A summary of the 1994 Legislative Session
Before signing the bill into law, Gov. Arne Carlson cut the $18 million proposal in half. The largest cut came in the form of a $5 million interest buy-down program that would have helped secure loans for farmers and small businesses hit hardest by the floods. Under the program, the state would have paid a portion of the interest on a loan for a qualifying farmer or small business.
The $9 million new law bears little resemblance to the original $54 million House bill that would have, among other provisions, offered farmers $15 million in local property tax relief and $30 million to buy down interest on loans.
Under the new law, $2.9 million will be given to the state's counties that were hit hardest by the floods. Those funds are necessary to "match" $49 million in federal emergency management assistance funds that have already been spent. The state must pay a total of $3.9 million to match the federal contribution, or it may be forced to pay back the aid.
But because there was no federal time restriction on the match, the new law says the remaining $1 million will be paid back next year.
The flood relief measure also includes $900,000 for a small business disaster revolving loan program at the Department of Trade and Economic Development (the state's contribution would match about $8.5 million in federal aid) and $477,000 toward University of Minnesota research on grain diseases.
Last spring's floods caused an estimated $1.6 billion in damages to Minnesota's farms and businesses. According to House bill sponsor Rep. Steve Wenzel (DFL-Little Falls), the state will have received about $1 billion in federal disaster relief by the time all is said and done. (HF2249/SF2168*/CH642)
Other relief measures in the new law, sponsored in the Senate by Sen. Joe Bertram (DFL-Paynesville), include:
In addition, $1 million is available to establish a loan program under the Rural Finance Authority that will loan farmers money to buy stock in a facility that processes raw agricultural crops. The provision is designed to help farmers invest in a proposed corn-syrup plant in Moorhead, Minn. Shareholders will be allowed to sell their corn to the facility. By "adding value" to their raw product, the idea is that farmers will make more money.(HF2249/SF2168*/CH642)
A separate law exempts many horse purchases (except race horses) from the state's sales tax.
The exemption should specifically help farmers and save horse buyers an estimated $200,000 a year. (HF3209/SFnone/CH587, Art. 2, Sec. 12)
More farmers will be able to pool their resources to raise hogs, cattle, and other livestock with the exception of dairy cattle under a new law that goes into effect Aug. 1, 1994.
Proposed in the House by Rep. Ted Winter (DFL-Fulda) and in the Senate by Sen. Charles Berg (DFL-Chokio), the measure expands current corporate farming laws to allow an unlimited number of investors to participate in certain cooperative farms, as long as Minnesota farmers control at least 75 percent of any one farm.
Under previous law, such joint farms, called Authorized Farm Corporations, couldn't have more than five shareholders, and farmers had to have held 51 percent of the stock. The remaining shares could have been held by outside investors.
Farmers asked lawmakers to make changes this session to help them compete against large corporations they say are threatening the family farm industry.
The new law allows more Minnesota farmers to "team up" to take advantage of the latest technologies and farm practices, which many small farmers can't afford to do on their own.
In addition to requiring that 75 percent of shareholders are farmers, the law also mandates that 51 percent of those farmers must raise livestock on their own farm aside from the joint venture. The remaining 49 percent can include farmers who raise corn or other crops, but no livestock.
The law also specifies that such authorized farm corporations can't have title to more than 1,500 acres of land. (HF2885/SF1948*/CH622)
A new law that went into effect May 11, 1994, allows milk producers who don't treat their cows with recombinant Bovine Growth Hormone (rBGH) to label their dairy products with the phrase: "Milk in this product is from cows not treated with rBGH."
The growth hormone, also known as Bovine Somatotropin (BST), increases milk production in cows. It is a natural protein that is produced in the pituitary gland of all cattle.
The biotechnology industry has worked for several years to produce a synthetic version of the hormone to increase milk production in cows. In February, the genetically engineered version won approval from the U.S. Food and Drug Administration.
Proponents of the labeling said there isn't enough information on the long-term effects of the genetically engineered hormone to be sure it is safe. They said they want to choose milk products from cows not treated with the hormone.
Those who opposed the bill said the FDA has deemed the product safe, adding that the "rBGH-free" label will create a stigma for milk products from cows that are treated with the protein.
The law also appropriates $75,000 from the state's general fund to the Department of Agriculture to manage the labeling program. The program will require a certification process to make sure producers who are labeling their products are indeed not using the hormone.
The labeling provision was originally proposed in a bill sponsored in the House by Rep. Steve Trimble (DFL-St. Paul) and in the Senate by Sen. Steve Morse (DFL-Dakota) and ultimately incorporated into the environment and natural resources section of the 1994 state supplemental budget bill. (HF3215/SF2913*/CH632 Art. 2, Secs. 5 and 14)
The new law is a modification of a 1993 law designed to increase the price dairy farmers receive for their product each time the price of milk drops below a set level. The effect of the 1993 law, however, appears to have been short-lived. In June, the Minnesota Department of Agriculture decided to cancel the price increase subsidy for dairy farmers after the U.S. Supreme Court ruled that a similar Massachusetts law was unconstitutional.
A section of last year's law allowed grocery stores to charge whatever they'd like for milk during the month of June, beginning in 1994. Retailers could sell milk for a penny or offer free gallons with the purchase of another product, for example.
The 1994 law, however, rescinds the June milk price wars provision. But, because it doesn't go into effect until Aug. 1, 1994, retailers still had this June to try their hands at competitive milk pricing.
Since 1957, Minnesota has regulated retail milk prices. Before May 1, 1993, retailers were required, by law, to mark up milk at least 15 percent.
Last year the minimum markup on milk in grocery stores was lowered to 5 percent beginning Aug. 1, 1993. The mandatory markup will be eliminated July 1, 1994, but retailers still won't be able to sell their milk below cost.
Lawmakers thought June, being dairy month, would be a good time to lift the milk price regulations to see what would happen. If the farmers and retailers decide price wars this June turned out favorably, the Legislature has the option of reinstating the "price-war month" in future years.
The bill was sponsored in the House by Rep. Gene Hugoson (IR-Granada) and in the Senate by Sen. Charles Berg (DFL-Chokio). (HF2892/SF2709*/CH558)
In addition, the law eliminates the refund many Minnesotans who pay the wheat and barley fee normally receive.
Under current law, Minnesota producers are required to pay one penny for every bushel of wheat or barley they sell in the state. The fee applies only to the first time the wheat or barley changes hands. The money goes to the Department of Agriculture where it is used to promote wheat and barley products. Some of it is also used to fund research on various aspects of wheat and barley such as how to produce a better crop and keep crops insect free.
Although paying the fee has been mandatory at the time of sale, it has also been a voluntary contribution. Until now, anyone who wanted a refund could have one by simply applying to the Department of Agriculture.
Previously, producers from outside Minnesota have not had to pay the Minnesota fee. Under the new law, those from outside the state such as North Dakota or Canada will be required to pay the Minnesota fee. In addition, no refunds will be granted unless the producer can prove they paid a similar fee outside of Minnesota. Some states, such as Montana, do charge a comparable fee; Canada does not.
A similar fee is charged on about 13 other commodities in Minnesota, including potatoes, turkey, and dairy products. Those transporting any of the other commodities into the state for sale are not required to pay the fee.
Prior to the legislation, Minnesota's wheat and barley producers claimed Canadians and other out-of-state producers were able to get a better price for their wheat and barley in Minnesota without shouldering any of the burden for product promotion, or research to enhance the crops.
A similar bill was vetoed by the governor last year, but it did not include the exemption from the fee for producers who had paid a comparable fee in another state.
The bill was sponsored in the House by Rep. Edgar Olson (DFL-Fosston) and in the Senate by Sen. LeRoy Stumpf (DFL-Thief River Falls). (HF2373*/SF2038/CH452)
The measure, sponsored in the House by Rep. Jerry Bauerly (DFL-Sauk Rapids), protects farms that have met all state, federal, and local standards for two years from lawsuits accusing them of creating a "public or private nuisance." The new law takes effect Aug. 1, 1994.
Current law requires a farm to operate successfully for six years before it's eligible for the same protection.
Such conflicts, usually related to the dust, noise, and smell from farming, sometimes arise in newer housing developments that are built in the country near established farms.
Although some smells and other aspects of farming may bother new neighbors, Bauerly said a farm should be protected if it's meeting all the governmental guidelines. And even though farmers can usually win nuisance lawsuits, he said the legal costs associated with them can be devastating. If a farm violates zoning codes or other rules, the protection does not apply.
If a farm operation is expanded by more than 25 percent, such as going from 100 to 126 hogs, the two-year period will be reinstated from the start-up date of the bigger operation. The two years also will start over if a farm owner significantly alters the operation, such as changing from crops to livestock, or from one kind of livestock to another.
Nearly 40 other states have similar "right to farm" laws.
Sen. Dallas Sams (DFL-Staples) sponsored the Senate version of this bill. (HF2493*/SF2247/CH619)
The law became effective April 19, 1994, and allows agricultural companies to release certain genetically engineered plants and organisms grown in laboratories to farmers to grow experimentally in their fields. Farmers, for instance, could soon buy newly developed insect-resistant corn and potato varieties to plant. The plants would resist pests that so far have been difficult for farmers to fight.
The law also contains provisions to allow some engineered products to be sold to the public in grocery stores and farmers' markets. The state would develop regulations first. For instance, tomatoes with a longer shelf life could be developed as well as squash that is virus-resistant.
The law allows laboratories when there is adequate federal oversight to conduct the farm field tests without going through a complicated state environmental assessment and permitting process.
The law specifies six genetically engineered plants corn, cotton, potato, soybean, tobacco, and tomato which are eligible for farm field tests under the easier notification procedure.
A company will notify the Department of Agriculture 30 days before releasing the genetically engineered material. But before release, the plant must meet certain state Department of Agriculture standards and the company must agree to provide specific information required by the law.
Sen. Steve Dille (IR-Dassel) sponsored the bill in the Senate and Rep. Phyllis Kahn (DFL-Mpls) sponsored it in the House. (HF2212*/SF2023/CH454
In a lawsuit filed by the Minnesota Milk Producers Association (MMPA), Upper Midwest dairy farmers contend that federal price supports unfairly favor dairy farmers in southern states such as Texas and Florida.
A federal district court ruled in favor of the USDA in 1992, but the MMPA later won an appeal from the Eighth Circuit Court of Appeals. The case was sent back to federal district court in Minneapolis and was heard by Chief Judge Diana Murphy last fall. Murphy has not yet ruled on the case.
According to Bill Coleman, director of the Minnesota Department of Agriculture's dairy division, the lawsuit likely will travel to the U.S. Supreme Court.
The Farmer's Legal Action Group is handling the case for the MMPA.
In 1992, lawmakers authorized the state Department of Agriculture to use up to $50,000 from its own operating budget to help finance the lawsuit.
The funding is included in the $9 million flood relief bill that was approved by the Legislature.
Rep. Steve Wenzel (DFL-Little Falls) sponsored the legislation in the House. Sen. Dallas Sams (DFL-Staples) sponsored it in the Senate. (HF2249/SF2168*/CH642, Art. 1, Sec. 32)
Under the previous law, the Minnesota Department of Agriculture determines the posting requirements for fields treated with some pesticides. The new law takes away that responsibility and requires only those applying the chemicals to follow the directions on the federally approved product labels.
Chemical suppliers who apply chemicals must mark treated areas if the pesticide label reads: "Notify workers of the application by warning them orally and by posting signs at the entrances to treated areas." The posting is required if the label requires it for chemicals that are sprayed from a plane or directly applied to crops.
The posting requirements on pesticide labels are determined by the federal government.
Depending upon the pesticide used, workers may have to wait 72 hours after the chemical is sprayed before it is safe for them to return to work in a field.
Agricultural chemical suppliers were in favor of the measure because it helps create a uniform standard among all states.
Rep. Gil Gutknecht (IR-Rochester) and Sen. Duane Benson (IR-Lanesboro) sponsored the bill in the House and Senate. (HF2248*/SF1999/CH482)
Until recently, all potatoes grown in three northern Minnesota counties Kittson, Koochiching and Roseau were required to be certified seed potatoes.
A 1994 law, which went into effect April 14, 1994, adds Clearwater County and portions of Marshall, Pennington, Red Lake, Polk, and Beltrami counties to the state's list of "restricted seed potato growing areas."
A farmer can grow crops other than potatoes in the restricted area, but if he or she grows potatoes, they must be certified seed potatoes. The restrictions benefit farmers because they often get a better price for this higher grade of potato.
Certified seed potatoes are known to have less disease and be insect free; crops of seed potatoes must be treated with strict disease control measures in order to become certified by the Department of Agriculture.
A 1990 law established the state's first "restricted seed potato growing area." The restriction guarantees certified seed potatoes will not be grown next to a field of potatoes that are not certified. Non-certified crops aren't held to the same disease control measures, and could spread disease to the certified crop.
The bill was sponsored in the House by Rep. Edgar Olson (DFL-Fosston) and in the Senate by Sen. Roger Moe (DFL-Erskine). (HF2646*/SF2283/CH422)
The first $1.8 million is set aside to boost existing programs that clean up poultry and cattle feedlots not in compliance with state and federal environmental standards. Of this amount, $900,000 is earmarked for counties that have established feedlot cleanup programs. Counties receiving grants must match the money with a mix of their own money and in-kind contributions.
An additional $750,000 will be spent on grants to assist individual farmers with feedlots to implement best management practices. Best management practices are environmentally sound procedures that can range anywhere from designing a feedlot for better drainage control, or using animal waste as crop fertilizer instead of allowing it to pollute nearby water sources.
A feedlot is defined as any area where livestock are kept to eat, breed, or just to live, with the exception of a large grassy pasture. The animals' waste, which escapes the area via water runoff, contains nutrients such as nitrogen and phosphorus that can become pollutants once they reach a lake or stream. The waste also can contain bacteria that can spread disease.
Many farmers can't afford to improve their drainage systems, even though they must comply with standards set by the federal government, the Minnesota Pollution Control Agency (MPCA), and the state Board of Water and Soil Resources.
The state Department of Agriculture and the MPCA will oversee the feedlot cleanup grants.
The feedlot cleanup money is provided for in the 1994 state supplemental budget bill signed into law. The supplemental budget bill was sponsored in the House by Rep. Loren Solberg (DFL-Bovey) and in the Senate by Sen. Gene Merriam (DFL-Coon Rapids). (HF3215/SF2913*/CH632, Art. 2, Sec. 3)
The new law, one of the most significant banking regulation changes in decades, allows a bank holding company from any other state to own a Minnesota bank, as long as the home state has similar laws. In other words, if a state's regulations would allow a Minnesota-based holding company to own a bank there, a holding company from that state can own Minnesota banks.
A bank holding company is a company that owns a bank; often bank holding companies own other related businesses as well.
