May 24, 2005 Senate e-Briefly

The first half of the 84th Legislative Session ended at midnight, Mon., May 23, but moments later Legislators convened a Special Session. In the final days of the regular session, leaders of the House and Senate were unable to come to agreement on an overarching budget proposal. As a result, several major spending bills, as well as an omnibus tax bill were not completed before the constitutional deadline for adjournment. After the Senate completed business necessary for the organization of the body, members adjourned until later in the week in order to let a variety of working groups continue negotiations.

The first of the major appropriations conference committee reports was adopted Fri., May 20. The higher education appropriations bill, H.F. 1385, sponsored by Sen. Sandra Pappas (DFL-St. Paul), was repassed on a 49-18 roll call vote.

Pappas said, "We had a very cooperative working arrangement and though we would like to have done better, we feel this is a decent bill." Pappas said funding for Minnesota State Colleges and Universities (MnSCU) was increased by almost 9 percent and funding for the University of Minnesota was increased by almost 10 percent. Pappas said the conferees were not able to eliminate tuition increases, but the tuition increase for the MnSCU system will be held at about 4 percent and for the University at about 6 percent. The bill also has increased funding for child care grants, both individual and overall, Pappas said. She said the bill includes full funding for the Rochester Higher Education Development Committee to research and make recommendations about a four-year university in Rochester.

We had a bipartisan compromise to streamline the regent selection process, Pappas said. In addition, changes at the federal level generated some savings and we were able to increase the state grants through the Higher Education Services Office, she said. We acceded to the House request to have HESO set up an accountability report, Pappas said. In addition, Pappas said, "We are fully funding the recurring enrollment adjustment for MnSCU and the University. However, there is a sunset on the enrollment adjustment formula." The bill also increases the regulation and fees for career schools, she said. The bill sets up eight Centers for Excellence, provides for intervention grants for underserved populations to foster secondary school attendance and provides tuition assistance for deaf students.

Pappas said, "The biggest disappointment was that, even though all ten conferees supported it, there is a lack of a provision on defining residency. We heard that the governor would veto the entire bill if the provisions allowing undocumented young people to pay resident tuition." Sen. Mee Moua said, "The governor has turned a blind eye and a deaf ear to the dreams of immigrant children with the threat to veto the bill if a provision allowing undocumented workers resident tuition was allowed to stay."

Sen. Richard Cohen (DFL-St. Paul) said, "The bill is a disappointment because we were not able to make significant steps in rectifying the slippage that has occurred in higher education over the last few years." It was evident that higher education was not a priority for the governor or the other body, Cohen said.

Sen. Bob Kierlin (R-Winona) said, "This bill is an example of what the people of Minnesota expect from us in the final days of the session-the spirit of compromise. We have the best bill we could get for the session and we have it on time." Kierlin said, "We would all like to see more for higher education, but other areas also have great needs." Sen. Claire Robling (R-Jordan) said, "It takes compromise to get the job done. I hope the bill can serve as a model for the other omnibus bills. We have reversed the trend of cuts for higher education, we have some good policy in the bill and we funded some good smaller programs. "

Sen. David Tomassoni (DFL-Chisholm) said, "I did not sign the conference committee report and I will not be voting for the bill because we failed to eliminate tuition increases." He said there have been double digit tuition increases in the last few years. The bill doesn't even come close to making up for the cuts of the last few years, Tomassoni said.

Pappas said, "We all know the greatness of the state depends on education and higher education. I hope next year we will be able come to you with a great bill."

Senators used the mid-afternoon hours of the Mon., May 23, session to approve several conference committee reports, including the recommended public safety budget bill.

H.F. 1 contains appropriations of $1.785 billion for FY 06-07 and funds the operations of the judiciary, the Dept. of Public Safety, the Peace Officer Standards and Training Board, the Dept. of Human Rights, the Dept. of Corrections, the Sentencing Guidelines Commission and other public safety agencies. It also raises $37.831 million in general fund revenue by increasing several fees, including the criminal fine surcharge, the real estate recording fee, the parking citation surcharge, the civil court filing fee and the liquor wholesaler/manufacturer license fee.

