports Commission from authorizing facility demolition or further consideration of Northwest Airlines "20/20 Vision" plan until Northwest Airlines demonstrates compliance with financing agreement covenants and reporting requirements. The bill prohibits the demolition of Building B hangars until the airline reports the impact on employment.

Sen. Satveer Chaudhary (DFL-Fridley), chief author, said passengers pay, on average 41 percent more because of the Northwest hub at Minneapolis-St. Paul International Airport. He said the airline has a near monopoly and 20/20 Vision moves the airline closer to a monopoly by allowing Northwest to be the sole occupant in the Lindbergh terminal. In addition, he said the company is downsizing and moving jobs out of the state, thus it is not a good time to be rewarding the airline. Recently there was an announcement that 1,000 jobs would be cut, and laying off mechanics is troubling for both employees and passengers because of safety issues, he said. Chaudhary said the bill takes a step back in order to allow the state to consider the implications of the company's actions.

Ted Ludwig, president of the mechanics union, AMFA Local 33, said, "We have had concerns about the 20/20 plan since the beginning. We knew it would not be good for employees." He said the maintenance workers outside the company don't have the same level of security and expertise as the company maintenance workers. Other maintenance workers also spoke about the disruption lay-offs cause in workers' lives.

Sen. Dick Day (R-Owatonna) said he sympathized with the workers on the issue of outsourcing, but it is a labor-management dispute and not appropriate for the committee. He said the 20/20 vision of airport expansion is a good thing because it means more airlines at the airport and more economic growth for the state.

Murphy said the airport and the Metropolitan Airports Commission are under the jurisdiction of the committee. He said the bill just prohibits the MAC from further consideration of 20/20 Vision until the airline reports on its compliance with the commitments and covenants of the financing agreements with the state and that he has repeatedly requested representatives from the airline to appear before the committee and discuss the issue.

Todd Klingel, of the Minneapolis Regional Chamber of Commerce, spoke in opposition to the bill. Klingel said the chamber believes that for the region to be economically competitive, the area must have a world class airport. He said expansion of the airport is expected to bring 45,000 jobs to the region. Proceeding with the expansion makes a strong statement of the state's commitment to the industry and to economic growth, Klingel said. Sandra Westerman, St. Paul Chamber of Commerce, said the expansion is necessary for the economic expansion of the region.

MAC Chair Vicki Tigwell said, "I worry about the impact of this legislation on the airport and the region. The legislation sends a signal that the state is not serious about competing in world markets." Jeff Hamiel, MAC executive director, also spoke against the measure and urged members not to halt or delay airport expansion. He said every prior expansion has resulted in more jobs and more economic growth.

Chaudhary said, "I appreciate the views of the various chambers, but other businesses have told him they pay very high airfares because there is no choice. So I think we need to think about the direction we are going with the 20/20 Vision plan for expansion." He said he agreed on the need for a world class airport and for economic expansion.

Members approved the measure and re-referred the bill to the State and Local Governmental Operations Committee.

Members returned from their spring break to begin the countdown to the first committee deadline, Tues., Apr. 5. The first committee deadline is the deadline for Senate committees to hear bills originating in the Senate. To that end, committees will be holding long hearings with lengthy agendas in the run up to the deadline. The Tues., Mar. 29, floor session was very brief and was held to process committee reports and facilitate the movement of bills between committees.

Senators also paused for a moment of silence in honor of U.S. Army Spc. Travis Bruce, 22, of Rochester, Minnesota, who was killed in action in Iraq.

A bill repealing the cap on MinnesotaCare (MnCare) benefits for adults without children gained final passage when the Senate met, Thurs., Mar. 31. Members also approved the Tax II bill.

Sen. Linda Berglin (DFL-Mpls.) authored S.F. 255, which repeals the benefits cap. The current cap, said Berglin, ends benefits at $5,000 for outpatient services and eliminates services such as physical therapy, opthamological care and psychological treatment. Individuals with conditions like diabetes, muscular sclerosis and chronic arthritis are among those most adversely affected by the cap, she said. Berglin added that several individuals whom the cap affects suffer from mental illnesses, and the cap prevents them from getting their medications for the entire year. "It is the right thing to do medically, it is the right thing to do morally. We must tell those without children that they are just as worthy, that their illnesses are no less serious than other Minnesotans," Berglin said.

Sen. Michelle Fischbach (R-Paynesville) said the bill should be part of a more comprehensive budget bill. "If we start addressing issues in a piecemeal fashion," she said, "we could come out with a big mess." Berglin said it was important to consider the bill today because program participants are losing their benefits and access to healthcare. She also said that the health care access fund, a fund containing provider tax revenue dedicated to the program, had more than enough money to cover the cost of repealing the cap.

Sen. Betsy Wergin (R-Princeton) said she agreed that the cap does not work, but said the bill does not fix health care problems. "We need to help people take responsibility for their own health care. We need to deal with the issue on the front end," said Wergin. She moved to table the bill. The motion failed on a 21-46 roll call vote.

Sen. Mady Reiter (R-Shoreview) said the state does not currently have the money to accommodate healthcare programs like MnCare fully. Sen. Michael Jungbauer (R-East Bethel) added that he was concerned that removing the cap would increase costs and, as a result, threaten funding for education. Education should be a higher spending priority, he said, because it is included in Minnesota's constitution while health care is not. Sen. Brian LeClair noted that eight days previously the Senate voted to cut K-12 education in order to pay for healthcare programs. "What we're doing here today is cutting education in order to give a 20 percent increase to welfare health care. What we're saying is that welfare health care is our number one priority in the Senate. I think we're spending money very foolishly here," LeClair said. The fiscal note on the bill, he said, is $185 million dollars. That money could be better spent on education, said LeClair. He also noted that the bill does not help the elderly, disabled or children. Efforts to reform the private health insurance market would be preferable to increasing funding to government health care programs, he said.

Sen. Paul Koering (R-Fort Ripley) said he did not like the term welfare health care. Koering said MnCare participants pay premiums. "We're giving people a hand up not a hand-out," said Koering. Sen. Richard Coen (DFL-St.Paul) added that the cuts to education were to state bureaucracy.

S.F. 1683, carried by Sen. Lawrence Pogemiller (DFL-Mpls.), passed on a 40-27 roll call vote. Much of the bill, he said, is built off of the tax bill that passed with bipartisan support last year. He said some controversial items from last year's bill, such as the business property tax increase and provisions relating to the statewide sales tax, have been removed. Among the provisions in the bill, said Pogemiller, are several proposals from the governor's tax bill, including the upfront tax provision on vehicle leases and tobacco tax compliance provisions. New additions to the bill include an increase from 7.85 to 8 percent in the upper bracket income tax and makes changes to the alternative minimum tax (AMT) in order to provide relief for middle income tax payers. Pogemiller offered an amendment making technical changes to the bill and incorporating minor changes reflecting work conducted by other committees. The amendment was adopted.

Sen. Dave Kleis (R-St. Cloud) offered an amendment removing the provision that increases the income tax from 7.85 to 8 percent. He said the increase should be considered independently, not as a package. "Raising the income tax is the wrong thing to do, it's the wrong thing for Minnesota's economy and it's the wrong thing for job creation in the state," said Kleis. Pogemiller said taking out the income tax increase would eliminate revenue necessary for a provision fixing the AMT. The choice, he said, is between a slight increase in the upper income tax bracket and reforming other personal and business taxes. Pogemiller offered an amendment to the amendment eliminating provisions reforming the AMT. He said the two issues are related, so the removal of the income tax increase should be accompanied by the elimination of AMT reforms. Ortman noted that the income tax increase is greater than the cost to fix the AMT, meaning that the net result of the provisions is a tax increase. Sen. Sean Nienow (R-Cambridge) said Pogemiller's amendment reflects a false choice because it says there is only one way to pay for reforms to the alternative minimum tax. The amendment to the amendment was adopted on a 35-30 roll call vote.

Kleis said he felt combining the two provisions is the wrong approach. He called for a division of the amendment to reflect the distinct provisions. Sen. Don Betzold (DFL-Fridley) said the call to divide was out of order because the Senate already decided on the deletion of AMT tax reform. Pogemiller said the effect of the division would be to vote twice on the same thing. Kleis said the previous amendment simply added Pogemiller's elimination of ATM reforms to the original amendment and that calling for division on one's own amendment, even as amended, is not out of the ordinary. Ultimately, Kleis withdrew his amendment, as amended, and then offered another amendment that eliminates only the income tax increase. The amendment failed on a 29-38 roll call vote.

Jungbauer offered an amendment creating a tax increment financing district to help facilitate housing development in Ramsey County. The amendment was adopted.

Sen. Rod Skoe (DFL-Clearbrook) offered an amendment allowing Hubbard County to expand a tax. Skoe said local governments support the measure. The amendment was adopted.

Four Consent Calendar bills also gained final passage. S.F. 933, carried by Ortman, recodifies the motor vehicle installment sales act. Sen. Becky Lourey (DFL-Kerrick) sponsored S.F. 1625. The bill authorizes the National Guard the ability to offer higher pay rates to retired members with special skills and experience when they are ordered back into duty. H.F. 997, carried by Sen. Carrie Ruud (R-Breezy Point), authorizes a bank expansion in Burns Township. The final bill, S.F. 1452, carried by Sen. Wesley Skoglund, authorizes the commissioner of corrections to appoint members to the Advisory Council on Interstate Adult Offender Supervision and eliminates a report requirement.

Committee update

The Agriculture, Veterans and Gaming Committee, chaired by Sen. Jim Vickerman (DFL-Tracy), heard two bills relating to gambling and race tracks at its Wed., Mar. 30, meeting. The panel, chaired by Sen. Jim Vickerman (DFL-Tracy), also approved two other bills.

S.F. 1609, authored by Sen. Dick Day (R-Owatonna), provides for the creation of a racino. The measure authorizes the State Lottery to operate gaming machines at a licensed racetrack and allows the racetrack to conduct blackjack card games. Under the bill, the racetrack must make a onetime payment of $100 million to the general fund upon entering the contract with the State Lottery and must pay 35 percent of its gaming revenue, 20 percent of its blackjack revenue and 5 percent of its card club rake to the general fund.

Day said several other states have had great success with racinos. "The racinos help to build schools, recreational centers, senior citizen centers and roads," he said. He noted that six out of seven Minnesotans say they support the proposal and that the city and county in which the racino would be located strongly support the idea. Day also said the racino would create new jobs and strengthen rural economies. Randy Sampson, president, Canterbury Park, said he is confident that Canterbury Park can do an excellent job developing the racino.

Judy Jensen, Central State's Dressage and Eventing Association, said the proposal is about far more than tax dollars and slot machines. She said the racino would have a positive impact on several areas of the state's economy. Craig Bishop, a farmer and horse breeder, said the bill makes sense. "Three polls show that 70 percent of Minnesotans support the racino bill," he said, "so why wouldn't you do something 70 percent of Minnesotans want?"

Helen Blue-Rednes, chair, Upper Sioux Community spoke in opposition to the bill. She said the racino proposal is terrible public policy even though it has been presented as a rosy prospect. Tadd Johnson, special counsel to the Mille Lacs Band of Ojibwe, said the racino would seriously harm the tribe. Angela Heikes, vice president of gaming for the tribe, said additional casino gaming would harm the tribe as well as the economic well-being of area surrounding the tribe's casino. John McCarthy, executive director, Minnesota Indian Gaming Association, said it is impossible to expand gambling without hurting tribes. He outlined how tribal gaming has improved rural economies and helped to provide services to communities without any cost to taxpayers. "Why would anybody want to derail that system? Why would they want to hurt the economies of rural Minnesota?" McCarthy asked. McCarthy also said the bill will expand gambling in Minnesota. Blue-Rednes added, "Expansion will beget more and more expansion."

S.F. 1723, authored by Sen. Linda Scheid (DFL-Brooklyn Park), was also laid over. The bill outlines the operations of a second horse racing track in the Metro Area, said Scheid. Under the bill, the track is to operate harness races, in which riders are pulled in a cart by the horse. The bill also allows for restricted simulcasting of the races and allows the track to establish a card club once the track has been assigned 50 days of racing. Scheid said the track has already been granted a location in Columbus Township in Anoka County.

Jim Druck, president, North Metro Harness Initiative, said legislation from twenty years ago authorized the track, but the track never emerged because it did not have a developer until now. The North Metro Harness Initiative began developing the track two years ago, said Druck. He also said that all the necessary local government and Minnesota Racing Commission permits have been obtained to operate the track. Mel Metler, chair, Columbus Township Board, added that the town is strongly behind the project. A representative from the North Metro Chamber of Commerce said, "The surrounding business community sees the track as a huge advantage." Anoka County Commissioner Ron Erhart said the county has been active in pursuing economic development and believes the track will be a valuable and much needed entertainment venue in the region.

Sen. Jane Ranum (DFL-Mpls.) carried S.F. 1891, which establishes an outreach program to minority veterans. Marland Ronning, commander, Minnesota American Legion, said the bill would help to identify homeless, female and minority veterans and help them to receive the benefits to which they are entitled. As a result, said Ronning, Minnesota veterans would receive more federal dollars, thereby reducing their dependency on state programs, while at the same time improving the quality of life for the veterans and their families.

Senators approved the measure and re-referred it to the State Government Budget Division.