Prior to the new legislation, Minnesota law provided for this "reciprocating" arrangement with only 16 other states. Those states, which were specifically named in the law, included Colorado, Iowa, North Dakota, Ohio, and Wisconsin.
The new law simply eliminates the specific state names, and says a reciprocating state is one that has laws compatible with Minnesota's.
The new law allows Minnesota-based holding companies, such as First Bank or Norwest, to expand into other states they were previously restricted from entering. It also makes it possible for large out-of-state bank holding companies, such as Wells Fargo which owns a chain of banks in California to enter Minnesota and purchase banks to expand its chain.
Interstate banking laws originally were formed to protect in-state banks from competition. But because banks are increasingly being regulated by the federal government, the need for state laws is not as great.
Minnesota's largest bank holding companies supported the new law. Some smaller banks that feared competition have contested the proposal in past years, while those small banks interested in being bought out have supported it.
The bill was sponsored by Rep. Loren Jennings (DFL-Harris) in the House and by Sen. James Metzen (DFL-South St. Paul) in the Senate. (HF1914*/SF1729/CH484)
It authorizes a title insurance company to erase an old mortgage on a house if that mortgage was paid off at the time the house was purchased by a new buyer.
This relieves the new home buyer of possibly being stuck with someone else's debt while he or she waits for the bank to provide paperwork showing it was paid.
The law, effective Aug. 1, 1994, stems from problems with mortgages held in banks in other states. Sometimes out-of-state lenders take many months to send the paperwork showing that an old mortgage has been paid off.
In a case where a bank hasn't sent the paperwork within 60 days after receiving full payment, title insurance companies, under the new law, are allowed to file proof that the original mortgage has been fully paid. A certificate will be filed with the county recorder or the registrar of titles.
Title insurance companies handle real estate closings and issue policies showing that a person owns certain property and that the property has only the new mortgage granted by the new buyer.
The law applies only to mortgages of $500,000 or less.
The bill was carried in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Don Samuelson (DFL-Brainerd). (HF2784/SF2267*/CH447)
The 1994 bonding act is the largest in state history,surpassing the $470 million worth of projects financed bybonds in 1987.
The House originally passed a $469 million bondingbill; the Senate proposed $592 million. The $621 millioncompromise came after select House and Senate members met toiron out an agreement.
The compromise legislation spends slightly more thanthe governor's $614 million recommendation for bondingprojects.
Rep. Brad Stanius (IR-White Bear Lake) and Sen. DeanJohnson (IR-Willmar) sponsored the legislation.
Below are some of the highlights of the 1994 bondingact (HF218*/SF182/CH643):
Some $16.5 million will pay counties to constructsecure juvenile detention and treatment facilities. (Sec. 7,Subd. 10)
A total of $2.7 million will build a new 30-bed securefacility in Red Wing for violent juvenile offenders untilthey can return to an open campus environment. (Sec. 7,Subd. 5)
Another $3.4 million will go to the NorthwesternJuvenile Training Center in Beltrami County to build anotherjuvenile detention and treatment center. (Sec. 7, Subd. 11)
Other corrections projects in the bonding act include:
$19 million to complete the conversion of the Moose Lake Regional Treatment Center into a
620-bed medium security prison
(Sec. 7, Subd. 4);
$10.4 million to add 485 adult prison beds by remodeling one building and constructing two new
ones at Lino Lakes state
prison (Sec. 7, Subd. 3);
$10.8 million to add 300 medium-security beds and improve security at the Faribault state prison
(Sec. 7, Subd. 2); and
$6.2 million to create an education complex and library, and to renovate warehouse, farm, and
foundry buildings at Stillwater
state prison. (HF218*/SF182/CH643, Sec. 7, Subd. 7)
A new Duluth technical college will be integrated intothe existing community college with $10.8 million (Sec. 10,Subd. 5). And, the technical college campuses at East GrandForks, Hibbing, Hutchinson, St. Cloud, Northeast Metro,Rochester and Dakota County will receive a total of $4.6million for renovations. (HF218*/SF182/CH643, Sec. 10,Subds. 4, 6-11)
$10.5 million for classroom and office expansion at Normandale Community College (Sec. 11,
Subd. 9);
$8 million for classrooms, laboratories, a learning resource center and TV studio at Cambridge
Community College (Sec. 11,
Subd. 4);
$6 million for classrooms, labs, and a learning resource center at North Hennepin Community
College (Sec. 11, Subd.
10);
$3 million for a regional cultural center at Northland Community College (Sec. 11, Subd. 11);
and
$2.4 million for improvements at Vermilion, Rainy River, Mesabi, Minneapolis, Anoka Ramsey,
Inver Hills, and Lakewood
community colleges. (HF218*/SF182/CH643, Sec. 11, Subds. 3, 5-8 and 12-13)
$8.3 million for Bemidji State University to remodel and expand its library and begin planning
other renovations (Sec. 12,
Subd. 3);
$12.3 million for Metropolitan State University to remodel two buildings and rehabilitate a power
plant (Sec. 12, Subd. 4);
and
$6.5 million for St. Cloud State University to acquire a new boiler, construct an air conditioning
system, buy additional land,
and prepare drawings for a new library. (HF218*/SF182/CH643, Sec. 12, Subd. 6)
University of Minnesota projects include:
$25 million for a new Carlson School of Management, contingent upon the university raising at
least $20 million from private
donations (Sec. 13, Subd. 4-b);
$13 million for reconstruction of the electrical engineering building for mechanical engineering
programs, contingent upon
raising $6.7 million from private donations (Sec. 13, Subd. 4-c);
$9 million to repair buildings including Johnston Hall, Williamson Hall, and the Civil and Mineral
Engineering Building (Sec.
13, Subd. 3);
$2.7 million to design a Twin Cities campus archival research facility to house university
manuscripts, special collections, and
Immigration History Research Center documents (Sec. 13, Subd. 4-a); and
$4 million to the Duluth medical school for building additional laboratories and offices.
(HF218*/SF182/CH643, Sec. 13,
Subd. 5)
The commission rewards exemplary teaching in thehumanities, promotes literacy, holds seminars for K-12humanities teachers, and awards community grants.
The money will go toward renovating the 22,000-square-footSpanish Colonial building on the southwest corner of PhalenPark. It will become the commission's conference center andadministrative offices.
The $1.2 million request is about half of the estimatedtotal cost of the project. The city of St. Paul owns theland and the 70-year-old building and has offered to sellboth to the Minnesota Humanities Commission for $1.(HF218*/SF182/CH643)
Included in this category is $13.4 million to continueremodeling the Transportation Building (Sec. 2, Subd. 4),and another $1 million to relocate some Department ofTransportation offices (Sec. 2, Subd. 5). Bonds will nothave to be sold for these two projects because money from astate highway fund will pay for them.
Bonds will be sold, however, to repair the Capitol roofand exterior, and restore and regild the Quadriga thegolden horses atop the Capitol. This project should costabout $5 million (Sec. 3, Subd. 2). Another $1 million willpay for new electrical wiring in the Capitol complex,security lighting, and surveillance equipment. (Sec. 2,Subd. 8 and 9)
Pre-design work on a new building and parking ramp forthe Department of Health will receive $400,000 (Sec. 2,Subd. 6); and for planning a new Department of MilitaryAffairs, $100,000.
The maintenance account for repairing state buildings,eliminating health hazards like asbestos insulation, and forunanticipated emergencies will receive $10 million (Sec. 2,Subd. 2). Removing barriers for people with disabilitieswill receive $11.5 million in bonds. (HF218*/SF182/CH643,Sec. 2, Subd. 3)
A major renovation of the campus and six buildings atthe Minneapolis Veterans Home will receive $10.6 million.(Sec. 9)
And $8.8 million will build 43 four-bed homes andimprove existing homes for developmentally disabled adults.Bonds for this project will be repaid by client servicefees. (Sec. 8, Subd. 2)
The Minnesota Housing Finance Agency will receive $2.5million, which includes $1.5 million to create transitionalhousing for homeless youths (Sec. 16, Subd. 2). Fiveshelters for battered women will be built with $1 million.(Sec. 16, Subd. 3)
Facilities for Head Start and other early educationprograms for certain pre-school children will be constructedwith a $2 million grant to the Department of EconomicSecurity (formerly the Department of Jobs and Training).(HF218*/SF182/CH643, Sec. 17, Subd. 2)
A $10 million appropriation for a Light Rail Transit(LRT) system in the Twin Cities will match a federal grantfor preliminary engineering work and completion of a finaldesign. (Sec. 15, Subd. 6)
Other transportation bonding projects include:
$12.4 million for local bridge replacement (Sec. 15, Subd. 4);
$3.9 million to match federal appropriations for highway projects in Nicollet, St. Louis, and Lake
counties (Sec. 15, Subd.
5);
$7.6 million to complete construction of the Bloomington Ferry Bridge (Sec. 15, Subd. 2);
$1 million for an environmental impact statement and preliminary engineering work on the
Wakota Bridge and Highway
61/I-494 interchange (Sec. 15, Subd. 3); and
$10 million to the Metropolitan Transit Commission (MTC) to acquire land and improve its
buildings and other facilities.
(HF218*/SF182/CH643, Sec. 15, Subd. 7)
A freshwater aquarium and research center in Duluthwill receive $4 million, contingent upon the Lake SuperiorCenter Authority raising $8 million from federal and privatesources. (HF218*/SF182/CH643, Sec. 2, Subd. 10)
The science museum wants to construct a new facility onthe south bank of the Mississippi River between the WabashaStreet and Robert Street bridges. The children's museum willalso move to downtown St. Paul. It currently sits near thestate fairgrounds. (HF218*/SF182/CH643)
And the National Sports Center in Blaine will add 500parking spaces with $119,000, which must be repaid fromreceipts. (HF218*/SF182/CH643, Sec. 4, Subd. 2)
Other DNR projects include:
$11.5 million to expand nine environmental learning centers statewide. These centers typically
offer three- and five-day live-in
programs to expose school children to ecological issues. Most of these grants are contingent upon
matching funds from
non-state sources (Sec. 23, Subd. 28);
$4.1 million for emergency repair, reconstruction or removal of publicly owned dams around the
state (Sec. 23, Subd.
14);
$2.2 million to build a public boat landing at Silver Bay, or, at another site, on Lake Superior.
This appropriation requires
federal matching funds (Sec. 23, Subd. 27). The 1994 supplemental budget law also passed this
session includes $1 million to
complete construction of the small craft harbor at Silver Bay. Last year the project received $1
million to acquire 25 acres of
land and begin development of the harbor project. The DNR has a plan to acquire, construct, and
maintain small craft harbors
at five sites along the North Shore of Lake Superior. The harbors are used by boaters on the
North Shore as a refuge during
stormy weather.
$2.6 million for grants to local governments to prevent or alleviate flood damage (Sec. 23, Subd.
15);
$6 million to acquire new land and make improvements in Reinvest in Minnesota (RIM) wildlife
management areas, scientific
research areas, and prairie protection projects (Sec. 23, Subds. 18 and 23);
$2 million to acquire land for state parks across Minnesota from willing sellers (Sec. 23, Subd.
25); and
$750,000 to expand the facility for live wolf viewing and other construction needed at the
International Wolf Center in Ely.
(HF218*/SF182/CH643, Sec. 23, Subd. 10)
About $1.6 million will go for buying more park land,based on a master plan for the regional park system. Areasslated to receive more land include:
Ravine Regional Park, Cottage Grove;
Burlington Northern Regional Trail, St. Paul. This trail link runs from East 7th Street and Payne
Avenue to trails in the Phalen
Regional Park; and
Hennepin Parks, to purchase land and construct Lake Minnetonka Regional Park,
Minnetrista.Several million dollars the
precise allocations are still being worked out will go for redevelopment at existing parks, such as:
biking and hiking trails
and a reconfigured boat launch at Lake Harriet, Minneapolis; a new picnic pavilion at Como
Regional Park, St. Paul; a new
bath house concession building at Bush Lake, Bloomington; replacing the bandstand at
Minnehaha Regional Park,
Minneapolis; and beach rebuilding and parking improvements at Snail Lake Regional Park,
Shoreview.
A yet undetermined portion of the metro parks bondingmoney will be used for new construction. Some projectsinclude:
building an addition to Burlington Northern Regional Trail state money will match federal
funds;
building a new picnic shelter at Lake Elmo Park Reserve, Lake Elmo; and
building a new picnic shelter at Cleary Lake Regional Park, Scott County.
About $1 million of the metro parks money has beenearmarked to acquire private land and expand some of theregional parks. The land will be purchased from willingsellers as it comes onto the market. (HF218*/SF182/CH643)
The bulk of the appropriation, $4.4 million, willpurchase additional lands for state trails. The DNR is inthe process of deciding which trails to expand.
The Sakatah Singing Hills Trail will receive $500,000to complete its construction. The trail runs from Mankato toFaribault, and is available for snowmobiling andcross-country skiing, hiking, biking, fishing, and camping.
The Northshore Trail, which runs for 170 scenic milesfrom Duluth to Grand Marais, inland from Lake Superior, willreceive $528,000 for improvements. Bonds originally paid forthe trail and the DNR's snowmobile trails fund pays thoseoff.
The Northshore Trail offers hiking, snowmobiling,horseback riding, fishing, and camping.
The act also appropriates $700,000 to repair theWillard Munger Trail, which has several segments fromHinckley to north of Duluth, and the Luce Line Trail, whichruns from Plymouth to Hutchinson. (HF218*/SF182/CH643)
Another $3 million will go to grants for cities,counties and solid waste management districts to constructwaste processing and recycling plants. (Sec. 24, Subd. 4)
The Board of Water and Soil Resources will receive $9million to acquire access to marginal lands to protect soiland water quality, and support fish and wildlife habitat.Other land will be acquired for planting in order to preventsoil erosion. (HF218*/SF182/CH643, Sec. 26, Subd. 3)
Under the new law, partners will not be personally liable for debts incurred by other partners or employees if the partnership has registered with the Office of the Secretary of State as a "limited liability partnership."
But those involved in partnerships that do not meet the criteria for limited liability partnerships still can be held personally liable for any debts the partnership incurs.
The new law, sponsored by Rep. Ann Rest (DFL-New Hope) and Sen. Ember Reichgott Junge (DFL-New Hope), follows 1992 legislation that allows businesses to form limited liability companies. That standing affords businesses the tax advantages of partnerships and the limitation on liability for the owners.
Officials expect about 150 limited liability partnerships among doctors, lawyers, and other professionals to register each year under the new law, according to the Office of the Secretary of State.
Although any group can form such a partnership, it is expected that doctors, lawyers, and other professionals will use the new classification the most. (HF1985*/SF1786/CH539)
A new law classifies Social Security numbers collected by the commerce department as private data to protect against fraud such as gaining access to duplicate credit cards. The department tried to avoid giving out Social Security numbers whenever possible, but technically the information was public.