Sen. Jane Ranum (DFL-Mpls.), chief sponsor and lead negotiator, said the bill is "a true example of a public safety bill that is tough, fiscally responsible, balanced and truly a bipartisan initiative." The measure keeps our communities safe, she said. The bill provides for sentences of life without release for a limited group of sex offenders and for persons who commit premeditated first-degree murder. It also includes indeterminate life sentences for many repeat sex offenders. This is truly what the public has in mind when we talk about putting away, for good, the worst of the worst, Ranum said. She said the bill also recognizes that an effective justice system requires providing adequate resources to prosecutors, judges, public defenders, probation officers, civil legal services and law enforcement. The 911 fee will be increased, she said, to pay for building out the 800 MHz communication system to St. Cloud and Rochester. Ranum said the bill also makes great strides in the area of victims' services by restoring lost funding and prohibiting employer retaliation against persons attending court proceedings.

The bill also includes many other policy provisions. Sen. Thomas Neuville (R-Northfield) said the bill includes provisions putting the emphasis on treatment at the front end of the system for nonviolent drug offenders. This bill offers a one-time opportunity for addicts in the correctional system to get their lives in order, he said. In 20 years, we will reap the benefits of today's action, Neuville said, in savings and safety. Sen. Julie Rosen (R-Fairmont) discussed provisions relating to methamphetamine. She said the final bill closely resembles the Senate language and carefully restricts, but does not ban, sales of pseudoephedrine. The bill includes grants for meth treatment programs and funds for additional enforcement and awareness efforts.

The Senate also adopted four additional conference committee reports. H.F. 473, carried by Sen. Betsy Wergin (R-Princeton), protects wedding rings and other symbols of marriage exchanged at the time of marriage from creditor actions against a debtor. The bill was repassed unanimously. H.F. 894, sponsored by Sen. Dennis Frederickson (R-New Ulm), contains several provisions relating to Dept. of Natural Resources public waters inventories; it was repassed on a 58-4 roll call vote. H.F. 987, carried by Sen. Ellen Anderson (DFL-St. Paul), regulating cribs, was repassed, 58-3. S.F. 1555, authored by Sen. Ann Rest (DFL-New Hope), makes numerous reforms to lawful gambling provisions. The bill was repassed, 56-2.

Senators concurred in the House amendments to S.F. 808. Sen. Steve Murphy (DFL-Red Wing), chief author, said the other body cleaned up the definition of motorized foot scooters, which the bill regulates. S.F. 808 was repassed without opposition.

Under a suspension of the rules, Senators granted final passage to three measures. H.F. 1528, carried by Sen. Dan Sparks (DFL-Austin), requires insurers to inform consumers of their legal rights to select repair shops when making auto claims. H.F. 2279, sponsored by Sen. Julianne Ortman (R-Chanhassen), exempts a proposed trail around Lake Benton in Cologne from wetland replacement requirements. Both bills were approved on unanimous votes. H.F. 2228, carried by Sen. Lawrence Pogemiller (DFL-Mpls.), recodifies the powers of the Dept. of Revenue. Members adopted an amendment, offered by Pogemiller, attaching language from the omnibus tax bills. Pogemiller said conferees on the tax bills considered the language the same or similar and had agreed to attach the language to H.F. 2228 to speed the conference committee process. The bill was granted final passage, 44-19.

In other action, numerous bills were considered as Special Orders as the Senate moved into the early evening hours.

H.F. 974, carried by Murphy, allows peace officers to move, when necessary, vehicles normally requiring a commercial driver's license to operate. S.F. 2093, authored by Sparks, regulates employee payroll cards. H.F. 2133, sponsored by Sen. Mady Reiter (R-Shoreview), permits the state to execute a 10-year lease on a building near the Capitol Complex for a child care facility. H.F. 986, carried by Sen. Linda Scheid (DFL-Brooklyn Park), expands the definition of low-income area for the purposes of an urban initiative loan program operated by the Dept. of Employment and Economic Development. Sen. Claire Robling (R-Jordan) sponsored H.F. 973, which modifies state employment provisions. All five bills were unopposed on final passage.

Murphy sponsored S.F. 2121, modifying provisions relating to commercial motor vehicle regulations. Members adopted an amendment, offered by Murphy, attaching provisions from the transportation policy bill previously approved by the Senate. Murphy said the amendment contains only the noncontroversial items from the earlier bill, except for a provision permitting, instead of requiring, the commissioner of transportation to set toll rates for off-peak hours on the high-occupancy vehicle lanes of I-394. S.F. 2121 was granted final passage, 59-3.