S.F. 1893 was sponsored by Sen. Steve Murphy (DFL-Red Wing). "The bill is intended to allow greater flexibility for ethanol producers," said Murphy. The measure provides for a grant program for research to improve combustion of ethanol in motor vehicle engines. "Not only would the program provide our universities a great opportunity to expand their research, but it would also provide a great opportunity to move future ethanol legislation forward," he said. Murphy also said the grants allow existing research projects at the University of Minnesota and Minnesota State University Mankato to expand. "We need more solid information, and I believe our universities can provide it," said Murphy.

A bill requiring companies to disclose identity information security breaches gained when the Commerce Committee met Wed., Mar. 30. The panel, chaired by Sen. Linda Scheid (DFL-Brooklyn Park), also heard six other bills.

S.F. 1307, authored by Sen. Satveer Chaudhary (DFL-Fridley), requires businesses that own or license computerized data including personal information to disclose any breach of their security system to affected consumers. "Identity theft is exploding," said Chaudhary. "An estimated $5 billion is stolen annually in the United States due to identity theft. That number will only grow if we don't do something about it," he said.

"The bill is very important," said Bruce Schneier, chief technical officer, Counterpane Internet Security. He said identity theft is dangerous both because identity information is increasingly valuable and because the information is easily obtained. "A few years ago, I would have said people need to shred their trash. But people don't steal identities that way anymore. Why steal identities one by one when you can go somewhere and steal 100,000 at a time?" said Schneier. He cited a California law that requires similar disclosure and has been successful in bringing to light security breaches of consumer information. By requiring companies to disclose the breaches, he said, the bill will improve identity security. "Companies will do better protecting information because there's a cost associated with having to say publicly that they messed up," said Schneier.

Sen. Mady Reiter (R-Shoreview) asked if identity information could be protected from someone who really wanted to obtain it. Schneier said there are two kinds of identity theft. The first, he said, is targeted at specific individuals and is difficult to prevent, but the second, which is more random, can be reduced by better protection of information.

Ray Kaplan, Ray Kaplan and Associates, said he does not oppose the concept contained in the bill but does not support the bill as written. He said the terminology in the bill should be better defined and explained in accordance with international, national and state law. Kaplan also said the bill should expand its definition of private information and specify notification and sanction guidelines associated with breaches. Sarah Janacek, Consumer Data Industry Association, said the industry is not opposed to notification but wants to work further on the issues in the bill. For example, said Janacek, notification of a breach to hundreds of thousands of consumers would require extra staffing and considerable time.

The committee also heard S.F. 664, the omnibus liquor bill. Carried by Sen. Sandra Pappas (DFL-St. Paul), the bill permits brewpubs to use wort produced outside of Minnesota, allows wine tasting to take place for more than four hours, allows sales of certain liquor on Sundays and allows various communities to issue on-sale liquor licenses. Members also incorporated S.F. 137, carried by Sen. Bob Kierlin (R-Winona), S.F. 1812, carried by Sen. Michael Jungbauer (R-East Bethel), and S.F. 1696, carried by Sen. Keith Langseth (DFL-Glyndon), into the omnibus bill. S.F. 137 allows the Four Seasons Center to sell liquor at the center's events. Todd Roesler, who helped raise the money to build the center, said being able to sell liquor would help the center pay off its capital debt. S.F. 1812 allows the sale of malt liquor at the Lyric Arts Company, and S.F. 1696 authorizes the city of Detroit Lakes to issue an on-sale liquor license.

The bill also contains a provision, authored by Sen. Ellen Anderson (DFL-St. Paul), requiring authorities issuing retail liquor licenses or operating municipal liquor stores to impose specific penalties for sales to underage persons and to conduct two mandatory compliance checks on each license holder or store annually. Sen. William Belanger (R-Bloomington) offered an amendment to delete the provision. "My city does not need the state to tell us what to do and how to do it," he said. Karen Lowery Wagner, city of Minneapolis, said the compliance checks are unfunded mandates. Anderson said she learned of opposition to the measure only a few hours before the meeting and asked that she be given time to talk with cities about their concerns.

Scheid sponsored S.F. 1379, a bill excluding the cost of repairing or replacing an airbag when assessing overall damage to an automobile. Scheid said the cost of repairing and replacing the bags is very high and often affects insurance companies as they try to determine if damage to a vehicle exceeds 70 percent of the car's retail value, which is Minnesota's threshold for disclosure when selling the vehicle. Scheid said insurance companies are neutral on the bill. "The bill doesn't impact insurance companies, just the owners of the cars and auto repair companies," she said.

S.F. 794, authored by Sen. Chris Gerlach (R-Apple Valley), was also approved. The bill is a consumer protection measure, said Gerlach, aimed at protecting individuals who join travel membership clubs. Brian Dockendorf, Attorney General's Office, provided an overview of the bill. He said it modifies existing law by starting the 10-day cancellation period on the day of consummation of service instead of the day a customer contracts with the club. The bill also requires the club to provide a written notice to a customer of the right to cancel membership within ten days and requires the club to explain the value, limitations on and requirements of any gifts they provide to customers.

A bill aimed at containing rising health care costs was approved at the Fri., Apr. 1, meeting of the Commerce Committee. S.F. 65, sponsored by Sen. Linda Berglin (DFL-Mpls.), caps premium increases, expands the MinnesotaCare program to include small businesses and requires the use of evidence-based health care. Members heard testimony in support of the measure from Jon Youngdahl, Service Employees International Union, Mary Jo George, Minnesota Nurses Association and Brad Lehto, AFL-CIO. Supporters said the provisions capping premium increases will aid working families in the state. Phil Stalboerger, Blue Cross Blue Shield of Minnesota, Geoffrey Bartsh, HealthPartners, and Beth Hartwig, Minnesota Business Partnership, spoke in opposition to the bill. Bartsh said that the costs of health care are going up faster than the premium caps would increase under the bill. The opponents also said the expansion of MinnesotaCare should not be implemented at the expense of the private marketplace.

Sen. Brian LeClair (R-Woodbury) offered an amendment deleting the provisions relating to the premium cap and the provisions relating to the expansion of MinnesotaCare. The amendment was not adopted. The panel approved the bill and re-referred the measure to the Finance Committee.

In other action, the committee, chaired by Sen. Linda Scheid (DFL-Brooklyn Park), also approved a bill creating a vehicle insurance verification program. S.F. 1794, authored by Sen. Steve Murphy (DFL-Red Wing), requires insurance companies to report to the commissioner of public safety a record of each vehicle insurance policy in force. Murphy said the current system of sampling has not worked, but it is important to ensure that vehicles are properly insured. The measure was approved and advanced to the State and Local Government Operations Committee.

S.F. 1636, sponsored by Sen. Dan Sparks (DFL-Austin), makes housekeeping changes to provisions relating to financial institutions. Sparks said the measure was brought forward by the department of commerce and makes mostly technical changes. The bill was approved and advanced to the floor. S.F. 1380, also carried by Sparks, regulates automobile insurance claims practices. Sparks said the bill is a work in progress and that interested parties have come together to work out their differences. The measure was approved and advanced to the floor.

The Crime Prevention and Public Safety Committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), and the Public Safety Budget Division, chaired by Sen. Jane Ranum (DFL-Mpls.), met jointly Tues., Mar. 29, to hear a comprehensive overview of sex offender sentencing.

Ken Backhus, Senate Counsel, spoke on the various degrees of criminal sexual conduct, and Director of the Minnesota Sentencing Guidelines Commission Barbara Tombs outlined the sentencing process. According to Tombs, the presumptive sentence for first-degree criminal sexual conduct, the most severe classification, is 144 months. Tombs further said that the presumptive guidelines for sentencing reflect a time range to account for the severity of the offense. Of first-degree offenders, she said, just under 30 percent receive probation, 19 percent receive a sentence longer than the prescribed guidelines, 18 percent receive a sentence shorter than the prescribed guidelines and 35 percent receive a sentence within the guidelines. Sen. Thomas Neuville (R-Northfield) asked what constitutes the basis for departure from the guidelines. Tombs said departure sentencing is usually based on an agreed upon plea. Currently, the strictest sentence is 126 months, said Tombs.

Dan Storkamp, information technology, Department of Corrections (DOC), provided an overview of the incarceration process, focusing on how a growing sex offender population in Minnesota prisons is affecting DOC. Storkamp said the number of people serving sentences for criminal sexual conduct as their governing offenses, the most serious offense on an individual's record, has increased more than 30 percent over the last seven years. Storkamp said more than 1,000 inmates who are serving time for a different kind of offense also have a sexual offense on their record.

The Crime Prevention and Public Safety Committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), and the Public Safety Budget Division, chaired by Sen. Jane Ranum (DFL-Mpls.), heard three bills relating to sex offender sentencing when they met jointly, Wed., Mar. 30.

S.F. 1377, authored by Sen. Wesley Skoglund (DFL-Mpls.), requires life sentences for certain first-degree criminal sexual conduct offenses. The bill also creates a new crime of sixth-degree criminal sexual conduct. A sixth-degree crime is defined in the bill as an offense in which a person commits a predatory crime that is motivated by the offender's sexual impulses or is part of a predatory behavioral pattern that has criminal sexual conduct as its goal.

S.F. 1325, carried by Sen. Dave Kleis (R-St. Cloud), also provides for life sentences for certain sex offenders and increases statutory maximum sentences for all sex offenses. The bill further directs the Minnesota Sentencing Guidelines Commission to modify sentencing guidelines for sex offenders and establishes the Minnesota Sex Offender Review Board to make release decisions regarding offenders with life sentences.

Ranum sponsored S.F. 1875. The bill also requires indeterminate life sentences for certain first-degree criminal sexual conduct offenses and certain repeat criminal sexual conduct offenses and creates new sexual offenses. The bill also makes changes to community notification law and the predatory offender registration law.

While S.F. 1325 applies indeterminate life sentences to repeat offenders for first- through fourth-degree criminal sexual conduct offenses, S.F. 1875 applies only to first- through third-degree offenders. Kleis's bill also requires the offender to serve a minimum of 20 years before being eligible for release. Furthermore, S.F. 1875 specifies guidelines for increased and lifetime conditional release for repeat offenders, while S.F. 1325 does not contain provisions on the releases.

The Crime Prevention and Public Safety Committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), met Thurs., Mar. 31, to discuss a bill relating to the sentencing of sex offenders.

The committee approved S.F. 1875 and re-referred it to the Finance Committee. Carried by Sen. Jane Ranum (DFL-Mpls.), the bill requires indeterminate life sentences for certain first-degree or repeat criminal sexual conduct offenses, makes changes to predatory offender and community notification laws and increases the conditional release terms for sex offenders.

Sen. Dave Kleis (R-St. Cloud) offered an amendment allowing more crimes to be sentenced to life without parole. "There are certain people that just rise to the level of that sentence," said Kleis. Under the amendment, crimes that involve torture, inflict great bodily harm, involve kidnapping, affect victims over 70 or under 13, affect multiple victims, have multiple perpetrators or involve an offender armed with a dangerous weapon would be subject to the sentence. Ranum's bill includes some of those provisions, but not all of them, said Kleis. Ranum said that while she understands the argument behind it, she opposes the amendment. Right now in Minnesota, she said, only three crimes can be sentenced to life without parole, and they are first-degree murder with a previous conviction of a heinous crime, first-degree murder while committing a violent sexual crime and first-degree murder of a peace or correctional officer. There are first- and second-degree murders that do not eliminate the possibility of release, said Ranum. She also reminded Senators that the bill raises the requirements for conditional release of offenders. "The bill establishes a high, high threshold for release. If offenders do not meet the requirements, they will be in prison for life anyway," she said.

Kleis said he felt strongly that certain people should be sentenced to life without parole as a matter of public safety and in response to the heinous nature of the crimes they committed. Sen. Carrie Ruud (R-Breezy Point) said the amendment is what victims' families need to deal with their grief.

Sen. Thomas Neuville (R-Northfield) said the amendment goes too far, noting that it would affect several areas of the criminal justice system, not just sentencing. He also said that if offenders cannot be rehabilitated, then treatment programs would be a waste of money.

Sen. Don Betzold (DFL-Fridley) offered an amendment relating to cases involving offenders with psychopathic personalities. The amendment directs the Supreme Court to study the possibility of establishing two statewide panels, one of judges and one of defense lawyers, to deal with the cases. Currently, the cases are assigned to any judicial district, said Betzold, even though some districts are accustomed to the cases and thus have professionals with greater expertise on the subject. The motion was adopted.

Sen. Wesley Skoglund (DFL-Mpls.) offered an amendment providing a 10-year conditional release for level three sex offenders who fail to register. Under the amendment, if an offender fails to register, he serves one year in prison but then is subject to 10 years of intensive supervision by DOC. The amendment allows the department to do whatever is necessary to protect society from the offender, such as prohibiting the offender from working around children or using the internet, said Skoglund. The amendment was adopted.

Six measures were considered by members of the Early Childhood Policy and Budget Division at their Thurs., Mar. 31, meeting. The panel, chaired by Sen. John Hottinger (DFL-St. Peter), laid the bills over for possible inclusion in the omnibus early childhood budget bill.

S.F. 222, carried by Sen. Wesley Skoglund (DFL-Mpls.), makes four-year-old students eligible for extended time programs. S.F. 1365, sponsored by Sen. David Tomassoni (DFL-Chisholm), expands eligibility for early childhood developmental screening to include younger children and requires the inclusion of socioemotional development screening. Hottinger authored S.F. 1792, which consolidates the Minnesota Family Investment Program and Basic Sliding Fee child care programs.