The department licenses various businesses, including insurance, real estate, securities, and building contractors.
The law took effect April 12, 1994. It was sponsored by Rep. Marc Asch (DFL-North Oaks) in the House and Sen. David Knutson (IR-Burnsville) in the Senate. (HF2210*/SF1791/CH400)
Until this new law, Minnesota companies had a difficult time making a case against those who take a company's name or trademark and cast it in a damaging light.
The measure specifically adds "injury to business reputation" as valid grounds to obtain an injunction against an individual or a company.
One of the more famous examples was the dispute between those who sold "Roadkill Helper," a gag gift, which strongly resembles the Hamburger Helper made by General Mills.
The Roadkill Helper box includes the Betty Crocker spoon but says instead "Betty Trucker," and it shows the Hamburger Helper smiley-face hand as unhappy and injured.
The new law, effective Aug. 1, 1994, also means that national companies with offices and plants in Minnesota, such as 3M, won't have to travel to other states to take legal action against an individual or company that hurts their trademark.
About 26 other states have passed similar legislation.
The law was sponsored by Rep. Marc Asch (DFL-North Oaks) in the House and Sen. Kevin Chandler (DFL-White Bear Lake) in the Senate. (HF3146/SF2579*/CH477)
The new advisory council will report to the commissioner, who will consider its recommendations before awarding grants or adopting policies regarding programs for abused children.
Money from both state and federal sources is currently available through the Department of Corrections for agencies helping abused children.
The new council will help plan and develop programs for abused children, review applications for grants, make recommendations for funding government and non-profit private agency programs, and recommend five names for consideration to head the state's abused children program.
The Department of Corrections commissioner will appoint 12 individuals, serving two-year terms, to the advisory council. No member will serve more than two consecutive terms.
Members of the advisory council will represent both metropolitan and outstate areas, people of color, and other communities. One member must be from the Department of Human Services child protection unit. No more than six members can represent community or government organizations that provide services to abused children.
To address the problems of crime victims, there are three other advisory councils within the Department of Corrections that serve general crime victims, victims of sexual assault, and battered women.
Rep. Linda Wejcman (DFL-Mpls) and Sen. Linda Runbeck (IR-Circle Pines) sponsored the legislation. (HF2380/SF2104*/CH552)
Previously, those caring for a young relative were evaluated by a local social service agency, but were exempt from the licensing requirement.
The new law instructs the Department of Human Services to give significant consideration to the "importance of maintaining the child's relationship to family" in determining whether to grant a foster care license to a family member.
Another provision in the law, also effective Aug. 1, 1994, will allow disclosure of personal information on a child to relatives who are considering becoming adoptive parents.
The data privacy laws had created a Catch-22 situation, where relatives considering adoption had no access to vital information about a child's medical history and foster care records that would help them make a decision regarding adoption.
The new law states that preference should be given to either permanently transferring legal and physical custody of a child to a relative, or terminating parental rights and placing the child in an adoptive home.
The new law also says that a court can order a child into long-term foster care, only if the child is at least 12 years old and efforts to place him or her in an adoptive home have failed. A younger sibling, who has a "significant positive relationship" with the older sibling and lives in the same foster home as the brother or sister, also would be allowed to stay in long-term foster care.
The parent of a child placed in long-term foster care can petition a family court judge to return the child to his or her care. The parent must show that there has been a "substantial change" in his or her circumstances, so that a return to parental custody would be in the best interest of the child.
Rep. Linda Wejcman (DFL-Mpls) and Sen. Don Betzold (DFL-Fridley) sponsored the legislation. (HF2176/SF1735*/CH598)
Grocery stores and other retailers that sell salvaged food will be required to inform their customers in one of two ways: 1)Store owners can label each package; 2)or post a sign in a general display area that indicates food on the shelves may be salvaged or reconditioned.
Under current law, food that may have been exposed to fire, chemical spills, water, temperature extremes in the case of perishable foods, or other contamination risks does not have to be identified as such.
In Minnesota, there are about 14 companies licensed to process and sell salvaged food. The licenses are required by law and are regulated by the Department of Agriculture. After those companies determine that the food isn't contaminated, however, it can be passed on to distributors without indicating that it has been salvaged.
The new law requires those who distribute salvaged food to have a license as well. This would include anyone who receives the food from a licensed processor and sells it at wholesale.
The commissioner of agriculture will receive $35,000 from the state's general fund to carry out the new regulations.
The bill was sponsored in the House by Rep. Steve Trimble (DFL-St. Paul) and in the Senate by Sen. Ted Mondale (DFL-St. Louis Park). (HF2132/SF2072*/CH563)
But drinkers can imbibe later on Christmas Eve under another provision in the new omnibus liquor law, which makes many technical changes in state law regarding the sale and consumption of alcoholic beverages.
The "Crazy Horse" provision in the new law instructs the state commissioner of public safety to revoke the registration of any brand that "states or implies in a false or misleading manner a connection with an actual living or dead American Indian leader." The change in this provision is effective Aug. 1, 1994.
A New York City-based company introduced the Crazy Horse brand in Minnesota last year. It evoked an outcry from American Indians and others who said the label was offensive to the memory of the Oglala Lakota chief, who opposed the use of alcohol. (Sec. 12)
Rep. Joel Jacobs (DFL-Coon Rapids) sponsored the House bill and Sen. Sam Solon (DFL-Duluth) carried the legislation in the Senate. (HF2617*/SF2161/CH611)
The law, effective Aug. 1, 1994, calls on the Department of Administration to study the best way to distribute Minnesota licenses and permits to the public. Currently, citizens must travel to many different offices to pick up a number of licenses and permits such as hunting licenses.
Licenses could be distributed by using the state lottery computer system which has 1,650 terminals across the state. Telephone lines, or some other electronic method, also could be used, said Rep. Rick Krueger (DFL-Staples), who co-sponsored the measure in the House.
The Department of Administration must report the results of the study to the Legislature by Jan. 1, 1995.
The new law also calls upon the Office of the Revisor of Statutes to go through Minnesota Statutes and by Oct. 1, 1994, compile a list of periodic reports the Legislature requires various state agencies to make.
After reviewing the list, the Legislature may decide to reduce the number of mandated reports. Finally, the new law also says all reports to the Legislature must specify the cost of preparing the report, including any costs incurred by an agency or governmental unit other than the one making the report.
The law was sponsored in the House by Rep. Phyllis Kahn (DFL-Mpls) and in the Senate by Sen. Phil Riveness (DFL-Bloomington). (HF2710*/SF2624/CH559)
Since the 1980s, 1-900 phone services and other pay-by-the-minute lines for sports information, weather information, horoscopes, and sex talk have cropped up across the country. Some 1-800 numbers also cost money, and the new law applies to those as well.
The law also specifies that phone customers are not liable for calls made to phone services by "vulnerable adults." The definition of "vulnerable adults" in Minnesota statutes includes adults who are mentally ill or mentally retarded.
But telephone companies will be provided with some protection. Under the law, a telephone company could block a customer's access to these phone services without the customer's permission if the customer fails to pay these bills two months in a row or runs up a $500 or more tab in a single month.
When the law takes effect Aug. 1, 1994, phone bills must also contain a notice that customers "are not legally responsible for information service charges incurred by others without your consent except for calls made by your spouse."
The bill was sponsored in the House by Rep. Brad Stanius (IR-White Bear Lake) and in the Senate by Sen. Janet Johnson (DFL-North Branch). (HF564/SF819*/CH449)
Now, stadiums, concert halls, theaters, and all other arenas that can hold more than 200 people must provide three female bathroom stalls for every two stalls or urinals in a men's bathroom.
The law, effective July 1, 1995, applies only to newly built arenas or to those remodeling and adding more than 50 percent of their current space.
The new law also gives the commissioner of the Department of Administration the authority to decide whether to raise the ratio of men to women's bathrooms higher than two to three for some arenas.
The bill was first introduced in the House by Rep. Geri Evans (DFL-New Brighton). It was eventually folded into the 1994 supplemental budget bill which became law. Sen. Dallas Sams (DFL-Staples) sponsored the measure in the Senate.
The provision comes with no state appropriation. (HF3215/SF2913*/CH632, Art. 3, Sec. 33)
The $34 million proposal increases penalties for a host of existing crimes, and devotes several million dollars to crime prevention efforts as well. As passed by the Legislature, the proposal appropriated $36.7 million, but $2.7 million was line-item vetoed by Gov. Arne Carlson May 10. (See the Vetoed Bills section.)
Over 40 percent of the money, or $14.5 million, will fund the expansion of beds at the Lino Lakes and Faribault correctional facilities. At Lino Lakes, 230 beds will be added for chemically dependent residents.
(An additional $73 million in state-authorized bonds contained in a new 1994 bonding act would also expand the state's correctional facilities.
An additional $2.5 million will fund 116 more jobs at the Oak Park Heights, St. Cloud, and Stillwater correctional facilities.
Eight new district judgeships also will be created. A $3.5 million appropriation will fund four of those judgeships, reimburse jurors for parking fees in addition to the $15 a day they now receive, and pay for more court reporters.
Another $1.5 million will help ease the caseloads of probation officers statewide.
The proposal was sponsored by Rep. Wes Skoglund (DFL-Mpls). Though technically not a companion bill, SF2378, sponsored by Sen. Allan Spear (DFL-Mpls), was viewed by the conference committee as the companion to HF2351.
Other provisions in the new law (HF2351*/SFnone/CH636) include:
Law enforcement agencies, if they have probable cause, can notify a school principal if one of their students is believed to have committed a crime. They don't have to if the notification would jeopardize an ongoing investigation. Any written data must be destroyed when the student graduates. (Art. 4, Sec. 12)
Under the new law, schools both public and private that obtain the records of a juvenile may use and share the data within the school district, or with another school to which the student is transferring, as "necessary to protect persons and property or to address the educational and other needs of students." (HF2351*/SFnone/CH636, Art. 4, Sec. 1)
All law enforcement agencies, after identifying a child as missing and endangered as of July 1, 1994, must contact the BCA, "in recognition of the fact that the first two hours are critical." The BCA may then assist in any way necessary, and can now use state helicopters in their efforts. (Art. 4, Secs. 24-27)
By July 1, 1994, the BCA will distribute a training and procedures manual on child abduction investigations to every law enforcement agency in the state. (Art. 4, Sec. 32)
By Aug. 1, 1995, each agency must have a written policy governing missing and endangered children investigations, with specific actions to be taken during the first two hours of the investigation. (Art. 4, Sec. 32)
The Department of Public Safety will also receive $275,000 to develop a computer criminal alert network, designed, in part, to quickly disseminate information on missing and endangered children. State officials will consider fax transmissions, the INTERNET international computer network, and existing state computer networks as possible vehicles for the network. A report on the plan is due to the Legislature by Jan. 1, 1995. (HF2351*/SFnone/CH636, Art. 4, Sec. 37)
The Department of Corrections will also compile a community investigation report to gauge the sentiment of the community where the offender is scheduled to be released. The report also will include the opinions of the sentencing judge, the prosecutor, and any other law enforcement officials involved in the prisoner's case. (HF2351*/SFnone/CH636, Art. 6, Sec. 13)
Juveniles convicted of criminal sexual conduct also will be required to submit to testing.
The tests may only be conducted if the victim was exposed to or had contact with the offender's semen or blood during the crime "in a manner which has been demonstrated epidemiologically to transmit the HIV virus." (HF2351*/SFnone/CH636, Art. 7, Sec. 6)
Anyone convicted of assaulting a family household member and who uses a firearm in any way during the assault could be prohibited from possessing any type of firearm for life. The ban could range from three years to life, at the discretion of the sentencing judge. Violation of the provision will be a gross misdemeanor. (Art. 3, Sec. 10)
The changes apply to crimes committed on or after Aug. 1, 1994.
Previously, if the family member did not re-offend for three years after the assault, the gun would be returned. (HF2351*/SFnone/CH636)
The law requires cops to either destroy the weapons and ammunition or use them in their law enforcement duties. An exception allows them to save a weapon if the "agency determines that there is good reason not to destroy a particular item." (HF2351*/SFnone/CH636, Art. 3, Secs. 12-14)
The provision took effect May 11, 1994. (HF2351*/SFnone/CH636, Art. 9, Sec. 10)
The provision is effective Aug. 1, 1994. (HF2351*/SFnone/CH636, Art. 2, Sec. 44)
Interpreters, translators, non-English speaking people, and those for whom English is a second language must have an opportunity to assist in developing the certification criteria.
There is a growing concern about the accuracy of court interpreters. Bill sponsor Rep. Wes Skoglund (DFL-Mpls) related a story on the House floor where an interpreter was found not to be relaying the exact words of a witness, and was, in fact, omitting phrases and paraphrasing others. The interpreter was tripped up by a Spanish-speaking judge. (HF2351*/SFnone/CH636, Art. 1, Sec. 14)
The law, effective July 1, 1994, also will require juveniles to register if, had they been adults, their crimes would mandate registration.
Sex offenders from other states sent to Minnesota for incarceration or supervision must agree to register before entering the state.
The law mandates that certain convicted sex offenders register their address with law enforcement officials for 10-15 years upon prison release.
Failure to register will be a gross misdemeanor, up from the current misdemeanor penalty, effective Aug. 1, 1994.
As originally passed in 1991, only certain sex offenders whose victims were minors were required to register. (HF2351*/SFnone/CH636, Art. 4, Secs. 5-8)
As of Aug. 1, 1994, the advertising of fireworks is also prohibited in this state. (HF2351*/SFnone/CH636, Art. 5, Secs. 17)
establishes a misdemeanor penalty for violating DNR rules concerning the spread of harmful
exotic species, including Eurasian
water milfoil (Art. 2, Sec. 1);
increases the maximum fine for petty misdemeanor traffic violations from $100 to $200. In 1987,
the maximum penalty for all
petty misdemeanors except petty misdemeanor traffic violations was raised from $100 to $200.
This new law erases the
exemption for traffic violations (Art. 2, Secs. 3, 13, 14);
imposes life, without possibility of parole, for intentionally killing a local correctional officer (Art.