S.F. 200 prohibits expiration dates and service fees on gift certificates and gift cards. Sen. Wesley Skoglund (DFL-Mpls.), chief author, said the bill ensures that gift cards are worth what people pay for them and that recipients get the intended, full enjoyment of the gift. The measure, he said, does not regulate donations or other non-commercial certificates. Members adopted an amendment, offered by Skoglund, clarifying definitional differences between gift cards and bank-issued stored value cards, which are not regulated by the bill. Scheid offered, and Senators adopted, an amendment excluding prepaid telephone cards from regulation. Sen. David Gaither (R-Plymouth) offered an amendment permitting expiration dates and service fees if the terms are disclosed on the card or certificate. Skoglund said the amendment defeats the purpose of the bill and that the disclosure notices are often too small to read. The amendment was not adopted, 29-34. S.F. 200 was approved, 45-19.

Reiter carried H.F. 221, expanding the limited liability of landowners for recreational uses of their land to include rock climbing and planned cave exploration. Sen. David Hann (R-Eden Prairie) offered an amendment limiting the liability of food suppliers for weight gain; the amendment was ruled not germane to the bill. Rosen said the bill goes too far, because cave exploration and rock climbing are more dangerous than the activities protected under current law. Reiter said the bill is needed to encourage more landowners to allow their land to be used for these recreational purposes. H.F. 221 failed to gain approval on a 32-26 vote.

The Rules and Administration Committee met twice Mon., May 23. The first hearing, chaired by Sen. Dean Johnson (DFL-Willmar), was held in order to advance two bills to the Senate floor. The first measure, S.F. 2286, sponsored by Sen. Don Betzold (DFL-Fridley), is the annual revisor's bill that makes technical corrections in the bills passed by the Legislature over the course of the session. The second bill, S.F. 2085, provides an exemption to wetland replacement requirements due to the construction of a trail in or near the city of Cologne. Chief author, Sen. Julianne Ortman (R-Chanhassen), said the completion of the trail is a necessary improvement for safety in the area. Both bills advanced to the Senate floor.

The panel reconvened late in the evening to adopt a closing resolution allowing the Secretary of the Senate to perform duties relating to the operation of the Senate during the interim. In addition, members discussed a resolution setting the day for the start of the 2006 Legislative Session. Johnson said there is a disagreement with the other body over the start date. He said the other body wanted the start date to be March 14. However, several members of the committee said the late start date does not allow enough time for the Legislature to complete its work. The panel adopted a resolution setting Feb. 28, 2006, to be the first date of the 2006 session.

Floor update

During its Fri., May 20, floor session, the Senate also considered the omnibus data practices bill, H.F. 225. Sen. Wesley Skoglund (DFL-Mpls.) carried the proposal. "The bill makes most information about institutions public and provides protections for people that need information protected," he said. The bill includes a variety of provisions, such as clarifying that the Legislator Auditor has the ability to examine all state information, making information public about claims experiences, giving parents of disabled children unlimited access to their child's educational records, making information public on appointed as well as elected public officials and addressing federal mandates on keeping driver's license information private.

Sen. Warren Limmer (R-Maple Grove) offered an amendment to remove a provision allowing government entities to disclose government information to assist in public safety. Sen. Julianne Ortman (R-Chanhassen), speaking in support of the amendment, said there is no justification for allowing government entities to make the disclosures. She said the language in the bill removes broad protections inserted previously to protect government information. Skoglund said the provision is appropriate. "Without this, the police department couldn't give you a block map of your own block," he said. He also noted that the bill does not require, but merely allows, local governments to disclose the information. The amendment failed 30-34. Sen. Don Betzold (DFL-Fridley) offered an amendment to narrow the application of the provision only to information described in the data practices bill. "The amendment tightens up concerns members have on the section," he said. The amendment was adopted.