S.F. 1826, sponsored by Sen. Bob Kierlin (R-Winona), allows a credit against corporate franchise taxes for contributions to prekindergarten scholarship granting organizations. Sen. Betsy Wergin (R-Princeton) carried S.F. 1853, which expands developmental screening requirements, requires the assignment of student identification numbers, specifies essential data reporting requirements, modifies developmental screening aid and expands eligibility for school readiness programs. S.F. 1374, authored by Sen. Rod Skoe (DFL-Clearbrook), restores funding for the basic community education program.

A bill requiring school districts to permit the supplemental use of primary documents relating to American history was considered by members of the Education Committee at their Tues., Mar. 29, meeting. The panel, chaired by Sen. Steve Kelley (DFL-Hopkins), adopted an amendment offered by the bill's chief author and laid the measure over for possible inclusion in the omnibus education policy bill.

S.F. 1137, as amended, requires districts to permit instruction that includes the use of documents relating to the nation's founding and to permit principals and teachers to read or post documents, speeches and other texts that are part of the national or state history. The bill also prohibits districts from limiting instruction based on religious references in historical documents and prohibits districts and teachers from restricting a student's ability to choose to write on a religious topic if other students are also given the opportunity to freely choose topics. David Barton, an historian and consultant, described the importance of using primary-source documents in teaching history. It is important that teachers have the ability to present documents to balance against any ideological slant espoused by textbook editors, he said. Barton said the bill unties the hands of young teachers, who are more prone to feel bound to textbooks.

State law does not discourage deviation from the textbooks, said Kelley, and does not establish a curriculum or mandate that districts use particular textbooks. He said the bill does not seem to align with the local-control framework used in Minnesota. Sen. Michele Bachmann (R-Stillwater), chief author, said the bill encourages free inquiry without mandating any particular documents or curricula. Bob Meeks, School Boards Association, said the bill needs more work, because many of the measure's mandates are broadly drafted. August Berkshire, Minnesota Athiests, called the bill a solution in search of a problem. Bachmann said the bill lets instructors know they have the freedom to include primary documents without concerns related to religious references. "We want to let academic freedom rise in our schools," she said.

In other action, committee members heard three additional bills. S.F. 1186, carried by Sen. Cal Larson (R-Fergus Falls), provides for the creation of centers of excellence within the Minnesota State Colleges and Universities system. The panel had previously discussed the bill but laid it over for further work. Larson returned with an amendment reworking the legislation. Susan Heegaard, Higher Education Services Office, reviewed the major changes proposed in the amendment, including the removal of specific references to subject areas for the centers and an added focus on program outcomes, including job growth and economic development. Members adopted the amendment.

The committee also adopted three other amendments. The first, offered by Sen. Gen Olson (R-Minnetrista), replaced an endowment required by the bill with a dedicated fund. Olson said the word endowment often signifies a fund with access only to interest. The dedicated fund in the bill, she said, is meant to leverage non-state funds. The second amendment, offered by Sen. LeRoy Stumpf (DFL-Plummer), removed specific appropriation figures from the bill, replacing them with blanks to be filled in by the Finance Committee. The final amendment, offered by Sen. Tom Saxhaug (DFL-Grand Rapids), deleted language requiring a part of the appropriation to be used for salary incentive payments. The measure was re-referred to the Finance Committee.

Sen. Sharon Marko (DFL-Cottage Grove) carried S.F. 1052, which establishes a five-year pilot program in the South St. Paul School District to assess the benefits of extending the International Baccalaureate program across all grades in the district and to measure the program's effectiveness in improving student performance and academic achievement. Kelley offered, and the committee adopted, an amendment expanding the pilot program to include the St. Louis Park School District and a third district to be selected by the commissioner of education. The bill was also advanced to the Finance Committee.

The final bill, S.F. 144, was laid over for possible inclusion in the omnibus education policy bill. Carried by Kelley, the measure requires the commissioner of education to adopt outcome standards for supplemental service providers. Supplemental service providers are required to be made available by districts designated as needing improvement under the federal No Child Left Behind Act.

Two measures providing for comprehensive sex education were heard by members of the Education Committee at their Thurs., Mar. 31, meeting. The panel, chaired by Sen. Steve Kelley (DFL-Hopkins), laid the bills over for possible inclusion in the omnibus education policy bill.

S.F. 878, carried by Sen. Sandra Pappas (DFL-St. Paul), and S.F. 1262, sponsored by Sen. Bob Kierlin (R-Winona), both provide for comprehensive sex education. Pappas said the two had met and agreed to a compromise bill. One difference between the bills was the focus on abstinence. S.F. 878 included abstinence in a list of sexual behaviors, along with the use of protection and contraception, that comprehensive sex education includes. S.F. 1262 provided that comprehensive sex ed programs must include an abstinence-first approach to the delay of sexual activity while including education about the use of protection and contraception. Committee members adopted an amendment, to Pappas's bill, that provided that comprehensive sex ed programs must promote responsible sexual behaviors, including an abstinence-first approach.

Tanya Villalobos, a student at St. Paul's Highland Park High School, said most teens who get pregnant do not have too much information about responsible sexual behavior, they have too little. Comprehensive sex ed, she said, teaches adolescents the facts. Villalobos said she knows abstinence is the best choice, but many other students make other choices. The more information youths have, she said, the more likely they are to make good choices. Social workers and educators also spoke in support of the bill. However, Tom Prichard of the Minnesota Family Council said comprehensive sex education programs in other states have gone far beyond what many Minnesotans understand sex ed to be. He said the programs discuss explicit subjects to which many parents object and inject controversial views on homosexuality and alternative lifestyles into what should be educational discussions. The implicit message of many comprehensive sex education programs, Prichard said, is that abstinence is of secondary importance.

Pappas said the amendment to her bill strengthens the focus on abstinence and ensures that it gets primary emphasis. The comprehensive sex education required under the bill, she said, must reflect community values and be age-appropriate. Pappas noted that the proposal includes a provision whereby parents can opt their children out of sex ed if they feel strongly about the issue. Kierlin said the debate should not include discussions of other states' experiences. The bill offers the best of both worlds, which many states may not have done, he said. The healthiest part of the proposal is the focus on abstinence, Kierlin said.

Committee members also considered three additional bills. S.F. 40, authored by Sen. Satveer Chaudhary (DFL-Fridley), requires the commissioner of education to adopt a model policy prohibiting bullying. The bill also requires school districts to adopt anti-bullying policies. "Schools need to be places of learning, not places of intimidation," Chaudhary said. He said children cannot learn in undisciplined environments. The arguments "kids will be kids" is not acceptable, he said. Lara Chandler, a member of the Columbia Heights school board, related her son's experiences being repeatedly bullied. The district is now one of fewer than 12 districts with an anti-bullying policy, she said, though many districts have anti-harassment and anti-violence policies. Chandler said school shooting incidents, such as at Columbine and Red Lake, could be prevented by more anti-bullying efforts. Lisa Lane of Tolerance Minnesota, a program of the Jewish Community Relations Council, also invoked the Red Lake, Rocori and Columbine shootings as results of bullying by other students. Without safe schools, she said, students cannot learn or develop. Bullies are more likely than other adolescents to engage in other violent activity, Lane said. Dakota County Attorney James Backstrom said that bullying prevention is crime prevention. Bullying is a bigger problem than most people realize, he said.

When similar legislation was considered last session, the School Boards Association surveyed districts and found that 85 percent had a policy prohibiting bullying, said Grace Schwab. She said a survey conducted in the intervening months showed even more districts had adopted policies prohibiting bullying, pushing the number close to 95 percent. Most of the districts have adopted the association's model policy, she said. Tom Deans, the association's legal counsel, reviewed the model policy. He said the policy is tough and prohibits both bullying and failing to report bullying. The consequences for violations, Deans said, are as strong as expulsion, for students, and termination, for staff. Bullying has to end, Schwab said, and districts are already acting. She said districts need to know the Legislature will support them when hard times arise, when students are being expelled or teachers terminated, for failing to comply with anti-bullying policies.

Sen. David Hann (R-Eden Prairie) said the evidence indicated that hardly any district is not taking bullying seriously. Teachers' jobs and security concerns have changed dramatically over the last several years, said Sen. Geoff Michel (R-Edina). He said policymakers should consider giving teachers and principals more authority and control over their classrooms and buildings. The bill was also laid over for possible inclusion in the omnibus bill.

S.F. 1314, carried by Pappas, permits districts and unions to negotiate an additional probationary period, up to two years, for teachers hired as assistant principals or assistant principals hired as principals. The bill was advanced to the full Senate. Sen. Charles "Chuck" Wiger (DFL-North St. Paul) sponsored a bill, S.F. 772, creating an advisory committee on student support services. The bill was re-referred to the Committee on State and Local Government Operations.

Legislators could accept food or beverages at receptions held during the Legislative Session under a bill approved by members of the Elections Committee, Wed., Mar. 30. The measure also clarifies the maximum value of trinkets or mementos state and local officials may accept and permits the use of campaign funds to attend state or national political conventions.

S.F. 1001, carried by Sen. John Hottinger (DFL-St. Peter), permits state and metropolitan elected officials to accept refreshments at receptions held in the Metro Area during the Legislative Session, as long as all Legislators have been invited and the cost of the refreshments is no more than $5 per Legislator. The bill originally set the maximum value of acceptable trinkets at $5; members adopted an amendment, offered by Sen. John Marty (DFL-Roseville), lowering the limit to $3. Hottinger said the important point was to have a defined value, since the previous limit-"insignificant value"-had been abusively interpreted by some state officials, including a former governor. The measure also permits campaign funds to be used for funeral gifts and memorials.

Two additional amendments, also offered by Marty, were rejected by committee members. One amendment prohibited the governing bodies of local units of government from accepting gifts given to local officials. The other prohibited campaign contributions from lobbyists to legislative candidates and legislative caucuses.

Much of the discussion over the bill centered on the provision permitting accepting food and beverages at receptions. David Schultz, a professor at Hamline University, said there is no good public policy served by changing the gift ban. The ethics of our private lives do not govern the ethics of the workplace, he said. Schultz noted that many professions have adopted gift bans. He said it is illogical to argue that a lack of civility is caused by policymakers' inability to accept refreshments from lobbyists. Regardless of reality, the public perception is one of corruption if lawmakers are attending receptions paid for by lobbyists or others, Schultz said. Nothing prevents Legislators from arranging their own social gatherings or attending events while paying their own way. However, Sen. Warren Limmer (R-Maple Grove) said public perception of lawmakers is driven by many variables. It is unlikely people are going to think we are corrupt because we accepted less than $5 in food and drink, he said. There is a large unquantifiable value to have organized social events, Limmer said. Hottinger said receptions thrown by constituents provide an opportunity for Legislators who would not otherwise converse to come together and get past ideologies. He noted that, in the private sector, it is not uncommon for a new coworker to be treated to a "getting-to-know-you" social gathering.

In other action, committee members, chaired by Sen. Charles "Chuck" Wiger (DFL-North St. Paul), considered five additional proposals. S.F. 1570, sponsored by Sen. Tom Saxhaug (DFL-Grand Rapids), delays, until after 2007, the requirement that voting equipment accessible to persons with disabilities be used in county, municipal and township elections. Current law requires the equipment to be used in all elections held after 2005. A motion to approve the bill was defeated on a voice vote.

No action was taken on the other four bills. S.F. 1769, carried by Sen. Linda Scheid (DFL-Brooklyn Park), is designed to permit candidates who are otherwise bound by spending limits to respond to independent expenditures made against them or in favor of their opponents. Marty, who presented the bill on Scheid's behalf, offered an amendment providing that a candidate's spending limit is increased by 125 percent of the independent expenditures after the total of independent expenditures reaches 10 percent of the candidate's spending limit. The amendment was defeated. Marty offered a second amendment, which was the same as the first except for a higher trigger, 20 percent of the spending limit. The amendment was also rejected. No further action was taken, at Marty's request.

Marty sponsored two bills. S.F. 387 establishes a voluntary clean campaign council. S.F. 105 requires disclosure of public officials' economic interests as independent contractors or consultants and increases the disclosures required of lobbyists and lobbyist principals. Sen. Dave Kleis (R-St. Cloud) carried a proposal, which has not been introduced, providing conformity with federal law governing contributions made by corporations, membership associations and labor organizations.

The highlight of the Wed., Mar. 30, meeting of the Environment and Natural Resources Committee was a bill providing for electronic recycling. Several proposals for electronic recycling had been heard at a previous hearing. At that time, Committee Chair John Marty (DFL-Roseville) said one of the bills, S.F. 1298, sponsored by Sen. Linda Higgins (DFL-Mpls.), would be the vehicle for a proposal. The bill requires manufacturers to collect their share of video display devices and recycle the devices.

Marty indicated that brief testimony would be heard because time restraints at the previous hearing prevented everyone from being heard.

Valery Halverson Pace, representing IBM, spoke in support of the proposal requiring an advance recovery fee to hand the recovery of electronic waste. She said the model I would hold out to you is the model in Switzerland, which has an advance recovery fee. The model covers many more electronic items such as cell phones. Everyone that benefits from the products should participate in the in the recovery of electronic waste, she said, including consumers and manufacturing. Using the advance recovery fee, orphan products can also be recovered.