2, Sec. 19);
creates a five-year felony penalty for assaulting a child under age 4 that results in multiple bruises,
or harm to the child's head,
eyes, or neck (Art. 2, Sec. 20);
increases, to a gross misdemeanor from a misdemeanor, the penalty for assaulting hospital
emergency room personnel (Art. 2,
Sec. 21);
creates a five-year felony for mutilating the genitals of a female, effective Aug. 1, 1995. The
mutilation of woman's genitals is a
local custom in some African countries. With African immigrants coming to Minnesota, doctors
are reporting some cases of
genital mutilation (Art. 2, Sec. 22);
creates the crime of second-degree aggravated robbery, punishable by up to 15 years
imprisonment and a $30,000 fine. This
new category separates the crime of aggravated robbery into two categories. Those using
weapons in a robbery are committing
first-degree aggravated robbery, punishable by imprisonment of up to 20 years and a fine of up to
$35,000. Those who imply
they have a weapon while committing a robbery are committing this new category of
second-degree aggravated robbery (Art. 2,
Sec. 23);
imposes a maximum of 40 years imprisonment and a $50,000 fine for kidnapping someone under
the age of 16, regardless of
whether the kidnapping victim was released unharmed. This changes an existing law stipulating a
lesser penalty if a victim (of
any age) is released in a safe place without great bodily harm (Art. 2, Sec. 24);
makes it a felony for an adult to refuse to return a minor to his or her parents, contribute to a
child's truancy, or contribute to a
minor's being a runaway, if the adult is at least two years older than the minor (Art. 2, Sec.
25);
makes it a felony for an adult to live with a minor under the age of 16 without the consent of the
minor's parents (Art. 2, Sec.
25);
creates a gross misdemeanor penalty for obstructing access to or exit from a church or other place
of worship. Lawmakers last
year made it a gross misdemeanor for anyone to block access to a medical clinic (Art. 2, Sec.
27);
makes certain sexual contact with a child under the age of 13 a first-degree criminal sexual
conduct crime. Under current law,
it is a second-degree offense, which is less severe (Art. 2, Sec. 34);
increases, to a gross misdemeanor from a misdemeanor, the penalty for escaping from custody
following a misdemeanor charge
or conviction (Art. 2, Sec. 39);
makes it a gross misdemeanor to intentionally give the name and birthdate of another during a
court proceeding (Art. 2, Sec.
40);
makes it a felony to steal property from a vacant or abandoned building (Art. 2, Sec. 41);
expands the "peeping tom" law to prohibit surreptitious videotaping, which will be a
misdemeanor. Repeat offenders will be
charged with a gross misdemeanor. (Art. 2, Sec. 47);
imposes up to five years imprisonment for shooting at an occupied city bus, and up to three years
for firing upon an empty bus
(Art. 2, Sec. 49);
doubles the prison term for furnishing a minor with a gun, to 10 years, up from five years
imprisonment (Art. 3, Sec. 18);
imposes up to five years imprisonment for possessing a gun or other dangerous weapon in a
courthouse or in the State Capitol
(Art. 3, Sec. 21);
imposes up to five years imprisonment for altering or removing the serial number on a gun, or for
possessing such a gun. (Art.
3, Sec. 22);
makes it a felony to brandish a BB gun in a threatening way (Art. 3, Sec. 23); and
makes it a gross misdemeanor to carry a BB gun in a public place (Art. 3, Sec.
42).HF2351*/SFnone/CH636
The provision is contained in the omnibus juvenile justice proposal that will spend an additional $9.9 million during fiscal year 1995.
As passed by the Legislature, the proposal allocated $13.9 million, but Gov. Arne Carlson line-item vetoed $4 million in spending. Deleted were funds for additional judges, public defenders, and probation officers. (See Vetoed Bills section.)
The law incorporates many of the recommendations of the Minnesota Supreme Court Advisory Task Force on the Juvenile Justice System.
The measure also includes stiff penalties for juvenile offenders, including mandatory minimum sentences for juveniles convicted of a drive-by shooting, and felony penalties for those brandishing a BB gun or gun replica on school property.
The law was sponsored in the House by Rep. Wes Skoglund (DFL-Mpls) and in the Senate by Sen. Jane Ranum (DFL-Mpls).
Among the bill's (HF2074*/SF1845/CH576) other highlights:
Intensive educational programs will be designed for use at each secure facility, and will be tailored based on an offender's criminal history, age, and cultural and ethnic heritage. Other program components will include mental health screening and chemical dependency treatment. (HF2074*/SF1845/CH576, Sec. 4)
While the new law includes no funding for the juvenile jails, the state's new bonding law does include $19 million to pay for secure juvenile facilities.
Under an extended jurisdiction juvenile (EJJ) proceeding, certain 14- to 17-year-olds will be entitled to legal counsel and a jury trial. (Currently, 11 states allow for jury trials for juvenile court proceedings.)
Those teens found guilty will receive a juvenile court penalty and a stayed adult criminal penalty. If the juvenile violates the conditions of the juvenile penalty, and/or commits another crime, the adult sentence would kick in. A hearing process will be allowed for those who contest the imposition of the adult penalty in such cases.
A juvenile court proceeding will become an "EJJ" hearing if:
the minor was 14- to 17-years old at the time of the alleged offense, a certification hearing was
held, and the court ruled for the
EJJ process instead of certifying the child as an adult;
the offender was 16- or 17-years old and is alleged to have committed a felony and used a firearm,
or the crime was the type
that likely would result in a prison sentence, and the prosecutor chose an EJJ; or
the offender is 14- to 17-years old and the EJJ is requested by the prosecutor, and the court, after
a hearing, agrees to an EJJ
prosecution. (Sec. 14)
The Department of Corrections will receive $100,000 to develop and implement a plan for EJJ proceedings. (HF2074*/SF1845/CH576, Sec. 67, Subd. 2)
EJJ records, which are classified differently, will be forwarded to the Bureau of Criminal Apprehension and held for 15 years after disposition of the case. The data will be considered private. However, if the EJJ offender's adult sentence is imposed, the data becomes public. (Sec. 23)
Under a separate provision, a database on EJJ juveniles will be created, and the criminal and juvenile information policy group will study further whether the records should be public or private and how long they should be retained. (HF2074*/SF1845/CH576, Sec. 41)
Juveniles will be held before trial in a secure juvenile detention facility, and, if found guilty, could be placed in a residential treatment facility or a juvenile correctional facility. (HF2074*/SF1845/CH576, Sec. 33)
The provision also applies to juveniles or those convicted in an EJJ proceeding who committed a crime of violence. (Sec. 34)
A separate provision prohibits possession of a pistol or assault weapon for 10 years for the same offenders. (HF2074*/SF1845/CH576, Sec. 55)
$1 million will fund violence prevention grants to school districts. Grant funds will be used to
develop and implement violence
prevention programs to be integrated into existing K-12 curriculum (Sec. 67, Subd. 4);
$1.5 million will be for learning readiness programs, which help to prepare pre-kindergarten
children for school. Such
programs integrate social services, health and nutrition components to ensure the success of the
child. The programs are
designed to serve at-risk and developmentally disadvantaged children (Sec. 67, Subd. 4);
and
$2.2 million for high risk youth violence prevention grants. (HF2074*/SF1845/CH576, Sec. 67,
Subd. 4)
The new law is expanded to fund programs to prevent truancy, increase high school graduation rates, and intervene with juveniles who are considered likely to participate in criminal activity. (HF2074*/SF1845/CH576, Sec. 38)
The program is expanded to include children alleged or found to be delinquent, or found to be in need of protection or services. Currently, only juveniles in shelter care or in a detention facility are eligible for the mental health assessments and treatment program. (HF2074*/SF1845/CH576, Sec. 18)
The 1992 Legislature directed DPS to establish a similar line to refer crime victims to appropriate agencies. (HF2074*/SF1845/CH576)
The program goals will emphasize court alternatives that focus on promoting restitution to victims, reduce costs to the juvenile court system, and minimize the number of repeat offenders.
The original House proposal called for $1.1 million in funding for the program, but the funds were eliminated from the final proposal. (HF2074*/SF1845/CH576, Sec. 42)
The grants will be administered by the Department of Economic Security, which is the new name of the former Department of Jobs and Training. (HF2074*/SF1845/CH576, Sec. 67, Subd. 10)
Those organizations receiving grants will be required to submit annual progress reports to the Legislature. (HF2074*/SF1845/CH576, Sec. 1)
And those who drink and drive in different types of vehicles including cars, snowmobiles, boats, and all-terrain vehicles will also find past offenses more likely to stack up against them.
The 1994 omnibus DWI law, sponsored in the House by Rep. Linda Wejcman (DFL-Mpls) and in the Senate by Sen. Gene Merriam (DFL-Coon Rapids), increases penalties for people who make a habit out of drinking and driving. Lawmakers say these offenders are "slipping through the cracks" of the present system.
Under the bill, which is effective Aug. 1, 1994, judges will be allowed, and, in some cases, required to order those convicted of DWI and related crimes to serve their sentences back-to-back (consecutively) instead of merging all sentences into one (concurrently).
Currently, a person may be convicted of two or more drunk driving offenses, but usually serves the sentences concurrently. For instance, someone who is charged with a second DWI, while they're still waiting to go to court for a first DWI, would probably serve only one sentence for both violations.
Under the new law, sentences for these types of DWI crimes must run consecutively. And those serving sentences for multiple gross misdemeanor offenses could spend up to four years in jail up from the current three-year limit.
Likewise, when a consecutive sentence is ordered for a gross misdemeanor and one or more misdemeanor DWI offenses, the jail time limit could be extended to two years.
(Although the maximum jail time for a single gross misdemeanor is one year, the law allows for more jail time to be served when multiple sentences are served back-to-back.)
The new law also adds two more categories to the "habitual DWI offender" definition. Right now, people convicted of a DWI for a third time in five years or a fourth time in 10 years must spend a minimum of 30 days in jail. Under the new law, someone convicted of a sixth DWI within 10 years or an eighth within 15 years must be sentenced to at least one year in jail, or intensive probation with electronic alcohol monitoring.
In addition, if an alcohol-related offense and a non-alcohol related offense are committed during the same incident, such as someone driving while intoxicated and without insurance, the new law gives a judge the option of ordering consecutive sentences. Currently, a judge can order just the most severe punishment to be served.
Besides increasing jail time for multiple DWI offenders, the law also states that prior drinking and driving offenses no matter what type of vehicle was involved will enhance penalties for future offenses.
Under current law, a snowmobile or boating drunk driving conviction goes on an offender's record. If a person has had a BWI (boating while intoxicated) and is later convicted of a DWI, the DWI would be treated as if it were the second such offense. However, a previous DWI would not count against someone later convicted of a boating or snowmobiling offense. Under the new law, that no longer will be the case boating and snowmobile violations also will stack up against each other.
The new measures will not change current law with regard to a driver's license revocation. Drivers will lose only their license for the type of vehicle they were driving at the time of the arrest. (HF2985/SF1961*/CH615)
A section that would have said it was okay for students to participate in "silent prayer or other religious observation" in Minnesota public schools was added to a House education bill, and then later removed.
The provision, offered as an amendment by Rep. Eileen Tompkins (IR-Apple Valley), was added to the K-12 education finance bill on the House floor. House members approved it by a vote of 70-59.
The Senate version of the K-12 education bill contained a section that allowed students to pray "at home or in a religious institution."
During a conference committee meeting to iron out differences between the House and Senate education bills, lawmakers removed both prayer sections.
The final K-12 bill, without any mention of prayer, has been signed into law. (HF2189*/SF2206/CH647)
While House members were debating the K-12 education finance bill, Rep. Bob Waltman (IR-Elgin) proposed a measure to prohibit schools from teaching material that encourages "homosexuality as a positive lifestyle alternative." Lawmakers removed the word homosexuality and changed the amendment to one that would prohibit schools from encouraging any sexual activity by minors; then they voted 124-7 to adopt it.
The section was not in the Senate version of the K-12 education finance bill, however, and during a conference committee meeting it was removed.
The final K-12 bill (HF2189*/SF2206/CH647) was approved by both House and Senate. It was later signed into law.
The bill, in its original form, would have required retailers to allocate shelf space up to 20 percent by the year 2002 for beverages in refillable containers. That bill also required that packaging material include recyclables, and that transport packaging be reusable and recyclable. Also, schools would have had to dispense milk only from bulk or refillable containers, or from recyclable bottles that are taken to a recycling facility.
These provisions were removed in the House Environment and Natural Resources Committee. The bill that passed out called for a study of various recycling issues.
A mandate that the Office of Waste Management study whether the state is meeting its goal of reducing the amount of packaging going into landfills and garbage burners a section in the original bill passed and became part of the state's Waste Management Act under another piece of legislation. (HF1682/SF1577)
A House bill that would have offered rebates of up to $500 per stove to entice more consumers to buy environmental friendly products was snuffed out when it reached a House finance committee. The committee decided not to appropriate $250,000 from the state's coffers to fund the program. (HF1847/SF1960)
The proposal, sponsored by Rep. Kris Hasskamp (DFL-Crosby), would have made it more difficult to hold recreational landowners responsible for accidents that occur on their property. It was last seen when the Tourism and Small Business Division of the House Commerce and Economic Development Committee approved it March 9.
Under the proposal, a resort owner would have had to be proven guilty of "gross negligence" to be held liable for an accident. Gross negligence is more difficult to prove than "regular negligence," the standard to which resort owners are held under current law. (HF887/SF719)
An eight-member task force held five hearings across the state to gather input from Minnesotans for and against the issue, but no bill to impose term limits made headway during the 1994 session.
The task force, made up of eight House members, was charged with recommending to House leadership whether or not term limits should go on the ballot, and if so, what form a bill to propose them should take.
No action was taken on any proposal.
Imposing term limits on constitutional officers such as the governor and legislators would require a constitutional amendment; voters must approve any proposal to amend the state's constitution. The Legislature, however, would need to first pass a law to place the issue on the ballot.
Rep. Chuck Brown (DFL-Appleton) introduced a bill that would have placed a constitutional amendment on the November ballot asking voters if the state treasurer's office should be eliminated. The treasurer's role has been so greatly reduced by the Legislature in recent years; the position is useless, Brown contended.
The House Governmental Operations and Gambling Committee approved the bill the bill and referred it to the House Rules and Legislative Administration Committee, where it stalled. (HF2045/SFnone)
The House passed the bill, but the Senate did not act on it.
The bill would have called on Gov. Arne Carlson to eliminate 45 executive positions, including some commissioners and deputy commissioners, and 15 additional professional and clerical positions in state agencies.
Rep. Marc Asch (DFL-North Oaks), the bill's House sponsor, said the cuts could save taxpayers $2 million to $3 million each year.
Currently, commissioners from 26 state agencies report directly to Carlson, as do more than 200 other agencies, authorities, boards, commissioners, committees, councils, and task forces, according to a 1993 report by the Commission on Reform and Efficiency (CORE). The commission was appointed by Carlson to study ways to streamline government. (HF2278/SF2259)
Orfield saw his bid for an elected Metropolitan Council fail by one vote in the House April 28. But House members resurrected the bill the next week and passed it, minus the elected council provision.
The governor has appointed the 16 council members and their chair since the body's inception in 1967. The Metropolitan Council coordinates local government efforts in the Twin Cities seven-county metropolitan area.