Sen. Becky Lourey (DFL-Kerrick) offered an amendment providing for disclosure of pesticide applicator records. "Currently, pesticide applicators must keep records, but the public can't find out what is used, sprayed or kept near them and their families," she said. "If this information was public, I believe it would lead to safer application practices," said Lourey. She said the amendment allows public access as well as access for researchers and doctors. Pesticide applicators would only have to file once a year, Lourey said. Sen. Steve Dille (R-Dassel) said the amendment causes difficulty for farmers. He said pesticides provide an array of benefits to the state through agriculture and conservation usages and to people through sanitation usages. Lourey responded that the bill only asks commercial and non-commercial applicators to report, excluding farmers from having to report. "Restricting access to information is not how society should deal with the decisions that we make," she said. "There are a number of reasons we need this data to be public information," said Lourey. Sen. Betsy Wergin (R-Princeton) said the records are already kept on-hand, but do not need to be public data. She also said the bill will not change application processes because farmers already use the pesticides, which are expensive, as sparingly as possible. Skoglund spoke in favor of the amendment, calling it a reasonable request to make available to the public information that is already collected. The amendment failed on a tie vote of 33-33.

Sen. Scott Dibble (DFL-Mpls.) offered an amendment requiring the commissioner of public safety to contract with an entity outside the department to look into what kind of constituent data might have been compromised as a result of the department's failure to enact adequate protective measures regarding license data. Dibble said the amendment is in response to an extremely troubling report that revealed serious security weaknesses in the system. Members unanimously adopted the amendment.

Sen. Satveer Chaudhary (DFL-Fridley) offered an amendment permitting retail establishments to retain various driver's license information, if the information is used for the purposes of detecting fraud and abuse. Sen. Warren Limmer (R-Maple Grove) asked if there are restrictions on how companies may share the information. Chaudhary said the amendment amends a provision that prevents uses about which one might be concerned. The amendment was not adopted.

Senators also adopted an amendment, offered by Sen. Steve Kelley (DFL-Hopkins), enumerating the lawful uses of social security numbers. An amendment, offered by Sen. Sheila Kiscaden (IP-Rochester), to allow the Department of Finance to release non-identifying sales tax return information to help forecast budgets more accurately was also adopted. Betzold offered an amendment, which members adopted, specifying the copying costs associated with copying public information. The amendment affects black and white copy jobs of up to 100 pages. He said the amendment will prevent exorbitant costs to those trying to obtain public information. Ortman offered an amendment relating to transportation data. The amendment keeps some Department of Transportation (MnDOT) bid information private until the bid is awarded, said Ortman. The amendment also protects information related to transportation passes issued by the state, she said. Members adopted the amendment.

Senators began their Sat., May 21, floor session by resuming work on the omnibus data practices bill. The measure, H.F. 225, carried by Sen. Wesley Skoglund (DFL-Mpls.), covers a variety of information protection areas.

Sen. Don Betzold (DFL-Fridley) offered an amendment specifying what information on appointed and elected and government officials is required for disclosure. Under the amendment, the information will include name, city of residence, education and training, employment history, volunteer work, awards and honors and prior government service or experience. The amendment was adopted. An amendment, offered by Sen. Scott Dibble (DFL-Mpls.), requiring cell phone providers to obtain a person's permission before placing the person's number in a directory was also adopted. The bill, as amended, was granted unanimous final passage.

In other action, Sen. Jane Ranum (DFL-Mpls.) sponsored S.F. 1084. The bill requires local governments to file pay equity reports every three years instead of every five years. Ranum said the requirement used to specify reporting every three years, but that in 2003 the period was increased to five years. "We made a mistake, but now we have the opportunity to correct it," she said. Ranum responded that more frequent reporting helps local units of government make sure they are paying attention to pay equity issues. Sen. Claire Robling (R-Jordan) added that the bill may help prevent bigger back payments associated with pay equity. Senators approved the measure, 54-11.

A departmental bill relating to mental health services also gained final passage. H.F. 1816, authored by Sen. Linda Berglin (DFL-Mpls.), extends mental health services coverage and modifies children's mental health services and civil commitment processes. Senators adopted an amendment offered by Berglin. The amendment reinstates a provision allowing counties to provide case management to homeless adults. Berglin said the provision requires no state funding, but helps counties to be eligible for federal matching funds. The amendment also strikes a section dealing with penalties for inmates who assault correctional facility workers. Berglin said the section is already included in the omnibus crime prevention bill. They also unanimously passed H.F. 742, sponsored by Sen. Thomas Bakk (DFL-Cook). The bill prohibits employers from charging fees to candidates placed with search firms and outlines exemptions for employment agency licensing requirements. Sen. LeRoy Stumpf (DFL-Plummer) offered an amendment to extend a pilot project at the Occupational Development Center in Thief River Falls for one more year. The amendment was adopted.