Julie Ketchum, Recycle American Alliance, also spoke in support of the advance recovery fee proposal. Recycle America Alliance is a national company and we also do electronic recycling, Ketchum said. There are costs associated with recycling these products, and the manufacturer responsibility proposal does not recognize all the costs, she said.

Members also heard from Art Dunn of the Office of Environmental Assistance. He said an attempt to reach consensus on the issue had not been successful. He said there was consensus that an electronic recycling program should cover more than video display devices.

Sen. John Hottinger (DFL-St. Peter) offered an amendment essentially substituting the advance recovery fee proposal contained in S.F. 1398, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), but retaining some provisions of the Higgins bill, S.F. 1298. Hottinger said he believed the consumer cost should be up-front, rather than at the end of the process. Higgins opposed the amendment. She said, "We are guessing on the amount for the advance recovery fee and the state would have no control over increases in the fee." Scheid said, no matter which bill is selected, the consumers are going to pay, whether it is advance recovery fee model or the manufacturer responsibility model. The amendment was adopted.

Hottinger offered another amendment expanding the definition of electronic display devices. However, members questioned the wording in the definition. Hottinger withdrew the amendment. The measure was approved and re-referred to the State and Local Government Operations Committee.

Members also considered a bill, S.F. 63, clarifying conflicts of interest in individual sewage treatment system inspection requirements. Sen. Michael Jungbauer (R-East Bethel) said the measure is a common sense bill that specifies a person who is licensed for the design and installation of individual treatment systems can't work for a local government unit and in private practice in the same geographic area. Representatives from the counties and from the industry said the bill would interfere with legitimate actions. In addition, the measure makes it difficult for the business if an entire county is off-limits for private practice, they said. Marty suggested the bill specify that a contractor may not solicit business while working for a local government unit or inspect their work for the local government unit. Jungbauer offered an amendment specifying that no individual sewage treatment system professional may use their position with government to solicit private business. Members adopted the amendment and advanced the bill to the floor.

The committee also advanced several additional bills. S.F. 1424, carried by Sen. Scott Dibble (DFL-Mpls.) on behalf of Sen. Dallas Sams (DFL-Staples), authorizes the annual adjustment of dry cleaner environmental fees. The measure was approved and advanced to the Finance Committee. S.F. 1351, sponsored by Sen. Thomas Neuville (R-Northfield), provides that in a repair proceeding, if the drainage authority finds that restoring a bridge or culvert would not be adequate for modern farming practices, the drainage authority may order a new bridge or culvert constructed if all landowners directly benefiting from the replacement agree to be responsible for the additional costs. The bill was approved and advanced to the Agriculture, Veterans and Gaming Committee. S.F. 149, carried by Marty, authorizes the use of silencers to muffle discharges of firearms for natural resource wildlife control. Marty said the department had requested the bill as a way to control the population of cormorants on specific lakes in the state.

Members of the Environment and Natural Resources Committee, chaired by Sen. John Marty (DFL-Roseville), met Fri., Apr. 1, to consider four measures.

Sen. Dennis Frederickson (R-New Ulm) presented two bills on behalf of Sen. John Hottinger (DFL-St. Peter). S.F. 1841 eliminates the Project Riverbend Board. The boards of Blue Earth, Brown, Le Sueur, Nicollet, Redwood and Renville Counties will carry on the activities of the joint board, Frederickson said. The measure was re-referred to the Committee on State and Local Government Operations. S.F. 876 extends the grass bank buffer zone requirement for ditches. Frederickson offered an amendment requiring the Board of Water and Soil Resources to conduct an implementation assessment in consultation with farm groups and environmental groups. The amendment was adopted and the bill advanced to the Agriculture, Veterans and Gaming Committee.

S.F. 1123, also authored by Hottinger, was presented by Sen. Sean Nienow (R-Cambridge). The bill provides specifications for review and waivers of 401 certification under the federal Clean Water Act. Several representatives of environmental groups spoke in support of the measure. Representatives of builders and local units of government opposed the bill and the fees established under the proposal. The measure was forwarded to the Finance Committee.

Sen. Satveer Chaudhary (DFL-Fridley) carried S.F. 1937, which provides for enhanced roadside habitat for nesting birds and other small wildlife and establishes a fee to field train dogs. The bill was advanced to Finance Committee.

A proposal for a $250,000 appropriation to the Minnesota Historical Society to support a veterans museum in Perham was heard by members of the Environment, Agriculture and Economic Development Budget Division at their Tues., Mar. 29, meeting. The panel was led by Vice Chair Scott Dibble (DFL-Mpls.).

S.F. 541, carried by Sen. Cal Larson (R-Fergus Falls), provides the funds for the redesign, furnishing, and equipping of the Perham Veterans Museum. The measure was laid over for possible inclusion in the division's omnibus budget bill.

The panel also heard seven other bills, which were also laid over. Sen. Tom Saxhaug (DFL-Grand Rapids) sponsored three measures. S.F. 790 modifies the disposition of receipts to the forest suspense account. S.F. 791 imposes a $2,000 application fee to obtain a road easement across state lands. S.F. 1019 provides for the electronic issuance of burning permits, along with a $5 fee for the issuance of the permit.

S.F. 662, authored by Sen. Gary Kubly (DFL-Granite Falls), appropriates $200,000 annually for use by the Minnesota Institute for Sustainable Agriculture in support of the Alternative Swine Task Force and programs for the development of alternative dairy and other livestock systems. Kubly also carried S.F. 1357, which appropriates $35,000 to the Minnesota Horticultural Society. S.F. 703, sponsored by Sen. Carrie Ruud (R-Breezy Point), increases fees for cross-country ski passes. Sen. Linda Higgins (DFL-Mpls.) carried S.F. 1644, which appropriates $1.92 million each year for grants to fund youth and young adult employment opportunities in North Minneapolis. Gregory Gray, Urban League, said the funds are intended to help keep kids out of trouble by funneling their energies into jobs and helping them gain marketable skills.

Several proposals were considered by members of the Environment, Agriculture and Economic Development Budget Division, led by Vice Chair Scott Dibble (DFL-Mpls.), at their Thurs., Mar. 31, meeting. The panel laid the measures, many of which provided program grants, over for possible inclusion in the division's omnibus budget bill.

S.F. 856, carried by Sen. Dan Sparks (DFL-Austin), appropriates $700,000 for a grant to the Mower and Freeborn County Soil and Water Conservation Districts for an engineering study for the purpose of mitigating future flood damages. Sparks also sponsored S.F. 1637, which increases limits for agriculture best management practices loans. Dibble carried two bills. S.F. 1133 appropriates $3.2 million for extended employment services and increases the reimbursement rates for extended employment services. S.F. 1334 provides $210,000 for grants to the Minnesota Employment Center for people who are deaf and hard of hearing. Sen. Leo Foley (DFL-Coon Rapids) authored S.F. 1714, which authorizes two $5,000 youth intervention program grants to the Northwest Regional Curfew Center.

A bill relating to crib safety and two department technical bills advanced to the floor when the Health and Family Security Committee, chaired by Sen. Becky Lourey (DFL-Kerrick), met Tues., Mar. 29.

S.F. 899, carried by Sen. Ellen Anderson (DFL-St. Paul), prohibits the sale of unsafe cribs in Minnesota. Under the bill, licensed child care centers are required to check brand names and model numbers of the cribs they use against the consumer product safety commission website on an annual basis. The bill also requires the centers to perform monthly inspections to assure crib safety and to make available information about the cribs they use. "The bill makes sure all cribs sold in Minnesota are safe," said Anderson. Jerry Kerber, Department of Human Services (DHS), and Ray Frost, Minnesota Childcare Association, both spoke in support of the measure.

S.F. 1579, sponsored by Sen. Betsy Wergin (R-Princeton), also advanced to the floor. The measure makes various technical changes requested by the Department of Health (MDH). The bill requires the use of national provider identification for health care provider organizations and outlines the purposes for which limited well and boring contractors and monitors may be licensed. The bill also modifies the reasons for which human remains may be disinterred.

The final bill to be sent to the floor was S.F. 1720. Carried by Lourey, S.F. 1720 is DHS's technical bill. In addition to minor changes and clarifications, the bill corrects language regarding programs transferred from the Department of Education (DOE) to DHS, codifies an annual rider adjusting health care program federal poverty guideline income standards annually and repeals a requirement for an annual report to the Legislature on major DHS systems.

Lourey also authored S.F. 639, a measure requiring all Minnesota vaccines to be mercury free unless no mercury free vaccine is obtainable. Several parents who said their children have experienced medical problems as a result of receiving vaccines containing mercury spoke in support of the bill and shared stories of how their children were adversely affected by the vaccines. However, Dr. Jim Nordin, a pediatrician, said the science behind the bill is badly flawed. Furthermore, said Nordin, the bill could exacerbate shortages of vaccines needed for childhood immunization and increase the cost of health care. Kris Ehresmann, MDH, also said the bill would increase health care costs by increasing the number of shots children must have and putting stress on vaccine supplies.

Members of the Health and Family Security Committee, chaired by Sen. Becky Lourey (DFL-Kerrick), held an evening meeting Tues., Mar. 29, to consider four bills.

S.F. 1459, authored by Sen. Donald Betzold (DFL-Fridley), establishes a school employee insurance plan. "The bill is different from the one size fits all proposal of last year," said Betzold. The bill offers a statewide pool through which a variety of health care plans would be offered and from which individual school districts could choose a plan to fit their own needs, he said. The proposal, said Betzold, is based on the findings of a 2002 study on the feasibility of a state employee health care program. The bill also creates a 14 member board to create and administer the health insurance pool.

"Statewide health insurance for school employees is smart public policy," said Jan Alswager, Education Minnesota. The proposal saves substantial money by spreading risk and reducing spikes in premiums through the size of the pool. Rochester Education Association President Lynette Lenoch-Craft said Rochester's district said the proposal might increase premiums for some districts, including hers, in the short-term, but that it would provide a long-term benefit. "State employees have a statewide insurance plan, so I've always wondered why teachers don't," said Diana McCarty, a teacher from St. Louis Park. Field Representative for the Minnesota School Employee Association Kevin Fahey said health care is the most important issue for school employees. Patty Gunderson, a paraprofessional from St. Cloud, said that the proposal will allow more school employees to have health care for themselves and their families.

Sen. Betsy Wergin (R-Princeton) asked why the pool has to be mandatory. Lee Johansen, Education Minnesota, said the pool must be mandatory or lower cost districts will not participate, driving up the cost of the pool. Sen. Sheila Kiscaden (IP-Rochester) said the pool creates an expectation that the state will cover the cost if the program fails.

Scott Croonquist, Association of Metropolitan School Districts, said the bill would not lower districts' costs, but could, in fact, raise them while simultaneously reducing benefits. "The issue is complex and requires a far broader solution than the bill provides," said Croonquist. He said many districts throughout the Metro Area have successfully instituted disease management and wellness programs and education programs to help control their health care costs. Grace Schwab, Minnesota School Boards Association, also spoke in opposition to the measure. "Basically, the bill sets up a group of fifteen to put the plan together. There is no accountability in the plan to school boards, to employees or to the state of Minnesota," said Schwab. Representing the Minnesota Association of School Administrators, Charlie Kyte said the pool is not a good solution.

Sen. Linda Higgins (DFL-Mpls.) offered an amendment removing a provision specifying that three members of the board administering the pool be appointed by the governor. Wergin said she opposed the amendment because she liked the idea of having neutral citizens on the board. The amendment did not prevail.

Senators sent S.F. 1459 to the State and Local Government Operations Committee without recommendation.

Kiscaden authored two bills, S.F. 1641 and S.F. 1638. S.F. 1641 specifies that state agencies must encourage the adoption of evidence-based health care instead of best practice guidelines. The bill also outlines the criteria used to identify evidence-based guidelines and provides an appropriation to disseminate information on the new guidelines.

Dr. Gordon Mosser, Institute for Clinical Systems Improvement (ICSI), spoke in support of the measure. He said evidence-based medicine improves care and lowers costs.

Kiscaden said her next bill, S.F. 1638, provides for a statewide plan for improving health care delivery. The bill requires the commissioner of health to develop and implement a statewide action plan for improving the health status of Minnesotans through strategic, coordinated and comprehensive community action. The bill also requires the commissioner to establish a public health challenge grant fund to award grants to state and local health improvement organizations. Kiscaden said the bill also provides for state agency commissioners serving on the Governor's Health Care Cabinet to contract with a private, nonprofit organization to provide comparative information on health care.

The bill also establishes universal health coverage, said Kiscaden. Under the bill, all Minnesotans are required to obtain and maintain health coverage, and all plans sold or renewed in the state must include the secure benefit set.

Wergin asked how the state would enforce mandatory insurance, noting that although car insurance is required, it has been difficult to enforce the law. Kiscaden said the bill directs the commissioner of health to prepare a report with recommendations and proposed legislation for enforcing the requirement. She said the commissioner will consider whether to require evidence of coverage when applying for a driver's license in the report.

S.F. 1440 was carried by Sen. Steve Kelley (DFL-Hopkins). "The bill is intended to improve identity security in Minnesota," said Kelley. Documents, such as birth and death certificates, have become an important part of identity security, especially in their role with regard to obtaining driver's licenses, Kelley said. "Essentially," said Kelley, "we're trying to raise the bar around the security involved with obtaining a driver's license." The bill requires the commissioner of health to provide uniform standards for the creation of documents, such as birth and vital statistic documents, and appropriates $200,000 to the commissioner of public safety in 2005 to perform an audit on the system.