Orfield has said the council's responsibilities are so vast, its members should be elected by the people they serve. His bill for an elected council also failed during the 1993 Legislative Session. (HF2276/SF2015)
A 12-line bill to make square dancing the official dance of Minnesota died this session to the dismay of House sponsor Rep. Katy Olson (DFL-Sherburn). An amendment to make "disco" the state's official dance also failed.
Olson, who is retiring from the Legislature, also proposed her square dancing bill in 1992, but it died then, too. (HF2089/SF1699)
Rep. Phyllis Kahn (DFL-Mlps), chair of the House Governmental Operations and Gambling Committtee, tried to attach a video lottery measure to the gambling bill. Her ammendment would have eliminated paper pulltabs in bars and replaced them with up to four video gambling terminals per establishment. Committee members voted down the proposal both times.
Gamblers would have been allowed to play such games as blackjack, keno, poker, and others on the terminals.
Gov. Arne Carlson and several legislative leaders have opposed any expansion of gambling.
The state's liquor industry has lobbied for four years to win the right to install video gambling machines in its bars and restaurants. Bar owners said they need the video gambling games to compete with nearby casinos which offer those games. They argue Minnesota's American Indian-owned casinos have an unfair competitive advantage and have lured away their customers.
But casino officials say casinos aren't to blame. Minnesotans are drinking less and spending less money in bars and restaurants.
The final House-Senate compromise bill did not include the measure. (HF321/SF103*/CH633)
The bill would have established a grant program to help licensed and accredited child care facilities attract and retain quality workers. Studies show a high turnover rate for teachers in full-day child care centers. Their average starting wage is $6.50 an hour. Those who care for children in the home earn an estimated $4.25 an hour.
The Department of Human Services would have administered the program and awarded grants to both licensed homes and child care centers.
The funds would then have been used to pay for staff bonuses, incentive pay, and specialized training. The funds also could have been used to repay the student loans of child care workers who take courses relevant to their employment.
The bill would have targeted facilities serving low-income and special needs children, and provided $200 in grant funds for each child identified as such. Licensed family day care facilities would have received a maximum of $1,500 annually. Child care centers licensed for up to 29 children would have received no more than $7,000 annually and centers licensed for 30 or more children would have received no more than $30,000 annually.
Although the bill specified no dollar amount, it is estimated the grant program would have cost $3.2 million annually. (HF2329/SF2000)
The program, which would have reimbursed veterinarians who performed spay and neuter surgeries on pets owned by low-income people, was removed from the bill (HF2644/SF864). It passed only the House General Legislation, Veterans Affairs and Elections Committee.
In cutting the program, which would have been funded through the Board of Animal Health, House sponsor Rep. Andy Dawkins (DFL-St. Paul) explained, "There's no money to start up a new program."
Neither the House bill nor the Senate companion passed out of finance committees.
In 1991, a similar proposal for a low-cost spay and neuter program was to be funded through a 1-cent wholesale tax on cans of pet food. That bill died in the House Taxes Committee.
Sen. Ted Mondale (DFL-St. Louis Park) sponsored the legislation in the Senate.
The bill proposed asking voters in November to decide whether to amend the state constitution to allow experts to testify on the statistical likelihood of a DNA sample matching (or failing to match) that of another individual. The Court had previously ruled that introducing such statistics into evidence would unduly sway jurors and "undermine the presumption of innocence." (HF1809/SF1871)
House sponsor Rep. Jean Wagenius (DFL-Mpls) hoped that the measure would rein in "kitchen table" gun dealers individuals who buy weapons with a federal firearms dealer's license, and then sell them out of their homes. Sen. Allan Spear (DFL-Mpls) sponsored the Senate bill.
Firearms dealers in the metro area would have had to apply for a three-year license from the Department of Public Safety, which would have rigorously investigated the applicants. The bill also would have required dealers to maintain detailed records of their transactions.
A particularly controversial section of the bill would have banned the sale of assault rifles in the metropolitan area and required current owners to register them with their local police department.
The House Judiciary Committee heard the bill, but didn't vote on it. (HF2771/SF2226)
Accused individuals, who have engaged in a pattern of violent conduct, or have been convicted of a felony involving violence against an individual in the previous 10 years, could have been denied pre-trial release on bail.
Federal law allows for pre-trial detention without bail. In Minnesota, judges must set bail, but sometimes the amount is so large it effectively keeps an accused person in jail pending trial.
Since no Senate action was taken on the measure, the House bill was withdrawn before it reached the floor. (HF1911/SF1884)
Both bills would have denied a driver's license to anyone under 18 years old who has not graduated from or is currently not attending school. Both bills would have returned the driver's licenses to dropouts who returned to school full time or when they turned 18. (HF1145/SFnone) and (HF2322/SF2111)
The House approved the bill, but it died in the Senate.
Current law requires a personal court appearance with two witnesses vouching for your identity to obtain a legal name change.
Under the bill a person could have avoided the court appearance and filed a sworn petition, along with affidavits from two people vouching for his or her identity.
The bill was designed to help lighten court caseloads. (HF2099/SF1998)
A provision in HF3230/SF2097 to raise the state tax on gasoline by 4.4 cents per gallon and tie further annual increases to the consumer price index passed in the House but didn't survive a House-Senate conference committee.
A bill (HF324/SF187) to fund mass transit projects by extending the state's 6.5 percent sales tax to gasoline sales passed the House Transportation Committee but stalled in the House Taxes Committee.
The gas tax hasn't changed since 1988.
The full House defeated the bill by a 46-83 vote. The bill would have authorized police officers to stop and ticket drivers solely because they weren't wearing seat belts.
Currently, police officers can issue a $25 ticket to someone violating Minnesota's seat belt law but only after stopping that person for another offense. (HF2005/SF1726)
Although different versions of the bill passed both the House and Senate, a provision exempting newer vehicles from the tests did not survive a House-Senate conference committee.
The testing program, in place since mid-1991, requires all motor vehicles in the metropolitan area to be tested annually for emitting excess pollution. A vehicle must pass the test before the Department of Public Safety will renew the owner's license plate tabs. (HF2520/SF2289*)
Bill sponsor Rep. Dave Bishop (IR-Rochester) said boosting the maximum highway speed limit would actually be safer because most drivers regularly exceed the 55 mph limit. Thus, a driver obeying the current speed limit is actually a hazard to traffic flow, according to Bishop.
The bill would have returned the speed limit on Minnesota highways to 65 mph during the day, but maintained the 55 mph limit at night. The speed limit on federal interstate highways running through rural areas already is 65 mph. (HF1170/SF757)
A section of Highway 55 between Lake Street and 46th Street in Minneapolis would have been named "Jerry Haaf Memorial Drive" and marked by signs, under the bill sponsored by Rep. Lee Greenfield (DFL-Mpls).
The bill died in a conference committee even though some lawmakers tried to incorporate it into the 1994 supplemental budget bill.
Haaf died in 1992 after being shot at the Pizza Shack restaurant on East Lake Street. Haaf was on a dinner break. (HF2364/SFnone)
The state also will pay for several different educational grant programs, and spend $2 million to take metropolitan area schools a few steps closer to achieving racial balance.
In total, Minnesota will spend an additional $49 million on K-12 education programs in fiscal years 1994-1995. However, only $22.4 million of those funds will be an additional draw from the state's general fund. The remainder will come from a reallocation of existing state education dollars.
Additionally, the State Technical College System will receive $24 million in state aid payments that have been intentionally delayed.
The bill was sponsored in the House by Rep. Kathleen Vellenga (DFL-St. Paul) and in the Senate by Sen. Larry Pogemiller (DFL-Mpls). (HF2189*/SF2206/CH647)
Currently, the state's technical colleges are part of Minnesota's K-12 education system and, like elementary and secondary schools, receive some of their state aid payments late. The state intentionally pays schools some of their money late and the accounting shifts have left districts short of cash.
The state's technical colleges, however, will soon be merged with Minnesota's community college and state university systems. According to the state Office of the Attorney General, the late payments can't legally continue after the merger, which is scheduled to be completed by July 1995. The money to "settle up" with the technical colleges will come from the state's general fund. (HF2189*/SF2206/CH647, Art. 15, Sec. 1)
The state currently pays $3,150 per pupil unit. The additional funds will increase that amount by $17.10.
The increase is a one-time appropriation. It is expected to offset the costs of a 1993 law requiring districts to spend more money on staff development training to keep teachers up-to-date with new advances in their fields of expertise. (HF2189*/SF2206/CH647, Art. 1, Sec. 38)
With the money, districts will be able to pay for adult monitors, video cameras, public address systems, crossing control arms, or other measures aimed at improving school bus safety. Although each district will be able to choose its own means for making buses safer, choices must be pre-approved by the Department of Public Safety.
The law also designates the first week of school as school bus safety week. During the week, each district is required to provide K-12 students with bus safety training. Training should include the theme that riding the bus is a privilege, not a right.
Another provision gives school boards the option of designating one day during school bus safety week as "School Bus Driver Day." Earlier this session, the House passed a bill declaring the second Monday in January "School Bus Driver Day" in the state, but the bill did not gain Senate approval.
The law also tightens training standards for school bus drivers. It will require them to have eight hours of training each year in areas such as safety, first aid, emergency situations, and understanding student behavior, including behavior relating to students with disabilities. This training is in addition to regular standards the drivers are currently expected to meet.
The $3 million allocation includes $15,000 to fund a newly created school bus safety advisory committee that will keep abreast of school bus safety issues in the state and make recommendations to the Legislature for further improvements.
The bus safety measures contained many recommendations from a 17-member school bus safety task force the Legislature created last year. (HF2189*/SF2206/CH647, Art. 12)
The law also gave the district permission to have a shorter school day and offer fewer than the 170 instructional days required by law to complete the school year. The exception allowed Burnsville students to graduate on time.
Although damages from the fire are estimated between $5 million and $7 million, most of the school's expenses will be covered by insurance. (HF2189*/SF2206/CH647, Art. 14, Secs. 3-4)
The bulk of the money, $1.5 million, is set aside for grants to districts to plan and develop magnet schools, which traditionally offer specialized programs in addition to regular classes to attract students.
Lawmakers say magnet schools help the state achieve "voluntary" desegregation by offering programs to attract students to other districts. For example, a specialized inner city school that attracts many suburban students would help a school achieve better racial balance.
Another $150,000 will be used to establish a state office to coordinate and support activities relating to desegregation. The office, within the Department of Education, will, among other things, distribute information, assist with interdistrict transfers, and help districts develop new magnet schools and programs.
[A separate bill authorizes $20 million to build two magnet schools in the Twin Cities area. The schools hope to promote desegregation and attract students from across the seven-county metropolitan area with specialized programs, such as an advanced math and science curriculum or an arts curriculum. Two or more school districts will jointly apply for each $10 million grant. (HF218*/SF182/CH643, Sec. 14, Subd. 7)]
The office will also monitor the progress of desegregation in metro area schools, and periodically consult with the Metropolitan Council to coordinate desegregation and integration efforts with housing, social, economic and other needs of the Twin Cities area.
The remaining desegregation dollars will fund three different grant programs: $200,000 to an existing program to attract teachers of color; $100,000 for mentorship grants to assist beginning minority teachers; and $50,000 for grants to encourage minorities specializing in business, science, and other careers to seek alternative teaching licenses and share their expertise with students. (HF2189*/SF2206/CH647, Art. 8, Sec. 1-2)
Last year, the Legislature gave the Department of Education $10 million to develop standards that students across the state would be required to achieve in order to graduate from high school. The law also said the standards could be put in place for students entering high school in 1996; this year's law clarifies that to mean students entering ninth grade in the 1996-97 school year.
In addition, the new law requires the state Board of Education to consult with the Special Education Advisory Council in developing the standards to ensure that students with disabilities can fully participate under the graduation rule.
The original House proposal would have required the board to gain approval from the Legislature next year in order to implement the standards statewide. But the compromise bill maintains current law, and states that the board must give the Legislature a yearly update on its progress in implementing different phases of the graduation standards. (HF2189*/SF2206/CH647, Art. 7, Sec. 1)
Currently, about two-thirds of the districts in the state have successfully asked their local taxpayers to pass an excess levy referendum, meaning their residents have voted to pay more of a district's day-to-day operating expenses. Most levies are collected using a "net tax capacity" formula, where a larger tax burden is placed on commercial property giving most homeowners a reduced share of the tax burden.
Under current law, all levies will expire in 1997, and any new levies must be based on a "market value tax system." Under the new law, districts will have until the year 2000 to make the conversion.
A market value system taxes both commercial and residential property based solely on market value. This would reduce the tax burden on commercial property and shift some of the load to homeowners.
In addition, a new levy can last 10 years. Current law limited them to five years. (HF2189*/SF2206/CH647, Art. 1, Secs. 17-20)
Although the 1993 law required districts to reduce their student-teacher ratios for grades K-6, the state only funded reductions for the first through sixth grades. Lawmakers inadvertently omitted kindergartners from the formula for class size reduction aid.
The new law adds kindergarten students to the formula, and makes the funding consistent with the mandate. (HF2189*/SF2206/CH647, Art. 1, Sec. 6)
Currently, all districts receive $50 per pupil for cooperation aid money to help them pay for programs or services they purchase in cooperation with another district such as foreign language classes, secondary education programs, and some special education services.
Under the new law, districts will receive $67 per pupil for cooperation aid.
Cooperation aid is split between property tax levies and state aid, depending upon a district's property tax base. For some districts, the $67 will come entirely from their property taxes. For others, especially districts that have a low property tax base, the state will pay a portion of the aid and the district will add the rest to the property tax levy. (HF2189*/SF2206/CH647, Art. 6, Sec. 24)
A provision of the new law would bring Minnesota into the final phase of "Part H," a federally funded program requiring states to provide, at no cost, certain special education services for disabled children up to 3 years old and their families.
The program is designed to coordinate the various special education programs and county social service programs that are already in place; it enables families of disabled children to receive all their information in one place, instead of having to track down all the different services available to them.
Measures to improve special education services for older children in the classroom also are included in the bill.
School districts will get $1.5 million extra to help them buy equipment to make it easier for special education students to be mainstreamed. The funds will come in the form of an extra $3 per pupil for their capital expenditure accounts.
Districts will be required to use the extra money for telecommunications equipment, computers, and other related management equipment that would help integrate special education students into the mainstream classroom.
Acting on recommendations from a state-appointed task force on children with disabilities, the law directs the Department of Education to assist schools in providing staff training that combines special and general education teaching methods. This provision is meant to encourage school districts to integrate special education and regular education teaching practices whenever possible.
The law also allocates $25,000 to continue the task force on children with disabilities for one more year. (HF2189*/SF2206/CH647, Art. 3)
The new law makes grants available for youth or parenting programs that collaborate with school districts to educate young people, particularly 10- to 21-year-old males, on the responsibilities of parenthood.