S.F. 1218, carried by Sen. Steve Dille (R-Dassel), is a resolution asking the residents of Minnesota for tolerance of different views on animal agriculture production practices. The bill was granted final passage, 57-1.

The following bills were granted unanimous final passage. Sen. Steve Murphy (DFL-Red Wing) carried S.F. 1272, which extends ex officio membership on the Indian affairs council to the commissioner of transportation. H.F. 1109, authored by Sen. Linda Higgins (DFL-Mpls), reenacts the firefighting training and education board. The board is funded, said Higgins, by a $5,000 private donation being held for its operations in the state treasury. Higgins also carried H.F. 675, a bill modifying the hospice care bill of rights and clarifying death reporting requirements. Sen. Ellen Anderson (DFL-St. Paul) sponsored H.F. 898. She said the bill is a housekeeping measure for unemployment insurance provisions and is a product of the council composed of business, labor and legislative leaders. Another housekeeping measure, H.F. 1748, was carried by Sen. Betsy Wergin (R-Princeton). Wergin said the bill, brought by the Department of Employee Relations (DOER), switches the right of appeal from the department of administrative hearings to the bureau of mediation services. The bill will prevent the current situation in which administrative law judges hear their own appeals, said Wergin. She said the bill also eliminates a requirement that corrections workers over 55 must undergo a physical. The section could be considered age discrimination, Wergin said. H.F. 400, a bill that makes an unemployment insurance eligibility exception for school food workers permanent, authored by Sen. Dan Sparks (DFL-Austin), and H.F. 823, the omnibus forestry bill, authored by Bakk, were also both granted final passage.

Senators concurred with House amendments and granted final passage to three bills. S.F. 1636, carried by Sparks, allows the Minnesota Bankers Association to continue sponsoring a fraud alert website. In addition, members adopted the conference committee report and repassed H.F. 1164, sponsored by Sen. Sheila Kiscaden (IP-Rochester). The bill requires drivers to drive slowly and, if possible, at least one lane away from parked emergency vehicles. Kiscaden said the bill now contains the "Caribou Coffee" amendment, which allows coffee shops to post their presence on roadside exit signs. S.F. 629, carried by Higgins, modifies the aviation planning requirements of the Metropolitan Airports Commission. Higgins said the bill, as amended by the other body, also includes an agreement between the MAC and airport cab drivers on cab license policy. Robling said the agreement is acceptable, but Legislators should not encourage running to the Capitol when the MAC is perfectly capable of resolving problems. S.F. 629 was repassed, 59-3.

The Senate also adopted the conference committee report on S.F. 917, the Positive Alternatives Act, carried by Sen. Dallas Sams (DFL-Staples). The measure was granted final passage, 53-11.

The last day of the regular Legislative Session, Mon., May 23, began with consideration and final passage of bills on Special Orders.

S.F. 785, sponsored by Sen. Sandra Pappas (DFL-St. Paul), restricts the sale or rental of violent video games to persons under 17 years of age. Pappas said, "Ultra violent video and computer games are harmful to some children." Sen. Mady Reiter (R-Shoreview) said the bill could be challenged as a restriction of free speech. However, Sen. Julianne Ortman (R-Chanhassen) said the bill recognizes the danger of extensive exposure to violence. The bill was granted final passage on a 51-10 roll call vote.

Sen. Dennis Frederickson (R-New Ulm) sponsored S.F. 762, the Clean Water Legacy Act. The purpose of the bill is to bring the state into compliance with the federal Clean Water Act, Frederickson said. Sen. Sharon Marko (DFL-Cottage Grove) offered an amendment requiring the election of supervisors of Soil and Watershed Districts. Frederickson questioned the germaneness of the amendment. The presiding officer ruled the amendment not germane. Sen. David Senjem (R-Rochester) offered an amendment specifying that the Pollution Control Agency may not require phosphorus reductions beyond the current annual phosphorus mass load discharged by the facility until the total maximum daily load has been completed and approved by the Environmental Protection Agency. Frederickson opposed the amendment. "If there is impairment in our waters, the citizens of the state would want us to work for improvement," he said. He said there is a program to assist cities in meeting the one milligram per liter standard. The amendment failed. The bill was granted final passage on a unanimous roll call vote.