A bill appropriating state money for use in stem cell research at the University of Minnesota gained when the Health and Family Security Committee, chaired by Sen. Becky Lourey (DFL-Kerrick), met Thurs., Mar. 31.

Sen. Richard Cohen (DFL-St. Paul) authored S.F. 69, which provides the funding. The bill also establishes a state policy for stem cell research stating that any type of stem cells may be used and that stem cell research must be reviewed by an approved institutional review board. Under the policy, patients undergoing treatment for infertility must be presented options regarding unused embryos and must provide written consent if they elect to donate remaining embryos for research. The policy also prohibits the purchase and sale of embryonic or cadaveric fetal tissue for research purposes.

Cohen said embryonic stem cell research is the cutting edge issue in medical research. While Minnesota used to be a global leader in the area, said Cohen, now other states, such as California, New Jersey and Wisconsin, are jumping ahead on research opportunities. "Before we weren't ahead of the curve, we were the curve," he said.

Sen. Steve Kelley, who sponsored a similar bill, S.F. 730, said everybody knows someone whom stem cell research could help. Stem cell research has the potential to help treat and possibly cure several diseases, including diabetes and cancer, said Kelley. Dr. Mark Pallor, vice president of research at the University of Minnesota Academic Health Center, spoke in support of the bills. Embryos not used in research, he said, would otherwise be destroyed as medical waste. Reverend Robert Hardman, who has had Parkinson's disease for eight years, said the legislation gives him hope that there will be a cure for his condition.

Dr. Kirck Allison, associate director, Program of Human Rights and Medicine at the University of Minnesota, said he thought there are some problems with the bill in its current form. For example, said Allison, the bill contains terminological errors. A representative from the Human Life Alliance said the bill is too broad in its scope because it includes embryonic stem cells.

Sen. Betsy Wergin (R-Princeton) spoke in opposition to the bill. She said stem cell research that does not use embryonic stem cells has had great success. Sen. Sean Nienow (R-Cambridge) said he is concerned that the bill permits cloning and said the bill leads down an uncertain path. "I don't oppose stem cell research," said Nienow, "but I do oppose the breadth and scope of the language in the bill."

Cohen responded that every recognized leader in stem cell research in the world agrees that adult stem cells alone are insufficient to conduct stem cell research. Sen. Linda Berglin (DFL-Mpls.) said other states are moving forward with similar funding efforts already. "It's not a matter of whether, but where this research will happen," she said. She added, "I am concerned that we in Minnesota will miss the chance to become the leader we should be in this field."

Senators approved the bill on a 5-4 roll call vote and re-referred the measure to the Crime Prevention and Public Safety Committee.

S.F. 1892, sponsored by Sen. Dick Day (R-Owatonna), was also approved. The bill requires Minnesota to participate in the Illinois prescription drug reimportation program (I-Save Rx). The program allows individuals to purchase prescription drugs from 60 inspected and approved pharmacies in Canada, the United Kingdom and Ireland, said Day. Within six months after the program's inception, he said, Missouri, Wisconsin, Kansas and Vermont had all joined the program. Day said the governor of Illinois said he expects as many as 15 more states to participate in the future.

Berglin asked how much the Department of Human Services has spent or would have to spend on inspecting foreign pharmacies. Sen. Michelle Fischbach (R-Paynesville) said Illinois conducts the inspections and that Minnesota is not required to inspect the facilities under the program.

S.F. 968, authored by Sen. Scott Dibble (DFL-Mpls.), also gained approval. The bill provides a one-time appropriation of $300,000 to the commissioner of health to establish a public education to prevent the spread of HIV/AIDS in Minnesota's African communities. Dibble said that while African immigrants to Minnesota represent one percent of the state's population, they account for 20 percent of the state's new HIV/AIDS infections. He also said the pay-off for preventing even one infection is tremendous.

Members of the Health and Human Services Budget Division, chaired by Sen. Linda Berglin (DFL-Mpls.), approved three bills at their Wed., Mar. 30, meeting. The panel also heard a report on long term care from the State Health Access Data Assistance Center (SHADAC).

The first bill, S.F. 795, was carried by Sen. Linda Higgins (DFL-Mpls.). The bill directs the commissioner of commerce, in consultation with the commissioners of health, human services and employee relations, to study and make recommendations on how to provide interpreter services to medical patients with limited English proficiency. Higgins offered an amendment to include patients who use sign language to communicate and patients who are not covered by health plans in the study. The amendment was adopted.

Higgins said there was consideration of moving the study to the Department of Health (MDH). However, Nora Stewart, Minnesota Medical Group Managers Association, said the Department of Commerce said the department could absorb the cost of the study. Higgins said she was comfortable leaving the study with the department of commerce if it prevented a cost.

S.F. 1569 was also sent to the full Finance Committee. Sponsored by Berglin, the bill makes technical changes to provisions relating to the Department of Human Services (DHS). The first change, said Berglin, automatically includes the cost of depreciable equipment and technology in nursing home project costs. Berglin said legislation passed in 2001 requires facilities to provide a written notice to DHS that they want to include the costs in their projects, but since many facilities have not recognized the law, it has caused extra administrative work for and costs to the department. The second change transfers certain duties, such as arrangement of case management, associated with the Alternative Care Program from the county of service to the county of financial responsibility, said Berglin. The final change, she said, extends the Elderly Waiver (EW) program now operating on White Earth reservation to all tribes.

Sen. Dean Johnson (DFL-Willmar) carried S.F. 538. The measure requires that education providers on the dangers of shaken baby syndrome (SBS) be provided to new parents, health professionals and child care. Johnson said the bill came from the personal experience of Matt and Char Johnson who lost their son, Vance, when the child was shaken by a daycare employee. Matt Johnson spoke in support of the bill and on the dangers of SBS. He said SBS is an inflicted traumatic brain injury and is the leading cause of death of children under one in the United States. One third of children with SBS die, while 50 percent suffer permanent neurological problems, said Matt Johnson. Meghan Mohs, Minnesota Association of County Social Services Administrators, also spoke in support of the bill. She said counties know the tragic consequences of SBS first-hand because they are responsible for handling child abuse cases. "Counties welcome the idea of providing education on SBS prevention," said Mohs.

Dean Johnson said the bill carries a fiscal note of $53,000 in its first year and $43,000 in subsequent years. Berglin noted that counties and DHS are absorbing the costs for which they are responsible under the bill, but MDH is not. She said it seems like MDH should be able to absorb the costs too. Margaret Kelly, MDH, said the department assigned the cost because it must establish the educational protocol required in the bill, but she added that the department would continue to work with Legislators on the cost issue.

The division also heard a report on long term care. LaRhae Knatterud, aging and adult services division, DHS, said the report focused on how many people will have adequate retirement income to pay for long term care and how the state can encourage people to obtain long term care coverage. Dr. Lynn Blewett, a co-author of the report, outlined its findings. Using the Employee Benefit Research Institute (EBRI) model, the report found that by 2030, long term care costs will exceed resources by $56 billion, said Blewett. She added that single and low-income individuals were at the highest risk for lacking sufficient care resources. Within the state, said Blewett, one in four members of the baby-boom generation will not have adequate resources. While 90,000 individuals are at risk for retirement insecurity in the state right now, she said, 225,000 will be at risk by 2021. Blewett also said the number is a conservative estimate because it was generated by the EBRI model.

Members of the Higher Education Budget Division, chaired by Sen. Sandra Pappas, met Tues., Mar. 29, to hear two bills, both of which establish a committee to make recommendations on a university project in Rochester.

S.F. 1004, authored by Sen. Sheila Kiscaden (IP-Rochester), and S.F. 1159, authored by Sen. David Senjem (R-Rochester), are identical measures establishing a University Center Rochester Citizen's Council. Under the bills, the council, a temporary higher education development committee, will make recommendations to the Legislature and governor on how to create mission driven educational programs or institutions in Rochester that utilize the area's unique academic opportunities. The bills also create a Rochester higher education development account and authorize appropriate uses for the money. The measure further allocates $200,000 to the council and $3 million for implementation of the council's recommendations.

Kiscaden said that Rochester has long had aspirations for improving its higher education facilities, a development that would benefit southeastern Minnesota and the state at large. She said several businesses in the region rely on research conducted in and workers trained through specific scientific higher education programs. Senjem said the center represents a dream and a vision for the city of Rochester and added that, as the project moves forward, it would become a dream for the state of Minnesota. Both Kiscaden and Senjem said the center would build on the regional resources of southeastern Minnesota, including leading medical and technological businesses.

Several members of the Greater Rochester Area University Center (GRAUC) spoke in support of the measure. Allen DeBoer, GRAUC chair, said the area has unmet higher education needs, as well as significant unused resources for higher education programs. "The state of Minnesota needs a greater identity in higher education and a magnet in higher education," said DeBoer. He also said that the goal of a possible university center is not to create a brand new four-year university, but rather a targeted, academically focused institution. Diane Twedell, Department of Nursing, Mayo Clinic, said that Mayo has a tremendous stake in having higher education programs available in Rochester. There is a shortage in the area of skilled employees who have higher education backgrounds in program areas envisioned in the bills, she said. Olmsted Medical Center CAO Kevin Pitzer also spoke on the need for a program to train more skilled employees. "A center would help address unmet needs in higher education both currently and in the future," he said. Claudia Knowlton-Chike, IBM, said the center would improve retention, recruitment and research throughout Minnesota. "By strengthening higher education in Rochester, we serve the economic needs of the whole state. Never before in the history of our state has there been such a confluence of opportunity," she said.

Sen. David Tomassoni (DFL-Chisholm) asked what entity would oversee the university center. DeBoer said the center would likely align with one of the existing entities in the area, such as the University of Minnesota or the Minnesota State Colleges and University system (MNSCU), but added that the issue would be best addressed by the committee.

Sen. Bob Kierlin (R-Winona) asked if there is any plan to incorporate philanthropic giving in the development of the university. He noted that two major University of Minnesota buildings secured private dollars before receiving state money. "It's easier to get money for bricks and mortar," said Kiscaden, who also said that the lack of a clear purpose for the center at this time made it difficult to secure private donations. Pappas asked if there were plans to secure matching funds from the city. DeBoer said he was not sure matching funds were possible at this time because a state commitment is necessary first. Pappas cited the half cent sales tax in Rochester and asked if any money from the tax could be used for the project. Kiscaden said money from the tax is restricted, by state law, to cultural and recreational projects.

Director of Government Relations for the Interfaculty Organization (IFO) Russ Stanton spoke on some concerns regarding the bill. While IFO is highly supportive of studying a university center in Rochester, he said, the organization is worried about the possible effect a center might have on its employees, who work for other higher educational institutional organizations in the area. Stanton asked Senators to consider amending the bill to direct the council to consider the employees in their work.

Both bills were laid over for possible inclusion in the division's omnibus bill.

The Jobs, Energy and Community Development Committee, chaired by Sen. Ellen Anderson (DFL-St. Paul), met Wed., Mar. 30, to consider a variety of bills.

Members began with consideration of a bill to establish an accessible electronic information service for blind and disabled persons. Members also adopted an amendment to include provision of services to the deaf and hard of hearing. The measure requires news and other timely information, including newspapers, be provided to eligible individuals from a service center using high-speed computers and telecommunications technology for acquisition of content and rapid distribution in a form appropriate for use by disabled individuals. The amendment added closed captioning services as one of the forms for distribution of information. The bill was approved and sent to the Senate floor.

S.F. 927, authored by Sen. Dan Sparks (DFL-Austin), prohibits false and deceptive commercial electronic mail and sets criminal penalties. Paul Russinoff, representing the AOL division of Time/Warner, spoke in support of the measure. He said more than half of all electronic mail is unwanted commercial electronic mail, or spam, and that the company has pursued aggressive tactics in dealing with the problem. He said the language of the bill will aid in the difficult battle against spam. He said similar laws are being enacted in other states. The measure was approved and advanced to the Crime Prevention and Public Safety Committee. S.F. 1784, authored by Sen. Steve Murphy (DFL-Red Wing), exempts property, which is part of a simple-cycle combustion-turbine electric generation facility, from property taxes. The bill was advanced to the Tax Committee. Murphy also sponsored a bill, S.F. 526, creating a program to retain manufacturing jobs in Greater Minnesota through wage subsidy grants. The bill specifies that the grant for a single job may not exceed $10,400 consisting of a maximum of $4 an hour in wage subsidy and a maximum of $1 an hour in benefits subsidy. The bill further provides that an employer may not receive more than $4 million in grants. In addition, the grants may not extend beyond 48 months. Murphy said the bill is one more tool to use in keeping jobs in the state. The bill was approved and advanced to the Finance Committee.

A bill, S.F. 969, urging state agencies to use vehicles that use renewable fuels, such as biodiesel and ethanol, was also heard. The measure, sponsored by Sen. Jim Vickerman (DFL-Tracy), also requires the state to reduce the use of gasoline by state-owned vehicles by 25 percent by 2010 and by 50 percent by 2015. The measure was approved and advanced to the floor. S.F. 728, carried by Sen. Dennis Frederickson (R-New Ulm) on behalf of Sen. Gary Kubly (DFL-Granite Falls), provides for economic growth in rural counties by allowing a credit against the income tax of an employer for the creation and retention of jobs. The measure was approved and advanced to the Tax Committee. S.F. 1465, authored by Kubly, provides for a property tax exemption for a biomass electric generation facility. The facility will use poultry litter when operational. The bill was also re-referred to the Tax Committee. S.F. 775, carried by Sen. Julie Rosen (R-Fairmont), provides for a sales tax exemption for biomass burning stoves. The bill was also re-referred to the Tax Committee.