Each dollar must be matched with 50 cents of non-state money or in-kind contributions.
The measure is designed to prevent teen pregnancies and, in the long run, crimes committed by young people who grow up without fathers. (HF2189*/SF2206/CH647, Art. 8, Sec. 24)
The provision requires more districts to offer the reduced-price breakfast program; the $200,000 is meant to help pay for breakfast within the additional districts.
Another provision allocates $167,000 for a pilot program to explore the effects of giving nutritious breakfasts to all children in four selected elementary schools, without regard to eligibility for free or reduced-price meals.
Under the pilot project, two of the schools must have a high concentration of low-income students, with more than 40 percent qualifying for free or reduced-price lunches. The other two schools could have an average population, from 15 to 40 percent, of students who would qualify for discounted meals.
At the end of the year, the Department of Education will evaluate the four grant sites to determine the impact of the breakfast program on discipline, test scores, attendance rates, and other criteria. (HF2189*/SF2206/CH647, Art. 8, Sec. 30, 35)
Normally, students are charged for test taking and other fees associated with the state Advanced Placement and International Baccalaureate programs for the gifted. Currently, the state allocates $300,000 to help low-income students participate.
The extra money is expected to pay for all students to take one test, and up to half for a second test. The state is not obligated to pay for portions of a second test if the money runs out.
The provision does not change the current procedure, under which the state pays all fees for eligible low-income students. (HF2189*/SF2206/CH647, Art. 7, Sec. 12)
The law increases a portion of the "sparsity revenue" that the state gives to Minnesota's most geographically isolated school districts.
Currently, the state spends $5.8 million a year to assist 60 of its most isolated school districts. Administrators from those districts say they have a unique situation in that their distance from other schools prohibits them from sharing resources, as many urban and suburban school districts do to save money.
The provision also adds three more districts to the list of districts that are eligible for the aid.(HF2189*/SF2206/CH647, Art. 1, Sec. 22-23)
Under the provision, districts can apply for "instructional technology" grants to help them buy or gain access to the latest classroom technology.
To be eligible for a grant, a school district or group of school districts must demonstrate collaboration with a business or higher education institution. Community organizations or local units of government also could be involved.
The cooperatives will be expected to use computers and other technological equipment to do things such as develop personalized learning plans, create a broader curriculum, and gain access to electronic libraries. (HF2189*/SF2206/CH647, Art. 7, Sec. 17)
The money will provide grants to enable districts to pay for education and training to help disabled youth make the transition from high school to post-secondary education, work, or community living.
The district will be able to use the money to contract with a center for independent living or other similar organization to provide the services. The Department of Economic Security formerly the Department of Jobs and Training will oversee the program. (HF2189*/SF2206/CH647, Art. 3, Sec. 31)
The first calls for $55,000 to recruit students of color to become librarians. The money will help pay tuition for professional development programs in the field of library science or information management.
A second provision would establish a $50,000 grant program to help improve public libraries' service to children, youth, and families.
The grants require collaboration between a public library and at least one child or family organization such as a day care center or school district. (HF2189*/SF2206/CH647, Art. 10, Sec. 1, 3)
Interpreters can be certified by the Registry of Interpreters for the Deaf, the National Association for the Deaf, or the state Board of Education. They must also complete an accredited interpreter/transliterator training program.
Currently, school interpreters are not required to be certified, although some have completed an accredited training program. (HF2189*/SF2206/CH647, Art. 3, Sec. 17)
The program would create opportunities for children and staff of different ethnic, racial, and other cultural backgrounds to share educational experiences. It would call for student and staff exchanges between districts with approved desegregation plans and districts without desegregation plans.
Under the program, participating districts would develop summer programs reflective of particular ethnic, racial, and other cultural aspects of various demographic groups in the state. (HF2189*/SF2206/CH647, Art. 8, Sec. 23)
Under the new law, the Department of Education will conduct a survey, compiling information on the sexuality and family life related curriculum offered in each school, the age at which certain topics are taught, research and staff training available to teach the subject matter, and the role of parents in the sexuality/family life curriculum. (HF2189*/SF2206/CH647, Art. 8, Sec. 44)
The Metropolitan Airports Commission is in the process of buying out the homes whose residents have complained about airport noise for years. Since schools receive a part of their state aid based on the number of students enrolled, the declining pupils, due to the buyout, are expected to have a significant impact on the district's state aid payment. The $500,000 is meant to offset the decrease in funding and help the district through the transition. (HF2189*/SF2206/CH647, Art. 1, Sec. 41, Subd. 2)
The money goes to the Minnesota National Guard Youth Camp, an independent, non-profit corporation at Camp Ripley in central Minnesota.
The state grant which sets up a foundation to operate the camp must be matched equally with money from private donors.
The money effective July 1, 1994 was included in the state's 1994 supplemental budget bill.
The camp is for children of National Guard members. They receive "an experience in leadership" during the camp visit and develop an understanding about their parent's role as citizen soldiers, according to Rep. Brian Bergson (DFL-Osseo) who first proposed the measure in the House. The measure was sponsored in the Senate by Sen. Dean Johnson (IR-Willmar).
The camp "stresses a drug-free lifestyle," explained John Trombley, state coordinator of the camp. "We instill a strong sense of patriotism in our campers." (HF3215/SF2913*/CH632, Art. 3, Sec. 12).
Teachers who choose to work part time under the law will contribute a smaller portion to their retirement fund, but will still receive the same full-time credit toward retirement.
Under current law, only teachers with 20 years experience are eligible for the pension perk.
The law is meant to give districts flexibility to "phase-out" teachers who want to move toward retirement, and help phase-in new teachers; districts can use it as a tool to increase job-sharing opportunities.
Before teachers can become eligible for the program, however, their local school boards will have to endorse the plan.
Teachers in the optional program who have less than 20 years of experience will pay into their retirement accounts as if they were working full time, and their local school districts will pay the employer share based on the part-time salary.
However, either the teacher or the school district has to pay the state retirement fund the difference between what the district contributed on behalf of the part-time employees and what the share would have been if the teacher had worked full time. The teachers and the board can work out the proportion each contributes. For instance, a school board can agree to pick up half the difference with the teacher picking up the other half. This method is used with the current program for teachers with 20 years of experience.
Under the new law, however, the board will have to begin paying the full employer share for teachers with 20 or more years experience.
The bill was sponsored in the House by Rep. Mindy Greiling (DFL-Roseville) and in the Senate by Sen. Jane Krentz (DFL-May Township). (HF664*/SF614/CH521)
Under a new law, teachers who are part of the Teachers Retirement Association will contribute 2 percent more per paycheck into their retirement fund. That's a hike for most teachers from 4.5 percent to 6.5 percent.
The law also changes the computation for figuring out how much money teachers will receive, so they will receive larger pensions.
A rough estimate shows that on the average, teachers may see between a 7 percent and 9 percent increase in their pensions.
The law is a switch from past practices in that only teachers will have to pay more into the retirement fund. School districts, which match the teachers' contributions, won't see any increase in their payments. Typically, both the employer and employee contribute more when benefits are increased.
School districts contribute 8.14 percent for most teachers. That means that with the teacher's contribution and their new increase, 14.64 percent per pay period goes toward retirement.
Teachers in Minneapolis, St. Paul, and Duluth school districts are not affected by the law because they have their own pension funds.
Teachers will notice increased deductions after July 1, 1994, and those who retire on or after May 15, 1994, will be eligible for the higher benefits.
The bill was sponsored by Rep. Bob Johnson (DFL-Bemidji) in the House and Sen. Steve Morse (DFL-Dakota) in the Senate. (HF1921*/SF1801/CH524)
Gov. Arne Carlson signed a bill into law that would allow districts to start the 1994-95 school year on the Thursday or Friday before Labor Day.
Minnesota law currently prohibits school districts from starting classes before Labor Day schools usually start the day after Labor Day. This year, however, the beginning of Rosh Hashanah, the Jewish New Year, falls on what would normally be the first day of school.
Jewish children do not go to school on Rosh Hashanah; the two days are traditionally set aside for confession and introspection.
Under the new law, sponsored in the House by Rep. Jim Rhodes (IR-St. Louis Park) and in the Senate by Sen. Ted Mondale (DFL-St. Louis Park), districts can decide to start early, allowing Jewish students to attend the first day of classes. (HF1845*/SF1693/CH392)
The money will help reimburse school districts which, for years, have covered late state aid payments with their own money.
The state began delaying some state aid payments to schools in the 1980s during a series of budget crises.
Between 1982 and 1993, the state has borrowed $664 million from districts through this accounting strategy, called "shifting." Although it helps the state's cash balances, shifting lowers a district's cash reserve, sometimes causing them financial hardships. Some districts have had to use short-term borrowing.
Currently, the state is required to pay back districts that "shift" their regular local property tax funds to replace late state aid payments. The law, however, does not authorize the state to repay districts that cover the late payments with local referendum levies extra property tax money their local taxpayers have voted to give the district.
A provision that enables the state to pay back all the districts is included in the 1994 K-12 omnibus education finance law. It was sponsored in the House by Rep. Kathleen Vellenga (DFL-St. Paul) and in the Senate by Sen. Lawrence Pogemiller (DFL-Mpls).
Early in the session, the House unanimously approved a similar measure (HF1925/SF2922). However, the bill did not move in the Senate; so lawmakers folded it into the omnibus education bill, which has been signed into law. (HF2189*/SF2206/CH647)
Currently, city and school elections can be held on different days during the year.
The new law would require city, school district, and special district elections that are held any other time to move to the Tuesday following the first Monday in November. In even-numbered years, those elections would then coincide with state and federal elections. Primary elections, if any, must be held in September.
Elections could be held in either even-numbered years or in odd-numbered years, at the discretion of the local governing bodies.
Also under the new law, terms for school board members elected after January 1995 would be increased from three to four years.
Exceptions to the new uniform election day would be most township elections and school bond and levy referendums.
Township elections could still be held in March. The bill's House sponsor, Rep. Tom Osthoff (DFL-St. Paul), said townships were left out because they hold annual "town hall meetings" where residents discuss the issues for the year, and he didn't want to disrupt that process.
Residents of metropolitan area towns, however, could choose to move their elections to November as well.
Under the new law, cities, counties, and school districts could begin holding November elections whenever they choose, but they must begin by 1998.
The law also would set a mandatory minimum voting time from 5 p.m. to 8 p.m. for city and school elections outside the metropolitan area. Currently, cities can set their own voting time as long as it lasts at least three hours. In the metropolitan area, polls must be open for a municipal election from at least 10 a.m. to 8 p.m.
The law was sponsored in the Senate by Sen. William Luther (DFL-Brooklyn Park). (HF323/SF1512*/CH646)
Under current law, up to four non-metropolitan cities or towns can combine into one precinct to vote in the same place. This often helps small towns save money on election judges and other expenses related to holding elections.
The new law, effective Aug. 1, 1994, and sponsored in the House by Rep. Peter Rodosovich (DFL-Faribault), will continue to allow for a common polling site, but each city or town will be required to use a separate ballot box for each precinct.
The Office of the Secretary of State, which oversees elections, has been unable to attribute specific results to towns and cities that combine for elections. The new law will allow them to deliver tailored results to each city by precinct.
Another change made by the new law no longer requires that the municipalities combining their polling places be in the same county. An election anomaly in the city of Mankato prompted this change in the law.
When the city of Mankato, located in Blue Earth County, annexed some land across the Minnesota River in neighboring Nicollet County, the city had to send at least two election judges to the new precinct every election day, even though nobody actually lived in this largely commercial and industrial precinct. The new law will allow Mankato and a handful of other cities in Minnesota in similar situations to combine polling places.
Sen. Larry Pogemiller (DFL-Mpls) sponsored the bill in the Senate. (HF2672/SF2297*/CH607)
A new law, effective Aug. 1, 1994, officially changes the legal term "unemployment compensation" to "re-employment insurance" in recognition of the program's focus on returning unemployed people back to the work force.
House sponsor Rep. Walt Perlt (DFL-Woodbury), admitted that it probably will take people a while to catch on to the new term. Sen. Linda Runbeck (IR-Circle Pines) carried the measure in the Senate. (HF3053*/SF2800/CH488)
City leaders, who requested the legislation, have testified that if their employees live in the city, more of their paychecks would be spent in the city. They also believe that the city would be safer if its police officers and firefighters were required to live within St. Paul's borders.
Current St. Paul city employees would not be affected by the new law.
It will be up to the St. Paul City Council to decide how to carry out the residency requirement. Council members may decide, for example, to give new hires one year to move into St. Paul.
Last year, the Legislature authorized Minneapolis to adopt a residency requirement. The Minneapolis City Council gives new employees one year after they're hired to move into the city.
About 52 percent of the 3,500 St. Paul city employees live outside St. Paul, said House bill sponsor Rep. Steve Trimble (DFL-St. Paul). The legislation was sponsored by Sen. Randy Kelly (DFL-St. Paul) in the Senate. (HF881/SF309*/CH570)
The state employees would have to be certified disaster service volunteers with the American Red Cross. If so, they can now be granted up to 15 working days of leave each year to volunteer for the Red Cross at disaster sites across the country such as a hurricane disaster in Florida or a wild fire outbreak in California.
The employees will receive 50 percent of their pay while on leave and will still accrue vacation time, pension, sick leave, earned overtime, and other job benefits as though they were working full time. The state isn't liable for injuries its workers sustain while on disaster leave, however.
The employee's boss or appointing authority has to approve the leave, which will be granted based on the Red Cross' need for someone with the employee's expertise.
The measure was sponsored in the House by Rep. Charlie Weaver (IR-Anoka) and in the Senate by Sen. Ember Reichgott Junge (DFL-New Hope). It takes effect Aug. 1, 1994. (HF1915*/SF1734/CH583)
The new law sets up two funds to which vacation time may be donated one for a Minnesota Pollution Control Agency (MPCA) employee whose child needs a bone marrow transplant and another for a Department of Military Affairs (DMA) employee who was disabled while helping out at a car accident in January 1994.
Under the program, the number of donated vacation hours (up to 12 hours per donating employee) is credited to the employees' sick leave accounts, which enables them to remain on the payroll.
If the MPCA or DMA employee uses all of those 12 hours of donated time, up to 50 additional hours per employee of accrued vacation leave may be donated.
This program is different than the one already in law that permits the "cash-out" of donated vacation time to help people pay unreimbursed medical expenses.
The portion of the law pertaining to the MPCA employee is retroactive to March 1, 1994. The provision pertaining to the Department of Military Affairs employee became effective May 7, 1994.
The measure was sponsored by Rep. Sidney Pauly (IR-Eden Prairie) in the House and by Sen. Roy Terwilliger (IR-Edina) in the Senate. (HF2567*/SF2447/CH581)
State employees may donate up to 12 hours of vacation time to help a fellow employee pay a high medical tab for themselves or any of their family members.