Other bills granted final passage included H.F. 2187, authored by Sen. Linda Berglin (DFL-Mpls.). The bill creates a county subsidiary corporation to provide health care and related services and provides for governance of Hennepin County Medical Center. H.F. 1925, authored by Sen. Becky Lourey (DFL-Kerrick), modifies human services licensing and predatory offender data access provisions. Members adopted an amendment, jointly sponsored by Sen. Claire Robling (R-Jordan) and Sen. Mike McGinn (R-Eagan), requiring legal, nonlicensed child care providers to be trained in CPR and first aid. In addition, the amendment provides for unannounced inspections and requires the posting of correction orders. The amendment also requires licensed family child care providers and child care centers to provide a written notification to parents considering enrollment of a child or parents of a child attending the day care or child care center if the program employs or has living in the home any person who is the subject of either a set-aside or variance.

H.F. 2121, sponsored by Sen. Satveer Chaudhary (DFL-Fridley), requires businesses that possess personal data to notify persons whose personal information has been disclosed to unauthorized persons. The bill language was contained in S.F. 1307, but needed to be added to H.F. 2121 in order to have the bills in each body match up with one another. Chaudhary said identity theft is a growing problem and that companies that have security breaches must notify individuals of the breach. Members adopted an amendment, offered by Sen. Ann Rest (DFL-New Hope), requiring government agencies to also notify individuals when there has been a breach in the security system. Sen. Linda Scheid (DFL-Brooklyn Park) offered, and members adopted, an amendment exempting entities subject to the federal privacy and security regulations adopted under the federal Health Insurance Portability and Accountability Act.

H.F. 814, sponsored by Sen. Thomas Bakk (DFL-Cook), is the omnibus lands sale bill. The measure modifies the acquisition, use and designation provisions for scientific and natural areas and authorizes the public and private sales and conveyances of specific state lands.

H.F. 2192, sponsored by Rest, provides for data collection and best practice guidelines for conducting postadoption search services. H.F. 1889, sponsored by Lourey, is a department bill that makes numerous changes in child protection, child care and child and family support provisions. H.F. 460, carried by Sen. John Marty (DFL-Roseville), makes technical changes in provisions relating to off highway vehicle operations. H.F. 423, carried by Bakk, exempts hot tubs on rental houseboats from regulation as public pools.

The conference committee report on S.F. 664, authored by Pappas, was adopted and repassed. The bill is the omnibus liquor bill and modifies brewpub regulations, regulates wine tastings, provides for uniform off-sale hours statewide, regulates Sunday on-sales and authorizes on-sale liquor licenses for specific entities.

Members also adopted and repassed the conference committee report on H.F. 1809. The bill, sponsored by Scheid, is an omnibus insurance bill. Scheid said the conference committee report contains provisions for flexible benefit plans for small employers and provides for regulation of agency terminations, coverages, fees, forms and premiums.

In the last floor meeting of the regular session, Senators gathered late in the evening, Mon., May 23, to grant final passage to a variety of bills and conference committee reports, including the state government omnibus budget bill. Near the end of the night, the Senate adopted a number of concurrent resolutions to end the regular session for the year, including one to adjourn the Senate until Feb. 28, 2006.

H.F. 1481, sponsored by Sen. Sheila Kiscaden (IP-Rochester), appropriates $468 million for the operations of state government. The bill provides funding for the Legislature, constitutional officers and several state agencies. "The bill has changed a great deal from the time it left the Senate floor," she said. One addition to the bill, said Kiscaden, is a section on monitoring the security of state websites. The bill also contains spending initiatives, such as full funding for tuition reimbursement and reenlistment bonuses for National Guard personnel. Kiscaden said the measure creates the Office of Enterprise Technology and alters several elements of election law. Senators approved the conference committee report and passed the bill, 67-0.

Kiscaden also carried S.F. 1204, the omnibus health and social work licensing bill. She said the House amendment clarifies accreditation for chemical dependency counselors, allows health related boards to obtain health insurance fraud information under certain circumstances, requires health care providers to provide information about the cost of their 20 most commonly performed procedures and allows providers to discount payments as long as the payments are not below the Medicare pre-payment rate. Sen. Linda Berglin (DFL-Mpls.) said she had concerns with aspects of the bill, particularly on one provision to charge patients at no higher a rate than is charged to health plans. Members concurred with House amendments and granted the bill final passage, 53-11.