S.F. 1495, authored by Sen. Sean Nienow (R-Cambridge), authorizes the city of Taylors Falls to establish and exercise border city development zone powers. The measure was approved and sent to the Tax Committee.

A bill, S.F. 895, providing for a foreign trade zone to be designated an international economic development zone, was also approved. The measure, sponsored by Sen. Ann Rest (DFL-New Hope), was approved and sent to the Tax Committee.

Two bills sponsored by Sen. Thomas Bakk (DFL-Cook) were also approved. S.F. 409 authorizes the Iron Range Resources and Rehabilitation Board to offer an early separation incentive program for its employees who have attained the age of 60 years or who have received credit for at least 30 years of allowable service. The bill was re-referred to the Finance Committee. S.F. 1564 modifies provisions relating to the JOBZ provisions. Bakk said the bill is an effort to tighten up some of the requirements in the program. In addition, the bill contains a prohibition on retail, he said. The bill was re-referred to the Finance Committee.

S.F. 677, authored by Kubly, provides an appropriation to the Minnesota Historical Society for the operation of the Kelley Farm, Hill House, Lower Sioux Agency, Fort Ridgely, Historic Forestville, Forest History Center and Comstock House. The measure was advanced to the Finance Committee.

The final bill on the agenda, S.F. 514, redefines low-income area for the purpose of the urban initiative program. The measure, sponsored by Sen. Linda Scheid (DFL-Brooklyn Park), defines the low-income area as those cities in the Metropolitan Area, which contain two or more contiguous census tracts that have an average income that is below 80 percent of the median income for a four-person family as of the latest report by the United States Census Bureau. Scheid said current law limits cities that fit the definition. The expansion of the definition allows more areas to be eligible for loans as part of the urban initiative program. The measure was approved and sent to the full Senate.

The Jobs, Energy and Community Development Committee's Subcommittee on Telecommunications and Technology met in the evening Wed., Mar. 30. The subcommittee, chaired by Sen. Steve Kelley (DFL-Hopkins), assembled the telecommunications omnibus bill and considered three other measures.

S.F. 1370, authored by Kelley, is the vehicle for the omnibus bill. The measure provides for standardized telecommunications contracts. The bill also directs the public utilities commission (PUC) to develop the contracts and authorize them in lieu of tariffs. Finally, the bill outlines various violations under which the contracts may be retracted and certain consumer protections associated with them.

Several other bills were amended onto S.F. 1370. S.F. 640, carried by Sen. Scott Dibble (DFL-Mpls.), and S.F. 1353, carried by Sen. Thomas Neuville (R-Northfield), both relate to wireless telephone directories. Both bills provide for the regulation of wireless telephone directories. S.F. 640 prohibits the inclusion of a person's number in the data base without notification while S.F. 1353 requires notice and customer authorization to include the number. Dibble also sponsored S.F. 1068, which prohibits telecommunications carriers from charging customers for long-distance service after the customer has requested to cancel service. Kelley and Sen. Dan Sparks (DFL-Austin) sponsored S.F. 1540 and S.F. 1612 respectively. Both provide for the regulation of telephone companies basic services by specifying the authority of the PUC, outlining implementation and providing for the imposition of tariffs and regulating rates. Kelley also carried S.F. 688. The bill allows counties, cities or towns to add necessary or desired cable communications franchises. The bill also prescribes the requirements the new franchises must meet, such as allowing consumers to have access to local public, educational and government access channels. Sen. Ellen Anderson (DFL-St. Paul) carried S.F. 1647. The measure requires the PUC to establish a combined per number fee and directs the commission to establish guidelines for the collection of the fee.

S.F. 1370, as amended, was approved and re-referred to the full Jobs, Energy and Community Development Committee.

Kelley also carried S.F. 1225, which establishes a broadband loan fund. The fund would provide loans to government units for local construction of telecommunications infrastructure, said Kelley. The measure also outlines the conditions and requirements to be met to receive the loans.

Senators approved S.F. 1225 and re-referred it to the Jobs, Energy and Community Development Committee.

S.F. 1045, authored by Sen. Jane Ranum (DFL-Mpls.) was also sent to the Jobs, Energy and Community Development Committee. Under the bill, the commissioner of public utilities is exempt from contracting for or paying for services federally mandated of wire line or wireless telecommunications service providers. The bill also increases the minimum or maximum 911 telecommunications service fees and provides for the distribution of the resulting revenue. Additionally, the bill expands the governmental authority of the Metropolitan Council to issue revenue bonds to reimburse local districts for building certain subsystems and provides for a property tax levy, the money from which is to be appropriated to the commissioner of public utilities for public safety and medical resource centers.

A number of energy bills were considered at the Thurs., Mar. 31, meeting of the Jobs, Energy and Community Development Subcommittee on Energy. The panel, chaired by Sen. Gary Kubly (DFL-Granite Falls), advanced all the bills to the full committee.

S.F. 1179, sponsored by Sen. Betsy Wergin (R-Princeton), provides an appropriation for a geothermal system for a cooperative joint community learning center and health and wellness center in Onamia. Kubly sponsored a second bill relating to geothermal heating and cooling systems. S.F. 1921 requires public utilities to offer incentives for the purchase of geothermal heating and cooling systems. The bill provides for a one-time incentive of $200 per ton for systems purchased after June 30, 2005. Kubly said the bill defines "ton" as a measure of heating/cooling capacity equivalent to 12,000 BTUs. In addition, the measure exempts geothermal equipment from general sales and use taxes.

S.F. 2028, also carried by Kubly, provides for an appropriation for a project that uses a soy-diesel generator to provide backup power for a wind energy conversion system. Kubly said there is an excess of soy-diesel and that using it as a backup for wind energy would allow for a more constant source of energy.

Members also approved a bill, S.F. 1687, requiring utilities to meet renewable energy standards. The measure, sponsored by Sen. Ellen Anderson (DFL-St. Paul), requires utilities to generate 20 percent of their electricity from renewable energy sources by 2020. The bill also specifies generation of 15 percent renewable energy by 2015 and 10 percent renewable energy by 2013. Anderson said the measure is to encourage the generation of electricity from renewable sources. She said having a consistent policy in place allows companies to better plan how to diversify. Sen. Steve Kelley (DFL-Hopkins) said standards would also encourage entrepreneurs in the development of alternative energy sources. Anderson said the bill is a reasonable approach to a long term goal.

A bill providing for a biodiesel fuel home heating use analysis was also advanced. S.F. 1385, sponsored by Sen. Julie Rosen (R-Fairmont), was amended to include industrial use as an area for analysis. The bill was advanced to the full committee. S.F. 1673, sponsored by Sen. Scott Dibble (DFL-Mpls.), allows businesses and residential customers to take an income tax subtraction for wind generated electricity purchases. Dibble said the bill provides a small benefit for customers who participate in a utility's green pricing program. He said customers who participate pay a premium for energy and the bill allows a deduction from income tax to partially offset the premium.

S.F. 1846, sponsored by Kelley, establishes an energy savings program and authorizes the Dept. of Administration to use energy forward pricing mechanism for budget risk reduction.

The Judiciary Subcommittee on Family Law returned from their spring break Tues., Mar. 29, to consider several bills dealing with child custody and related provisions.

The panel began work on a bill, S.F. 1900, providing for an income shares system of child support. Sen. Linda Berglin (DFL-Mpls.) said the idea for an income shares system for child support has been around for a long time. She said the measure is the product of recommendations made by a gubernatorial task force on child support, maintenance, and child custody. She said the bill bases child support on the income of both parents, but uses the gross income of the parents. The bill also recognizes that noncustodial parents have expenses, but does not tie support orders to parenting time. It incorporates recommendations of a work group on medical support in order to guide the court on ordering medical support. The bill makes numerous other changes relating to child support. Berglin said the bill is superior to other legislation before the panel because it preserves many of the positive elements of the current system. Members discussed the bill before advancing it to the full committee for further discussion and work.

Subcommittee Chair Thomas Neuville (R-Northfield) sponsored a bill, S.F. 1920, returning to a safety focus when awarding custody and parenting time in the context of a domestic abuse hearing. The measure was approved and advanced to the full committee.

S.F. 1136, sponsored by Sen. Michele Bachmann (R-Stillwater), requires that a final adoption decree must include a contact agreement between the adoptive parents and the birth relatives. The bill also specifies that an adoption placement is terminated if the agreement is violated by the adoptive parents. The measure also imposes forfeitures of aids or government subsidies if the adoptive parents fail to honor the agreement. In addition, the measure provides that the contact rights of birth relatives are canceled if the birth relatives violate the agreement. The bill also encourages mediation to allow the parties to come to agreement on the terms of the contact agreement, Bachmann said. Debi Burmeister, a grandparent, spoke in support of the bill and told of her experience when her grandchildren's adoptive family decided to not allow the Burmeisters to see their grandchildren. She said she and her husband had no recourse when the adoptive parents violated an open adoption agreement which had specified they could visit the children. Members approved the bill for inclusion in the omnibus bill.

In other action, the panel also approved a bill clarifying that support orders also include orders for spousal maintenance. S.F. 1479, sponsored by Sen. Becky Lourey (DFL-Kerrick), also allows the Dept. of Human Services to continue using its collection process for a spousal order, whether or not the order contains a child support order. Lourey said the department had been collecting the spousal maintenance, but stopped the practice last summer. The bill was recommended for inclusion in the subcommittee's omnibus family law bill, S.F. 644.

S.F. 1211, authored by Sen. Don Betzold (DFL-Fridley), provides for a background check of an individual being considered as a custodian and modifies the requirements for adoption consents and placement resources for children who are in the legal custody of a social services agency. The measure was sent to the full committee for additional work before being included in the omnibus family law bill.

Finally, members also considered S.F. 1581. The bill, also sponsored by Neuville, requires information about legal descriptions in summary real estate disposition judgments. The measure was recommended for inclusion in the panel's omnibus bill.

A bill providing for the treatment of information in the Comprehensive Incident-Based Reporting System (CIBRS), maintained by the Bureau of Criminal Apprehension, was heard by members of the Judiciary Subcommittee on Data Practices at their Tues., Mar. 29, meeting.

S.F. 1833, carried by Subcommittee Chair Wesley Skoglund (DFL-Mpls.), allows CIBRS data to be used only by law enforcement agencies and only for criminal investigations and background checks. The data in the system is classified as private when an investigation becomes inactive or when the data has not been updated for 120 days, under the bill. The measure also limits the use of CIBRS data to personnel certified by the bureau and provides procedures for data subjects to challenge system data.

Bloomington Police Chief John Laux said the system is needed to let law enforcement officers do their jobs effectively on a daily basis. It is absolutely necessary that law enforcement be able to share credible data, he said. Law enforcement supports necessary, appropriate restrictions on the use of data so that individuals' rights are respected, Laux said. Wabasha County Sheriff Rodney Bartsch said law enforcement agencies of all sizes need access to each other's information. S.F. 1833 was recommended for inclusion in the omnibus data practices bill.

Panel members also considered three additional bills. Sen. Sandra Pappas (DFL-St. Paul) carried a bill, S.F. 1253, permitting the St. Paul Convention and Visitors Bureau to merge with the RiverCentre Authority, creating a nonprofit organization to manage the RiverCentre complex. Members adopted an amendment, at Pappas's request, clarifying the applicability of the Open Meeting Law and the Data Practices Act to the merged entity. The amended bill provides that the laws apply to the new organization, except that data used in preparing or submitting requests for proposals or requests for bids relating to events involving the city are classified as nonpublic or private for five years. Shamus O'Meara, a member of the existing RiverCentre Authority board, said the exception is necessary to ensure that the new organization is not placed at a competitive disadvantage compared to other convention and visitors bureaus. The bill was advanced to the full committee.

S.F. 1729, sponsored by Sen. Steve Kelley (DFL-Hopkins), classifies as nonpublic the financial and proprietary data acquired in connection with venture investments made by the State Board of Investment. Data related to the amount, market value, board commitment, rate of return and industry of activity are classified public, under the bill. Howard Bicker, the board's executive director, said many venture firms are no longer allowing public entities to invest as limited partners because of the ability of competitors to gather information that non-public investors are not required to disclose. Bicker said current disclosure requirements hamper the state's ability to engage in investment activity it has used since the 1990s. Richard Neumeister, a citizen activist, said three additional pieces of information-the date the firm was established, the names of principals and a description of the types of business engaged in by the firm-should also be made public. He said the need for secrecy regarding real estate investments was not as compelling as the need in other venture areas. Kelley said the information suggested by Neumeister was not eligible for protection under the bill, since the information is not considered proprietary and the information is readily available under most states' required corporate filings. S.F. 1729 was forwarded to the full committee.

Sen. David Senjem (R-Rochester) carried a bill, S.F. 853, permitting six boards within the Dept. of Employment and Economic Development to hold meetings electronically. Similar authority already exists for four other boards within the department. The measure was recommended for inclusion in the omnibus data practices bill.