Under a new law, up to 40 percent of the donated money can pay for expenses such as modifications to a home to make it wheelchair-accessible.
Previously, donations had to be used solely for unreimbursed medical expenses.
The law was approved in response to the case of a government worker who suffered a severe spinal cord injury while riding his bicycle to work.
In addition to the unreimbursed medical costs, the employee also had to pay several thousand dollars in remodeling costs to make his home wheelchair-accessible.
The measure was sponsored by Rep. Howard Orenstein (DFL-St. Paul) in the House and Sen. Richard Cohen (DFL-St. Paul) in the Senate. It applies to injuries that occurred on or after July 1, 1993. (HF2338/SF2095*/CH516)
Minnesota Project Innovation Inc. is a non-profit small-business development center that is affiliated with Minnesota Technology Inc., which was formerly known as the Greater Minnesota Corp. It helps small businesses that specialize in high technology develop and market their ideas. The project is funded by state and federal dollars.
The new law, effective Aug. 1, 1994, allows its employees to receive the same health insurance as state employees, although the project's 10 employees aren't employed by the state.
Rep. Rick Krueger (DFL-Staples) sponsored the bill in the House and Sen. Ellen Anderson (DFL-St. Paul) sponsored it in the Senate. (HF2226*/SF2593/CH554)
For 10 years, the retired Roseau teacher lobbied lawmakers to pass a law granting him thousands of dollars in retirement benefits. More than 10 years ago the Teachers Retirement Association denied him the money because they said Leverington missed his June 30, 1982, application deadline.
Leverington, 70, disagrees and has had four bills introduced to help resolve the dispute. During the 1994 session, his insistence paid off.
A new law entitles Leverington to an estimated $20,000 to $40,000 in benefits over his lifetime and states that his retirement was effective July 1, 1982. He already has received a lump sum of $11,514.43 and will receive $138 per month for as long as either he or his wife, Inez, live.
Leverington, however, isn't completely satisfied. He wants interest and may seek a new bill from the Legislature next year to receive it.
He had assumed interest, which could add up to $9,000, would be part of this year's new law, but it wasn't. "I'm going to attempt every measure possible to find justice in the state of Minnesota," he said.
He will confer with his local legislators Rep. Jim Tunheim (DFL-Kennedy) and Sen. LeRoy Stumpf (DFL-Thief River Falls) on the next step. Tunheim and Stumpf sponsored the law that took effect April 16, 1994.
Some state officials fear Leverington's law will set a precedent for 27 other retired teachers who also missed the 1982 deadline to make similar requests. (HF2269/SF2028/CH440)
Prior to the law change, which is effective upon Minneapolis City Council approval, spouses had to marry the firefighter while he or she was still an active member of the Minneapolis Fire Department to receive pension benefits upon that person's death.
The new law stipulates someone who marries a Minneapolis firefighter even if that person is already retired from the department at the time of the marriage can get surviving spouse benefits upon the firefighter's death. But the marriage must have taken place at least five years before the death, which would guard against death bed marriages.
The measure was sponsored in the House by Rep. Jim Rice (DFL-Mpls) and in the Senate by Sen. Carl Kroening (DFL-Mpls) (HF2420*/SF2180/CH591)
In June 1973, a law change greatly increased pension benefits paid to State Patrol officers who retired after that date. Those who retired before that date were allowed a 6 percent pension benefit increase each year to bring them in line with their younger colleagues, according to Edward Burek, deputy director to the Legislative Commission on Pensions and Retirement.
But the commission has found the State Patrol officers who retired before June 1973 now receive benefits equal to or even greater than their colleagues, Burek said.
The Legislature decided to end the annual 6 percent increase. (HF2405*/SF2288/CH528, Art. 1, Sec. 11)
Employees who move from one job to another, but who are eligible for the state pension plan under both jobs, can join the combine service annuity program. Their pensions plans are then credited as though they never changed jobs.
Those in the program earn pension benefits based on 2.5 percent of their salaries. But police officers and firefighters in the program will now use the higher number because their individual, non-combined service annuity pension plans use the 2.65 percent figure, explained Edward Burek, deputy director to the Legislative Commission on Pensions and Retirement.
This part of the law is retroactively effective to July 1, 1993. (HF2405*/SF2288/CH528, Art. 2, Sec. 14)
Members of the Teachers Retirement Association who choose to take advantage of the Family Leave Act and stay home with new babies or sick relatives while receiving a portion of their normal salary will accumulate "service credit" for their pension plans as if they were working full time.
Service credit is the accumulated amount of time worked while an employee is a member of the pension plan. Benefits increase with service credits.
This portion of the law became effective April 29, 1994. (HF2405*/SF2288/CH528, Art. 3, Sec. 12)
It specifically deals with public employees within the Minnesota State Retirement System, the Public Employees Retirement Association, and the Teachers Retirement Association who take a leave of absence to become a labor organization employee. The new law caps their pension benefits.
Their pension will be based on the salary average the employee earned during his or her top five grossing years, or 75 percent of the governor's salary, whichever is less. The governor earns about $109,000.
The new law stems from a 1993 case in which John Allers, a former Richfield School District janitor, wanted more benefits from his public employee pension. Allers took a leave of absence from his janitor job 24 years ago to become union leader with the School Service Employees Local 284. He hadn't been a public employee for 24 years when he asked the Richfield School District to allow him to come back to work for one day in hopes of qualifying for an early retirement package that would have pumped up his pension.
The Richfield School District said no. The Board of Trustees with the Public Employee Retirement Association, which coordinates Allers pension, has yet to make a decision on whether to grant Allers the early retirement package. The board is awaiting a recommendation from an administrative law judge. This law, however, will not affect Allers. (HF2405*/SF2288/CH528, Art. 4)
Before the law change, the couple must have been married before the pension plan member retired for the spouse to receive that person's pension payments after his or her death.
Though the marriage can take place after retirement, it must have taken place at least five years before the pension plan member's death in order to receive pension benefits.
The law becomes effective upon local approval by the retirement association controlling the pension fund and the municipality in which it is located. (HF2405*/SF2288/CH528, Art. 6, Sec. 1)
Similar language, pertaining only to firefighter's relief associations, is included in another bill passed by the 1994 Legislature. (HF2420*/SF2180/CH591)
The board manages pension funds for many public employees, including police and volunteer firefighter pension funds consolidated within the Public Employee Retirement Association.
Those police and fire pension funds not managed by the State Board of Investment cannot invest money in junk bonds under the new law.
Junk bonds are unrated corporate bonds or corporate bonds not rated among the top four quality categories by a nationally recognized bond rating agency.
Previously, investment in junk bonds was prohibited.
The law also allows the State Board of Investment to set up a seventh investment account in addition to the six investment accounts already in place. The international share account is made up of international stocks.
The law is effective July, 1, 1994.
The measure was sponsored in the Senate by Sen. James Metzen (DFL-South St. Paul) and in the House by Rep. Leo Reding (DFL-Austin). (HF2651/SF2316*/CH604)
Presently, the Legislature has to grant approval to each local police and fire pension association before they can offer surviving spouse benefits "for life" including after another marriage.
The new law says the associations can offer those benefits without legislative approval. But, the governing body of the municipality the association is located within such as a city council must approve with a majority vote.
"A lot of pension payments cease upon remarriage, but many associations are moving toward not ceasing payments. The Legislature wanted to authorize that, but it didn't want to mandate it," said Edward Burek, deputy director of the Legislative Commission on Pensions and Retirement.
The measure became effective April 22, 1994.
It was sponsored in the House by Rep. Leo Reding (DFL-Austin) and in the Senate by Sen. Pat Piper (DFL-Austin). (HF1909*/SF1723/CH491)
Under a new law effective May 6, 1994, the PUC will pick five or more scientists to examine the phenomenon of ground current, which some say can damage the health of farmers and their stock.
Stray voltage, which can develop from improperly grounded electrical systems or other faulty wiring, is different from ground current.
Scientists have generally agreed that stray voltage from electric service lines, in the form of repeated low-current shocks, can damage the health of farm animals. No such scientific consensus exists on whether ground voltage exists, and, if it does, whether it does similar harm.
The idea to create a PUC-appointed scientific task force was suggested during mediations between electric utilities and a group believing ground voltage can cause health problems, according to Rep. Rick Krueger (DFL-Staples), chief sponsor of the House bill that became law.
The law appropriates up to $548,000 to the PUC and the Department of Public Service to form the task force and to act on its recommendations. The task force will study the scientific research previously conducted on ground voltage, visit sites allegedly affected by the phenomenon, and recommend further issues for the PUC to study.
The law requires the task force to submit a preliminary report to the PUC by Jan. 1, 1995, and a final report by June 30, 1996, when the task force will be disbanded.
Sen. Dallas Sams (DFL-Staples) sponsored the legislation in the Senate. (HF2227*/SF1609/CH573)
The utility poles are standing on what many American Indians consider a sacred burial site. The burial mounds were built more than 2,000 years ago by a group archaeologists call the Hopewell People.
Most of the mounds have been destroyed, but the remaining few became part of the city park in the Dayton's Bluff neighborhood 100 years ago.
NSP can move their lines around or under the bluff, as long as they don't dig into the mounds, under the new law. The power company has until Oct. 1, 1995, to move them.
Rep. Steve Trimble (DFL-St. Paul) and Sen. Randy Kelly (DFL-St. Paul) originally sponsored the bill that became incorporated into the supplemental budget law.
It will cost NSP about $100,000 to complete the work. The utility will receive no compensation from the state. The provision became effective May 11, 1994 (HF3215/SF2913*/CH632, Art. 2, Sec. 63)
Some utility officials say the answer may be yes, and a new law, effective Aug. 1, 1994, mandates that the Public Utilities Commission (PUC) begin to study the question.
The study will attempt to determine whether lower rates mean fewer low-income customers falling behind in paying their bills. With fewer delinquent customers, a utility needs to spend less money disconnecting service and/or paying a collection agency to try to collect overdue accounts.
Under the new law, the PUC must order one or more utilities to begin pilot projects to discover whether such savings will offset the income lost from charging lower rates.
The new law specifies that the PUC report its findings to the Legislature by Jan. 1, 1998.
Rep. Joel Jacobs (DFL-Coon Rapids) sponsored the legislation in the House and Sen. Arlene Lesewski (IR-Marshall) carried the Senate bill. (HF2591*/SF2539/CH644)
The Minnesota Legislature, on the final day of the 1994 Legislative Session, approved the bill granting NSP the authority to store radioactive waste.
The issue pitted NSP and other energy interests against environmental groups and the power plant's neighboring Dakota community, which contends that storage outside the power plant may be unsafe for humans and the environment.
The legislation sent to the governor was a House-Senate conference committee report that emerged between widely different legislative visions on how to chart the state's energy future.
Under the House version of the legislation, NSP would have been prohibited from storing radioactive waste outside the power plant on Prairie Island. The Senate version permitted the power company to have 17 casks on Prairie Island.
Under conditions outlined in the final compromise, NSP will be able to eventually acquire and fill 17 casks, provided the company invests in alternative energy and searches for a storage site away from its Prairie Island plant.
Specifically, NSP sought the Legislature's permission to transfer radioactive waste from its indoor, underwater temporary storage pool to above-ground, 17-foot-tall steel casks weighing 122 tons when fully loaded with radioactive waste.
NSP officials have stated that without dry cask storage they would have to shut down one of the two reactors at Prairie Island within a year. With 17 of the storage casks, the utility says it can continue its Prairie Island operations until about 2001.
Under the new law, the state's largest power company has permission to use five storage casks immediately, and can use 12 more if it meets certain conditions.
Four of the 12 additional casks will be available when NSP has either constructed, purchased, or has under contract an additional 100 megawatts of wind power. NSP could only get the four additional casks if it also becomes actively engaged in searching for a cask storage site away from its Prairie Island power plant, but still within surrounding Goodhue County.
In addition, the company can use eight more casks unless the Legislature enacts a law by June 1, 1999, specifically revoking permission. The Legislature could only revoke permission for the casks if by that time NSP has not begun constructing an alternative site or if the company has not met goals outlined in the legislation regarding wind power and biomass.
The legislation also includes provisions requiring NSP to:
construct and operate or purchase or contract for 225 megawatts of wind energy by Dec. 31,
1998, and an additional 200
megawatts by the end of 2002;
construct and operate or purchase or contract for 50 megawatts of biomass energy by the end of
1998. Biomass energy is
electricity generated by burning farm-grown crops such as switch grass, alfalfa stalks, whole trees,
etc.; and
reduce by 50 percent the cost of the first 300 kilowatt hours per month purchased by low-income
customers.
The waste storage issue came before the Legislature because in June 1993 the Minnesota Court of Appeals ruled that NSP's request for dry cask storage needed legislative approval.
NSP had received approval for its plan from the Public Utilities Commission (PUC) in August 1992, but that decision was appealed by the Prairie Island Mdewakanton Dakota Tribal Council and others.
Rep. Loren Jennings (DFL-Harris) sponsored the House bill. Sen. Steve Novak (DFL-New Brighton) carried the bill in the Senate. (HF2140/SF1706*/CH641)
Effective Aug. 1, 1994, the Board of Water and Soil Resources (BOWSR) can approve a city or county wetland conservation plan that slightly varies from established rules, as long as it follows state policy that there be no net loss of wetland area. An alternative wetland plan must fit into a local unit of government's overall water plan, and be supervised by county or city officials. (Sec. 5)
This change in the law will allow a county, for example, to tailor wetland management to its unique conditions. A county could restore a certain number of wetland acres, and establish credits in a wetland "bank." If a new housing development required filling a small portion of wetland, then credits for that loss of wetland could be withdrawn from the bank.
Under another section of the law, effective May 11, 1994, small road repair or development projects that involve a loss of wetland less than 10,000 square feet or about one-fourth of an acre will not require approval from the U.S. Army Corp of Engineers. A small project will still need approval from BOWSR, but the waiting period for public comment which can delay construction for up to 120 days will be eliminated. (Sec. 4)
BOWSR received $9.8 million in the new 1994 bonding act. Most of the money will buy land adjacent to wetlands for conservation purposes. A $300,000 appropriation, included in the total, will build new wetlands and restore drained wetlands, which will provide credits in the state wetland bank. The Department of Transportation and local governments can contract with BOWSR and acquire wetland credits.
Wetlands act as a natural biological filter, preventing sediment from building up in lakes and rivers. Uncontrolled draining of wetlands, usually to make room for new roads or housing and business developments, has contributed to flooding problems in some areas. Wetlands also recharge underground aquifers and provide wildlife and fish habitat.