The conference committee report on H.F. 1507, carried by Sen. Becky Lourey (DFL-Kerrick), was also adopted. Lourey said the conference committee report represents a compromise between drastically different original versions of the measure. The report strengthens several parts of the bill, said Lourey, by including more defining language on peace officers' use of force, employee protections and the effect of commissioner directives. Lourey said the bill now places an Aug. 1, 2009 sunset on three provisions that give more power to the commissioner of health. The new sunset provisions include a section on the issuance of ex parte orders, a section on the authority to temporarily hold a person upon the commissioner's directive and a section on vaccinations. The bill was granted final passage, 63-2.

H.F. 1555, a bill modifying the Minnesota Emergency Health Powers Act, was also sponsored by Lourey. She said the conference committee report takes a more narrow definition of employee than it originally did and also extends the list of individuals whom the governor shall notify upon declaring a peacetime emergency. Senators approved the conference committee report and repassed the bill unanimously.

Berglin carried H.F. 1816, which extends mental health care coverage and articulates aspects of the civil commitment process. The conference committee report, which Senators approved, removes a provision on counties providing case management to homeless people, said Berglin. Senators unanimously repassed the bill.

Senators also approved the conference committee report on S.F. 630, authored by Sen. Thomas Neuville (R-Northfield). The bill now includes a six month period in which either party in a divorce hearing may request a review before the court as well as a provision presuming that each parent has 25 percent of the parenting time with each child. On a 60-4 vote, Senators repassed the bill.

H.F. 2448, a bill making human services forecast adjustments also gained final passage. Sen. Richard Cohen (DFL-St. Paul) offered an amendment to the bill altering some of the forecast projections in it. Berglin offered an amendment to Cohen's amendment that contains nine provisions from the health and human services omnibus bill. She said the provisions, which save $62 million dollars, will help the Department of Human Services (DHS) conduct its work more effectively if adopted sooner. The amendment to the amendment was adopted. Senators adopted Cohen's amendment, as amended, and granted the bill unanimous final passage.

Sen. Lawrence Pogemiller (DFL-Mpls.) carried H.F. 2498. The bill contains several measures related to public financing. Members adopted an amendment, offered by Pogemiller, modifying several areas of the bill, such as data practices for St. Paul non-profit organizations and the construction of road and street improvements outside municipal boundaries. The bill passed, 60-4.

H.F. 2121 was sponsored by Sen. Satveer Chaudhary (DFL-Fridley). The conference committee report requires businesses to notify affected individuals if a security breach puts personal information on the individuals at risk of exposure. "It is a good balanced bill," said Chaudhary. Senators approved the conference committee report and repassed the bill unanimously.

Senators adopted the conference committee on H.F. 874, which appropriates Help America Vote Act (HAVA) funds to state and local government. Members repassed the bill unanimously. They also adopted the conference committee report and repassed H.F. 225, the omnibus data practices bill, sponsored by Sen. Wesley Skoglund (DFL-Mpls.). He said it is largely the same bill that passed the Senate previously and still includes provisions on social security provisions and provisions on cell phone directories. Skoglund said the bill reflects the advice of Minnesota's director of homeland security. The bill gained final passage, 60-5.

Members also approved the conference committee report on H.F. 847, a bill modifying various game and fish provisions. Sen. Tom Saxhaug (DFL-Grand Rapids), who authored the bill, said the conference committee report includes only minor differences, such as allowing decoys to stay out for four instead of two days. The bill was unanimously repassed. The Senate also unanimously passed H.F. 1271, authored by Sen. Dick Day (R-Owatonna). The bill defines professional services associated with marriage and family therapy. H.F. 1176, which allows special education teachers to receive a variance from their service cooperatives instead of requiring each school district to obtain a variance, also passed unanimously. The bill was carried by Sen. Dallas Sams (DFL-Staples).

Sen. Julie Rosen (R-Farmington) moved to reconsider an earlier vote on H.F. 221, carried by Sen. Mady Reiter (R-Shoreview). The bill regulates liability associated with rock climbing and spelunking. The bill was granted final passage on a 41-23 vote. Senators also approved S.F. 2286, a bill to correct various statutory errors and oversights. The measure was sponsored by Sen. Don Betzold (DFL-Fridley). Betzold also carried, and Senators passed, S.F. 1231. The bill regulates the display of flags and signs on residential property. The same bill passed last year, he said.

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May 24, 2005 Issue of Senate e-Briefly

Highlights

Floor update