The subcommittee also considered provisions from two tax bills, S.F. 1209 and S.F. 823, which were not before the committee. Mike Roelofs and Rick Walser, both with the Dept. of Revenue, discussed the proposals. The provisions from S.F. 823 provide that the taxpayer identification numbers of business entities are public data and clarify that, for a business entity, the data subject is a partner, owner or officer, the individual who signed the business's tax return or an employee responsible for dealing with tax matters. The provisions from S.F. 1209 relate to information about complaints made against tax preparers. Under the bill, complaint information is nonpublic until a tax preparer is penalized, at which point the information is made public.

The Judiciary Committee met Thurs., Mar. 31, to consider two bills relating to emergency powers. The panel, chaired by Sen. Don Betzold (DFL-Fridley), also took action on two additional bills.

S.F. 1483, making modifications to the Minnesota Emergency Health Powers Act, sparked considerable discussion. The measure, sponsored by Sen. Becky Lourey (DFL-Kerrick), defines a declared emergency as a national security or peacetime emergency declared by the governor. The bill also limits the definition of volunteers in emergency or disaster situations as employees of the state or local government units, removes public health emergencies from provisions regulating national security or peacetime emergency declarations, authorizes the governor to issue emergency executive orders upon finding the number of seriously ill or injured persons in excess of the emergency hospital or medical transport capacity of one or more regional hospital systems and continues provisions under the act beyond the sunset.

Sen. Warren Limmer (R-Maple Grove) offered an amendment providing for a sunset on several provisions to Aug. 1, 2007. The bill provides that other sections sunset Aug. 1, 2005. Members adopted the amendment.

Members also adopted an amendment specifying that when the governor declares a peacetime emergency, the leadership of the Senate and House of Representatives must be notified immediately. The amendment also authorizes the Legislature to terminate a peacetime emergency extending beyond 30 days. Under the amendment, if the Legislature is not in session the governor must call a special session in order to extend the emergency beyond 30 days.

The bill was approved and advanced to the Crime Prevention and Public Safety Committee.

A second bill, S.F. 1482, relating to emergency situations was also approved. The bill, sponsored by Lourey, modifies provisions for isolation and quarantine of persons exposed to or infected with a communicable disease. Limmer offered an amendment extending the sunset to Aug. 1, 2007. Members adopted the amendment and approved the bill. The measure was re-referred to the Crime Prevention and Public Safety Committee.

The committee also approved two additional bills. S.F. 1253, sponsored by Sen. Sandra Pappas (DFL-St. Paul), makes changes to provisions relating to the management and operation of the St. Paul RiverCentre complex. The bill was sent to the full Senate. S.F. 1729, carried by Sen. Steve Kelley (DFL-Hopkins), authorizes the State Board of Investment to make venture capital investments using the environmental and natural resources trust fund. The measure was approved and advanced to the Finance Committee.

A measure preserving access to data relating to terminated state employees was approved by members of the Judiciary Committee, meeting during the evening hours of Thurs., Mar. 31. S.F. 819, carried by Sen. John Marty (DFL-Roseville), requires the data to be preserved for at least three years after the employee has been terminated.

Sen. David Hann (R-Eden Prairie) said the bill also appears to require reinstatement of an employee if data was mishandled or lost, regardless of the relationship between the data and the employee's reason for termination. An employee may be terminated for all the right reasons, he said, but be reinstated because of a data mistake. Sen. Thomas Neuville (R-Northfield) offered an amendment providing that reinstatement occurs only if the lost data relates to the reasons an employee was terminated or the employee's claimed reasons for wrongful termination. The amendment was adopted.

Paul Larson, deputy commissioner of employee relations, said a provision prohibiting employers from taking adverse action against an employee who reports serious waste, inefficiency or mismanagement could serve as a ruse for employees. Any employee could allege inefficiencies or perceived mismanagement, he said. Larson also noted that the provision applies to unclassified employees, such as deputy and assistant commissioners, who serve entirely at the pleasure of the appointing authority. Marty said the provision is targeted at retaliatory termination, not termination for legitimate reasons. S.F. 819 was advanced to the Finance Committee.

Committee members, chaired by Sen. Don Betzold (DFL-Fridley), also took action on six additional bills at the evening meeting. S.F. 361, carried by Sen. Wesley Skoglund (DFL-Mpls.), is the omnibus data practices bill, containing provisions from numerous measures heard by the Data Practices Subcommittee over the course of the session. Members adopted an amendment, offered by Betzold, deleting provisions relating to copy fees that may be assessed to individuals seeking access to data. S.F. 361 was advanced to the full Senate. Betzold carried S.F. 966, which contained the copy fee provisions deleted from the omnibus data practices bill. Because the provisions must be reviewed by the Finance Committee, Betzold said he wanted them to advance separately. S.F. 966 was re-referred to the Finance Committee.

S.F. 1211, also sponsored by Betzold, revises adoption procedures for children under the child protection law. The measure was re-referred to the Finance Committee. Neuville carried S.F. 1920, which allows judges to consider best interests factors, but does not require best interests findings, when awarding temporary custody of children in domestic abuse proceedings. The bill was sent to the Senate floor. Neuville also sponsored the omnibus family law bill, S.F. 644. The bill contains provisions from proposals heard by the Family Law Subcommittee over the course of the session. Members adopted an amendment, offered by Betzold, clarifying surrogacy issues related to paternity presumption modifications in the bill. Members also deleted provisions relating to spousal maintenance collection by the Dept. of Human Services. S.F. 644 was sent to the full Senate. S.F. 1479, carried by Sen. Becky Lourey (DFL-Kerrick), containing the spousal maintenance provisions, was also sent to the full Senate. Betzold said there is an urgency of action regarding the spousal maintenance collection issue and a separate bill permits the provisions to be considered more quickly.

The committee also considered, but took no action on, two child support reform bills-S.F. 630, carried by Neuville, and S.F. 1900, carried by Sen. Linda Berglin (DFL-Mpls.). The authors reviewed the approach each bill takes and the differences between the bills. Betzold said S.F. 630 would be the vehicle for any child support modifications. He said the companion bill has already met deadline in the other body, so the measure does not need immediate action in the committee.

Members of the K-12 Education Budget Division heard three bills at their first meeting, Tues., Mar. 29, after the Senate's spring break. The panel, led by Vice Chair Sharon Marko (DFL-Cottage Grove), laid the bills over for possible inclusion in the omnibus K-12 education budget bill.

S.F. 1324, carried by Sen. Thomas Neuville (R-Northfield), allows school boards to elect to levy debt service against alternative referendum market value. The bill also defines alternative referendum market value as the market value of all taxable property in the district, except class 2 property, other than the portion of class 2a property consisting of the house, garage, and surrounding one acre of land of an agricultural homestead. The measure also provides a formula for determining the alternative referendum market value of class 3 property.

Sen. Wesley Skoglund (DFL-Mpls.), sponsored S.F. 1367, which provides that a school district's net debt limit does not include bonds issued to pay pension fund liabilities. Marko carried S.F. 1052, which establishes a five-year pilot program in the South St. Paul School District to assess the benefits of extending the International Baccalaureate program across all grades in the district and to measure the program's effectiveness in improving student performance and academic achievement.

The K-12 Education Budget Division, chaired by Sen. LeRoy Stumpf (DFL-Plummer), met Wed., Mar. 30, to consider a series of bills dealing with local levies. Members took no formal action on the bills and laid the measures over for possible inclusion in the division's omnibus bill.

S.F. 81, sponsored by Sen. Mark Ourada (R-Buffalo), expands the use of the building lease levy to include a school district that is a member of the Wright Technical Center. The measure authorizes the use of the levy for up to 90 percent of the costs associated with leases of administrative and classroom space at the Wright Technical Center, not to exceed $22.50 times the adjusted marginal cost pupil units of the member districts.

S.F. 592, carried by Sen. Rod Skoe (DFL-Clearbrook), makes adjustments to the Dept. of Education's treatment of the Fertile-Beltrami tax base when making levy adjustments. S.F. 807, sponsored by Sen. Gary Kubly (DFL-Granite Falls), authorizes a severance levy for Independent School District # 2853, Lac qui Parle Valley, of up to $150,000 each year for a period of ten years. S.F. 696, authored by Sen. Steve Dille (R-Dassel), authorizes a levy for Independent School District #2859, Glencoe Silver Lake, of up to $81,276.

S.F. 522, carried by Sen. Michelle Fischbach (R-Paynesville), reserves safe school levy funds and authorizes school districts to use safe school levy funds for school counselors. S.F. 50, sponsored by Sen. Steve Murphy (DFL-Red Wing), authorizes a levy for Independent School District #256, Red Wing, for the construction deficit for building the community ice arena.

Members of the K-12 Education Budget Division held an evening meeting, Wed., Mar. 30, to consider the Dept. of Education budget and federal funds received by the department. The panel, chaired by Sen. LeRoy Stumpf (DFL-Plummer), also heard a presentation from the Association of Metropolitan School Districts on how school finances are described.

In other action, the division heard two bills, both carried by Stumpf. S.F. 394 authorizes ISD 595, East Grand Forks, to exercise its remaining levy authority for disability access projects. S.F. 1402 provides for the completion of a study on improving the state's school finance system. The first phase of the study was completed in July 2004. Both bills were laid over for possible inclusion in the omnibus budget bill.

A bill regulating outsourcing by state agencies and local units of government was approved by members of the State and Local Government Operations Committee at their Wed., Mar. 30, meeting.

S.F. 796, carried by Sen. Scott Dibble (DFL-Mpls.), requires agencies to disclose why they are exploring outsourcing and requires potential private contractors to disclose a range of information about their businesses, including the length of continuous employment by current employees, employee turnover rates, collective bargaining agreements or personnel policies, regulatory complaints and political contributions made. The bill also imposes a minimum wage rate equal to average wages paid to public employees performing the same services, limits the length of outsourcing contracts to two years and imposes affirmative action requirements on contractors. Before entering into an outsourcing contract, the agency must determine that the quality of services provided will be equal to or exceed the quality provided by public employees and that the contract will save at least 15 percent compared to the cost of using public employees.

Dibble said the bill seeks accountability in outsourcing, an assurance that privatization is cheaper than using public employees and proof that contractors are qualified to provide services. Outsourcing has gained adherents, he said, but we need to make sure the jobs provided by private contractors do not pay less than and offer fewer benefits than public employment. Kristin Beckmann, Service Employees International Union, said the bill is not designed to prohibit outsourcing, but only to require government bodies considering outsourcing to do their due diligence.

Paul Larson, deputy commissioner of the Dept. of Employee Relations (DOER), said the bill has a very broad scope, by imposing the requirements on all state agencies, all municipalities, the Metropolitan Council and the Metropolitan Airports Commission. The bidding requirements of the bill, he said, are so daunting that many agencies will be dissuaded from even examining outsourcing. Larson said many of the bill's terms, such as the use of "substantially similar" when comparing services provided by public employees and private contractors, are open to conflicting legal interpretations. Subcontracting for services is appropriately discussed at the bargaining table between management and labor, Larson said. The bill essentially locks out the ability of management to consider outsourcing instead of using public employees, he said.

An amendment, offered by Sen. Claire Robling (R-Jordan), to reduce the required costs savings from 15 percent to 10 percent was defeated on a voice vote. The bill was advanced to the full Senate.

Committee members advanced three additional bills to the Senate floor. S.F. 1084, sponsored by Sen. Jane Ranum (DFL-Mpls.), requires pay equity reports to be filed with DOER every three years, instead of every five years. S.F. 1308, authored by Sen. Becky Lourey (DFL-Kerrick), permits public employees elected to tribal office to take an unpaid leave of absence. S.F. 1530, carried by Sen. Betsy Wergin (R-Princeton), transfers the authority to hear state employee appeals of disciplinary actions from the Office of Administrative Hearings to the Bureau of Mediation Services.

Sen. John Hottinger (DFL-St. Peter) carried a bill, S.F. 1551, requiring the secretary of state to adopt rules for training polling place challengers. The measure was advanced to the Crime Prevention and Public Safety Committee. S.F. 1164, sponsored by Sen. Sheila Kiscaden (IP-Rochester) and modifying the governance structure of the Minnesota Comprehensive Health Association, was forwarded to the Tax Committee. S.F. 1145 was recommended for placement on the Consent Calendar. Carried by Sen. Jim Vickerman (DFL-Tracy), the bill permits the Nobles County Board to make the offices of county recorder and county auditor-treasurer appointive.

Three bills were advanced to the Finance Committee. Dibble sponsored S.F. 1098, which extends the sunset date for the Game and Fish Citizen Oversight Committee from 2005 to 2010. S.F. 1796, carried by Kiscaden, provides for the creation of a Health Care Purchasing Authority responsible for all state purchasing of health care. Sen. Linda Berglin (DFL-Mpls.) authored S.F. 1523, which directs the commissioner of employee relations to deliver pharmaceutical benefits provided under the state employee health plan through a pharmacy benefits management system.

The State Government Budget Division met Wed., Mar. 30, to consider several bills. One of the highlights was consideration of S.F. 22, which establishes a prescription drug bulk purchasing program. The bill, sponsored by Sen. Yvonne Prettner Solon (DFL-Duluth), directs the commissioner of human services to establish and administer intrastate prescription drug bulk purchasing program and to consolidate the drug purchasing by state hospitals and other health care facilities, state educational facilities, the state health plan and other state and local government entities. The bill also directs the commissioner to establish or join an existing interstate prescription drug bulk purchasing program with other interested states.

In addition, the bill also directs the Dept. of Administration to negotiate with state-approved Canadian or European pharmacies or wholesalers the prices to be charged to Minnesota residents who purchase drugs from Canada or Europe. The measure also requires the commissioner to establish a public/private intrastate purchasing alliance in order to consolidate drug purchasing. Finally, the measure specifies that the bulk drug purchasing program doesn't have to be implemented if the commissioner determines the program wouldn't result in significant savings. The bill provides that Medical Assistance, MinnesotaCare and the Dept. of Corrections are not included unless it is determined to be beneficial to the state and result in savings.

Solon said 15 other states have established similar programs. "We must seek innovative and extensive alternatives for drug purchasing," Solon said. She said establishing bulk purchasing could lead to significant for the state.

Division Chair Sheila Kiscaden (IP-Rochester) said the bill did not contain language describing the distribution system and that it was unclear how the measure would result in savings for consumers.

Sen. Mady Reiter (R-Shoreview) moved to table the bill indefinitely. The motion failed. The bill was laid over for further consideration.

The division also heard a variety of other bills. S.F. 267, sponsored by Sen. Steve Murphy (DFL-Red Wing), provides for an increase in county recorder fees and standardizes the fees across the state. The bill also creates a technology fund for obtaining and updating current technology and equipment to provide services from the record system. Under the bill, the fee for indexing and recording any deed or other instrument is $40. The measure specifies that of the $40, $4 is to be paid to the state general fund, 50 cents is retained by the county to cover the administrative costs, $10 is deposited into a technology fund and $25.50 is deposited in the county's general fund. The measure was laid on the table for further work.

S.F. 918, carried by Sen. Jim Vickerman (DFL-Tracy), provides for grants to the Vinland Center to provide services to veterans for vocational rehabilitation, developmental disabilities and chemical dependency. The measure appropriates $200,000 for FY 2006 and $150,000 for FY 2007. Former Sen. Roger Moe spoke in support of the bill. "Vinland was founded in 1976 with money given as a bicentennial gift to the United States from the government of Norway," Moe said. He said Vinland Center is modeled after Beitostolen, a Norwegian rehabilitation center that is one of the most innovative facilities in the world. The center offers a variety of programs to meet specialized rehabilitation needs, he said. The panel adopted a motion to lay the bill over for possible inclusion in the omnibus bill.

Sen. Rod Skoe (DFL-Clearbrook) carried a bill, S.F. 1526, appropriating $20,000 to the Legislative Coordinating Commission for purposes of the Legislators' Forum, through which Minnesota Legislators meet with their counterparts from South Dakota, North Dakota and Manitoba to discuss issues of mutual concern. Skoe said the forum is important to maintain ongoing discussions on topics ranging from tourism to terrorism. The panel adopted a motion to lay the bill over for possible inclusion in the omnibus bill.

S.F. 1216 was also laid over for possible inclusion in the omnibus bill. The measure, sponsored by Sen. Ann Rest (DFL-New Hope), appropriates $250,000 for the biennium to make grants to organizations to coordinate and aid in providing taxpayer assistance programs. Taxpayer assistance, Rest said, means accounting and tax preparation services provided by volunteers to low-income and disadvantaged Minnesotans to help them file federal and state income tax returns and Minnesota property tax refunds. The panel also heard S.F. 1524, sponsored by Sen. Jim Metzen (DFL-South St. Paul), making an appropriation for a grant to Assistive Technology of Minnesota. The bill earmarks $250,000 to administer a micro loan program to support the purchase of equipment and devices for people with disabilities and their families and employers and $50,000 to develop the Access to Telework program.

A resolution recommending a maximum limit on general fund revenues and net appropriations was the sole topic of discussion at the Wed., Mar. 30, meeting of the Tax Committee. The resolution was advanced to the Finance Committee.

Committee Chair Lawrence Pogemiller (DFL-Mpls.) said the panel had essentially three options to set the revenue target. The number could be set using the price of government resolution, using the total of proposals already approved by the committee in its two omnibus tax bills or using the total of new initiatives proposed by the governor. Pogemiller suggested the committee follow the second route and set the number at $29.971 billion. We do not know what the Finance Committee wants to spend, he said, and there is no good way to guess at the spending target. It is likely that we will need a higher revenue target when the Finance Committee is done, Pogemiller said. Members spent much of the committee's time discussing the wisdom of Senate Rule 7, which requires the resolution to be considered in the Tax and Finance Committees and reported to the Senate.

The Transportation Committee, chaired by Sen. Steve Murphy (DFL-Red Wing), met Tues., Mar. 29, to tackle a lengthy agenda. The panel held both afternoon and evening meetings in order to complete work on a variety of measures.

Members began with consideration of S.F. 1541. The bill, sponsored by Sen. Rod Skoe (DFL-Clearbrook), allows vehicles up to 80,000 pounds to have access to a terminal or facilities for food, fuel and repairs that are within three miles of a ten-ton route. The bill was approved and advanced to the Senate floor.

S.F. 1259, sponsored by Sen. William Belanger (R-Bloomington), exempts recycling and garbage trucks used exclusively for collecting household refuse or garbage or recycling discarded household refuse from weight restrictions while collecting or recycling in a political subdivision that mandates curbside recycling pickup. The measure was approved and recommended for placement on the Consent Calendar. S.F. 1095, carried by Sen. Michelle Fischbach (R-St. Cloud), authorizes the commissioner of public safety to waive the road test for licensed military personnel. The bill was approved and sent to the full Senate. S.F. 1425, sponsored by Sen. Julianne Ortman (R-Chanhassen), provides for the classification of data the Dept. of Transportation (MnDOT) uses in the design-build process. Ortman said the classification of the data as nonpublic is necessary to preserve the integrity of the design-build process. The measure was approved and re-referred to the Judiciary Committee.

S.F. 578, authored by Sen. Richard Cohen (DFL-St. Paul), allows local governments to set speed limits on local streets and highways for safety purposes without requiring the approval of the commissioner of transportation. St. Paul City Councilpersons Pat Harris and Jay Benanav spoke in support of the bill. Harris said communities are growing more populous, more individuals have cars and it is the local government officials who best know the safety needs of a particular area. Members adopted an amendment, offered by Sen. Claire Robling (R-Jordan), limiting the bill to residential roadways. Betsy Parker, director of government affairs for MnDOT, expressed concern about adjacent communities having different speed limits. Members also said language in the bill needed to be altered to specify the need for the appropriate types of studies to be considered before changing a speed limit. Members laid the bill on the table in order to draft an amendment.

When members returned for the evening meeting, S.F. 578 was taken from the table. An amendment to address the concerns the committee had raised was adopted before the bill was approved and re-referred to the Senate floor.

Another bill, S.F. 1724, limiting parking in special van-only handicapped parking spaces to vans specially modified for handicapped persons, was also laid on the table. Sen. David Gaither (R-Plymouth) said after drafting the bill to address the concerns of a constituent, it became clear there were unintended consequences. He asked that the bill be laid on the table in order to continue working with the concerned parties. Robling also carried a bill modifying disabled persons parking provisions. The bill, S.F. 1506, is a department bill that makes numerous technical and clarifying changes to provisions relating to parking for persons with disabilities. The bill was approved and advanced to the full Senate.

S.F. 957, sponsored by Sen. Sharon Marko (DFL-Cottage Grove), allows the Dakota County regional rail levy to be used to plan, establish, construct and operate a bus rapid transit system within the Cedar Avenue Transitway Corridor in Dakota County. Marko said the county discovered the funds raised by the regional rail levy could not be used on the bus rapid transit system because there was no rail component. The bill was approved and re-referred to the Tax Committee.

Sen. Jim Vickerman (DFL-Tracy) authored a bill, S.F. 734, making a number of changes in laws relating to the military. The bill was in the committee because of a provision authorizing providing for special "Support Our Troops" license plates. The bill was approved and re-referred to the Finance Committee.

Sen. Ann Rest (DFL-New Hope) sponsored a bill, S.F. 1536, aimed at encouraging the use of hybrid vehicles. The bill allows hybrid vehicles to use any high-occupancy vehicle lane, regardless of occupancy requirements established for other vehicles. In addition, the hybrid vehicle could be operated on the trunk highway system without imposing a user fee. The bill was approved and sent to the full Senate. Rest also authored S.F. 1037, a bill brought forward by MnDOT's Office of Aeronautics. The bill clarifies the process by which aircraft are registered and makes changes to provisions relating to maps. The bill also requires municipalities to repay the state airports fund the same percentage of the appraised value of the property if the land, acquired with state funds ceases to be used for aviation purposes. The measure was approved and advanced to the floor.

S.F. 1504, sponsored by Robling, is a department motor vehicle and drivers license technical bill conforming state law to federal law. The measure makes changes to motor vehicle and driver's license records privacy regulation and modifies traffic accident procedures. The measure was approved and re-referred to the Judiciary Committee.

S.F. 652, authored by Sen. Michael Jungbauer (R-East Bethel), establishes requirements for Metropolitan Airports Commission (MAC) meetings concerning reliever airports. Jungbauer said that currently, it is inconvenient and intimidating for individuals associated with reliever airports to try and attend MAC meetings. The bill requires the MAC to hold meetings to discuss reliever airport issues on the premises of a reliever airport during the evening hours. The bill also requires that meetings that pertain to a particular reliever airport be held at that airport. A member of the Reliever Airport Advisory Council spoke in opposition to the bill. He said the logistics of the measure make it difficult to implement. Jeff Hamiel, executive director, MAC, said it would be very difficult to comply with the requirements of the bill because some portion of nearly every meeting contains an agenda item relating to reliever airports. Jungbauer asked that the bill be laid on the table.

S.F. 1672, said chief author, Sen. Scott Dibble (DFL-Mpls.), is a departmental land acquisition bill. The bill modifies provisions relating to property transactions of the department, changes and removes highway routes and makes clarifying changes. Parker, again representing the department, explained the measure. She said one portion of the bill classifies data relating to appraisals as nonpublic because landowners did not want the data made public prior to negotiations. The measure was approved and advanced to the Judiciary Committee.

S.F. 1731, sponsored by Sen. Satveer Chaudhary (DFL-Fridley), prohibits retaining any information from scanning a driver's license except the document holder's name, date of birth, driver's license number and document expiration date. Chaudhary said the bill is one step in the process of trying to stem the tide of identity theft crimes. The measure also prohibits anyone from selling or otherwise disseminating the retained information to any third party for any purpose, including marketing or promotional activities. The bill was approved and sent to the Senate floor.

In addition to taking action on the bill relating to the Minneapolis-St. Paul International Airport at the Thurs., Mar. 31, hearing, members of the Transportation Committee also considered two bills dealing with local government traffic regulation. Committee Chair Steve Murphy (DFL-Red Wing) said the two bills were almost 180 degrees apart in their approach to traffic enforcement. S.F. 1713, sponsored by Sen. Leo Foley (DFL-Coon Rapids), prohibits the use of administrative enforcement of traffic regulations rather than the uniform traffic ticket in use for a number of years. Foley said the issue was basically about who received the money from violations. Under current law, traffic fines include a number of surcharges used to fund a variety of programs, Foley said. However, using the administrative penalty avoids the surcharges and results in much lower fines in some jurisdictions. He said another issue was the fairness of the system currently in place. S.F. 1042, authored by Sen. Paul Koering (R-Fort Ripley), specifically allows local units to enforce traffic violations through an administrative fine system. He said it comes down to a local control issue.

Bill Gillespie, Minnesota Police and Peace Officers, said peace officers support the measure prohibiting administrative enforcement. He said S.F. 1042 jeopardizes the peace officers training fund, which receives money from traffic ticket surcharges. "Too much is at stake. Our officers need the training," he said. Members heard testimony supporting S.F. 1713 from Neil Melton of the Peace Officer Standard and Training Board, Pat McCormack of the Dept. of Public Safety and John Haustaden of the Minnesota Trucking Association. McCormack said using an administrative fine system enables "masking" by preventing violations from being on a drivers record. In addition, she said there is a fiscal impact of about $4 million because reinstatement and revocation fees are deposited in the trunk highway fund. Haustaden said the trucking association supported S.F. 1713 because it provides uniformity across jurisdictions and because it was important to have an accurate driver record when considering hiring truck drivers.

A number of representatives from cities spoke in support of S.F. 1042. Mayor Alan Oberloh, city of Worthington, said the city began using the administrative fine process because it was cheaper than the statewide practice of issuing traffic tickets. Frank Pomeroy, police chief, city of Winona said officers needed a method to enforce traffic regulations without clogging the courts and allowing officers to control traffic. Erick Sorenson, city manager, city of Winona, said it was not a revenue issue, but a public safety issue. Michel Wetzel, sheriff, Morrison County, said public safety was the paramount reason for using the administrative fine process. In addition, Wetzel said the fines for traffic violations with all the surcharges were simply too expensive.

S.F. 1713 failed to gain approval on a divided voice vote. S.F. 1042 was approved and advanced to the State and Local Government Operations Committee.

Members also approved a bill, S.F. 1739, brought forward by MnDOT. The bill, sponsored by Sen. David Senjem (R-Rochester), contains changes to the registration refund process and clarifies when a refund must be issued. The bill was sent to the Senate floor. S.F. 80, sponsored by Sen. Michael Jungbauer (R-East Bethel), requires the commissioner of transportation and local units of government to adopt a model zoning ordinance and requires disclosure of airport zoning regulations that affect property in real estate transactions. The measure was approved and re-referred to the State and Local Government Operations Committee.

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April 1, 2005 Issue of Senate e-Briefly

Highlights

Committee update