Rep. Willard Munger (DFL-Duluth) and Sen. LeRoy Stumpf (DFL-Thief River Falls) sponsored the legislation. (HF3179*/SF2724/CH627)
The law will allow business owners to reimburse the Minnesota Pollution Control Agency (MPCA) for staff overtime or outside contractors and other costs to speed up the review of their application for an air quality permit.
Any company that can potentially release certain levels of pollutants into the air such as a paint facility, asphalt plant, or a boat or chemical manufacturer, is required by federal law to obtain an air quality permit from the MPCA. The business must have the permit prior to constructing a new facility or expanding an old one.
Before granting a permit, the MPCA must determine that the facility's new smoke stack or other emissions control system doesn't violate state or federal clean air standards.
Normally, it takes the MPCA between six and nine months to process permit applications, which the agency reviews on a first-come, first-served basis.
The new law is meant to help companies that can't wait that long.
The charges for faster service would be added to the regular bill all permit applicants now receive. The extra money, however, does not ensure the MPCA will approve the application.
Under the law, the MPCA can only accept extra money and speed up review of an application after they've determined it won't affect the agency's normal work process and won't slow down the application reviews for other companies applying for an air quality permit. Any extra money will go toward paying staff to work overtime, outside consultant fees, and other costs resulting from the quicker process.
The bill was sponsored in the House by Rep. Charlie Weaver (IR-Anoka) and in the Senate by Sen. Gene Merriam (DFL- Coon Rapids). (HF2520/SF2289*/CH637)
Effective May 7, 1994, the new law bans the sale of shoes with lights triggered by a mercury-activated electric switch in the sole of the shoe.
The half gram of mercury in the switch can get loose and enter the atmosphere when the shoes are dumped or incinerated. Methyl mercury, the organic form of the liquid metal, can damage the nervous system. A half gram is the amount that can trigger fish advisories for an average-size lake.
Other sections of the new Waste Management Act, sponsored in the House by Rep. Jean Wagenius (DFL-Mpls) and in the Senate by Sen. Janet Johnson (DFL-North Branch) will:
allow the Minnesota Pollution Control Agency (MPCA) to
provide grants to build and improve regional solid waste
facilities that compost, incinerate, or use garbage as fuel;
ban landfills from accepting separated recyclable
materials;
exempt the U.S. government from certain regulations that
apply to private couriers, so it can transport infectious
waste. That way, outstate dentists, doctors, and
veterinarians could use the U.S. postal system to mail small
quantities of needles to facilities that dispose of
biologically hazardous waste;
improve the Office of Environmental Assistance's (formerly
the Office of Waste Management) methods for analyzing the
amount of packaging material that goes into the garbage. By
the end of 1995, the state hopes to reduce by 25 percent the
amount of packaging that is disposed of in landfills;
require people who recycle CFCs (chloroflourocarbons) from
air conditioners and other appliances to be trained and
certified. State certification could be met by receiving
federal certification as a CFC recycler;
assess a civil penalty of $500 against a person for
knowingly releasing CFCs into the atmosphere. The release of
CFCs is believed to be a contributing factor to the
destruction of the earth's ozone layer;
award grants to help build regional waste transfer
facilities but only if the facility contracts for 10 years
to transfer non-recyclable garbage to an incinerator or
composting facility;
regulate the levels of toxic metals in ink and paints.
After Sept. 1, 1994, inks and paints must have reduced
levels of lead, cadmium, mercury, and chromium. Current law
sets no standard; and
allow for automobile oil filters and antifreeze to be
recycled at a municipal recycling facility that burns waste.
Various sections of the new law become effective on different dates. (HF1995/SF1788*/CH585)
Although salvage yard owners are already collecting the substances, many are unsure of where and how to get rid of them. The law, effective July 1, 1994, is aimed at providing a uniform procedure that all the state's salvage yard operators will be able to follow.
Under the new law, the Minnesota Pollution Control Agency (MPCA) is required to study waste management practices that are currently being used by different auto salvage operations throughout the state. The MPCA will then work with a representative group of salvage yard operators to develop uniform cleanup and disposal methods.
Once the standards are developed, the MPCA will provide "how-to" training and technical assistance to owners and operators of the salvage yards.
An appropriation of $494,000 will fund the program. The funds, however, will come from re-assigning some existing MPCA waste tire funds not draw from the state's general fund.
The study and how-to training must be carried out between July 1, 1994, and Dec. 31, 1994. The MPCA is required to report its results to the Legislature in January 1995.
Under current law, the MPCA could go out and issue citations to facilities that are not disposing of hazardous material properly. The new law will allow the MPCA to find out what salvage yards are currently doing and gather owners' opinions on the best way to correct any disposal problems.
According to the bill's House sponsor Rep. Dennis Ozment (IR-Rosemount), the new law takes a more proactive approach by developing reasonable standards and educating facility operators, rather than simply fining them for disposal violations.
The bill was sponsored in the Senate by Sen. Leonard Price (DFL-Woodbury). (HF2894*/SF2520/CH582)
Under a new law, the state will pick up the tab for cleaning up many of its contaminated municipal landfills. Currently, that burden is usually shouldered by a select group of businesses and local governments the state or federal government has identified as responsible for contaminating the landfill.
By establishing a state-sponsored landfill cleanup program, lawmakers hope to end the numerous court fights between and among Minnesota businesses and municipalities over who should pay to clean up landfills and in what amounts.
Under the new law, the state will generate money to pay for the program by raising the fee businesses and local governments pay on the garbage they generate whether it goes to a landfill, incinerator, or composting plant. It's called the solid waste generator fee.
The new law expands another passed by the Legislature in 1993. That year households began seeing a $2 annual charge on their garbage bills and businesses and municipalities began paying 12 cents for every cubic yard of garbage they generated.
Last year, about half of the $7 million raised went to help assess what kind of landfill cleanup was needed in the state. The other half helped fund the Minnesota Pollution Control Agency's (MPCA) solid waste division.
Under the new law, they will be off the hook but all Minnesota businesses and municipalities will have to pay more to dispose of their garbage. The solid waste generator fee will rise from 12 cents to 60 cents beginning in 1995. The increase is expected to generate another $16.4 million a year to clean up landfills.
In addition, the fee will be applied to other types of garbage that weren't assessed until now such as industrial and medical waste and construction debris.
The $2 yearly household fee will not be affected.
Besides the increased fees, the new law allocates $90 million from the sale of state bonds toward the landfill cleanup program over the next 10 years.
Under current law, the MPCA or the U.S. Environmental Protection Agency, depending on whether the state or federal government will oversee cleanup, uses landfill records to determine who dumped contaminants, hazardous material, or other pollutants into a landfill. The agency then names "responsible persons" to be held liable for paying cleanup costs.
Although the "responsible persons" are legally obligated to pay, many of them try to bring in others or third parties to help share the cost. According to the House bill sponsor, Rep. Jean Wagenius (DFL-Mpls), many cities or small businesses will pay, even if they know they aren't responsible, because they're afraid it will cost more to try and fight the request.
In addition, some businesses and municipalities that already have paid for landfill cleanups, or are currently paying under a cleanup order, will be eligible for reimbursement under the program.
The legislation was sponsored in the Senate by Sen. Steve Morse (DFL-Dakota). (HF3086*/SF2313/CH639)
Each hauler, corporation, or municipality will have its own trust fund and any money left in the fund after 30 years from the close of the landfills will revert back.
Haulers already pay a "tipping fee" to dump their trash in a landfill. The new trust fund requirement applies only when a county waste plan provides for a superior form of waste management and the hauler, corporation or municipality chooses an inferior facility or method. For instance, if a county provides a composting facility and a hauler or corporation uses a landfill, the trust fund fee would kick in. If the county offers a state-of-the-art landfill and a hauler or municipality uses a standard landfill, the trust fund fee also would kick in.
There are older landfills that don't meet current federal pollution-containment requirements that newer landfills must. Some counties have newer, state-of-the-art landfills or have chosen waste mangement practices that are, under state law, superior to landfilling. About 60 percent of Minnesota garbage is processed in an incinerator or composted prior to the residue ending up in a landfill.
Under the new law, Minnesota haulers will pay $6.45 per cubic yard or $21.25 per ton for waste dumped in an older, unimproved landfill. If the hauler uses a new landfill that complies with current federal specifications, the trust fund payment will be $1.38 per cubic yard or $4.60 per ton of garbage.
No payment will be required if a hauler uses a more environmentally safe place to deliver the garbage. For instance, if a hauler delivers waste to an incinerator, composting plant, or recycling plant, he/she would not pay.
New landfills are built with liners and other safety features not found in older landfills. The Minnesota Waste Management Act lists a hierarchy of preferred waste management practices, with landfills at the bottom of the list.
The new law states that customers of a trash hauler, city, or corporation that dictates where garbage is delivered must be protected from financial liability if a landfill leaks hazardous wastes in the future or has other pollution problems. The trust fund becomes that protection.
A hauler, corporation, or city must keep detailed records and make quarterly reports to the Minnesota Pollution Control Agency (MPCA) on the amount of garbage taken to a landfill, and the amount paid into the trust fund. They must set up a trust fund for each landfill they use.
The MPCA will develop rules to implement the program.
The law will take effect on Feb. 1, 1995, or when the MPCA adopts rules for the program, whichever is sooner.
The legislation was sponsored by Rep. Dennis Ozment (IR-Rosemount) and Sen. Janet Johnson (DFL-North Branch). (HF2010*/SF2050/CH548
The state will step in and take charge of cleaning up many of Minnesota's contaminated landfills. A new law establishing a landfill cleanup program will mean businesses and municipalities pay more to dispose of their garbage, but they won't have to worry about being held liable for the cleanup of a contaminated landfill. (HF3086*/SF2313/CH639)
Septic tanks, which gather, decompose, and drain human wastes into the soil, are needed by households not connected to municipal sewer systems.
More than 340,000 failed or malfunctioning septic tanks exist statewide, according to Patty Burke of the Minnesota Pollution Control Agency (MPCA).
The MPCA has guidelines regulating septic tanks and some counties already have adopted them. Effective May 11, 1994, the new law requires counties or cities to adopt the MPCA rules or set tougher rules that meet the agency's approval. The rules regulate such things as how deeply a septic tank should be buried, how and where it should drain, and how far away it should lie from surface water.
The new law, which sets aside $120,000 for the MPCA, also requires that an existing septic sewage system be inspected whenever someone wants to add another bedroom or bathroom onto a house.
Such home improvements, said House bill sponsor Rep. Dave Bishop (IR-Rochester), are a likely indication that septic tanks may soon be subject to greater use.
If the inspection shows that a septic system doesn't meet the anti-pollution rules, a building permit will be denied until the tanks are improved or replaced.
Under the new law, anyone inspecting, installing, designing, or maintaining septic systems also must obtain a license from the state at a cost of $100 per year.
Also, the new law states that people selling a home with a septic system after Aug. 31, 1994, must disclose in writing to a buyer the location and status of the system.
Sen. Leonard Price (DFL-Woodbury) sponsored the Senate version of the legislation. (HF2158*/SF1909/CH617)
But Gov. Arne Carlson line-item vetoed $3 million worth of environmental projects outlined in the House-Senate compromise bill. The new law now spends $8.5 million on environmental projects across the state in fiscal years 1994 and 1995. (See Vetoed Bills section.)
Projects in the new law include:
There are now 12,847 miles of these grant-in-aid snowmobile trails in Minnesota. (HF3215/SF2913*/CH632, Art. 2, Sec. 5, Subd. 5)
Other provisions in the new law include:
$650,000 to improve state parks (Art. 2, Sec. 6);
$1 million to the Board of Water and Soil Resources that will allow soil and water districts to hire
staff to help landowners
improve conservation practices (Art. 2, Sec. 2);
$300,000 for the Minnesota Pollution Control Agency (MPCA) to support statewide partnerships
to improve septic tank
systems and storm sewers (Art. 2, Sec. 3);
$73,000 to the MPCA to continue a program that uses citizens to monitor the water quality of
lakes (Art. 2, Sec. 3);
$175,000 to the Department of Agriculture for a rural loan program to improve water quality
(Art. 2, Sec. 4); and
$100,000 to the Department of Agriculture for demonstration projects on pest management (Art.
2, Sec. 4);
The new law voids budget cuts made earlier this year by the Department of Natural Resources to balance the books of the agency's troubled game and fish fund.
The DNR's game and fish fund has also been relieved from making treaty payments to the Leech Lake, Grand Portage and Bois Forte Ojibwe bands, as well as reimbursements to counties for lost tax revenues on land taken for wildlife management areas. This was done in a separate bill signed by Gov. Arne Carlson. These payments will now come from the state's general fund. (HF3032*/SF2445/CH561).
The supplemental budget bill was sponsored in the House by Rep. Loren Solberg (DFL-Bovey) and in the Senate by Sen. Gene Merriam (DFL-Coon Rapids). (HF3215/SF2913*/CH632)
The law, effective Aug. 1, 1994, will extend the Blufflands trail system in Fillmore and Houston counties to the Mississippi River. Additional trails will extend the system to Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore County, and to Winona in Winona County.
In addition, a Shooting Star trail will be created in Mower County. The trail will start in Leroy, extend northwest through Lake Louise State Park, and connect the cities of Taopi, Adams, Rose Creek, and Lyle, and conclude in Austin.
Additional trails will be constructed to connect the Shooting Star trail with the Blufflands trail system, and the trail from Riceville, Iowa.
Also, the law calls for the creation of a Prairie Wildflower trail in Mower, Dodge, Steele, and Rice counties. The trail will follow an abandoned railroad line from Austin northwest through Blooming Prairie and Owatonna to the city of Faribault.
The trails will be developed for biking and hiking.
Funding for all the above trail networks will have to be secured in future legislative sessions.
Rep. Leo Reding (DFL-Austin) sponsored the House bill and Sen. Pat Piper (DFL-Austin) sponsored the Senate companion bill. (HF1906*/SF1841/CH391)
The new law authorizes the Department of Natural Resources (DNR) to purchase land around the five state parks. The 1994 bonding bill appropriates $2 million for the DNR to spend. The state parks to be enlarged are:
George H. Crosby Manitou in Lake County;
Old Mill in Marshall County;
Temperance River in Cook County;
Tettegouche in Lake County; and
William O'Brien in Washington County.
The law specifies that the DNR can allow hunting in the Temperance River and Tettegouche state parks.
Under another provision in the law, a state park permit is not needed, nor will a fee be charged, for motor vehicles at the Veterans Memorial scenic overlook portion of Jay Cooke State Park.
The legislation, effective Aug. 1, 1994, was sponsored by Rep. Mary Jo McGuire (DFL-Falcon Heights) and Sen. Janet Johnson (DFL-North Branch). (HF2665*/SF2451/CH448)
But a new law allows people who are disabled and do not own or operate a vehicle to purchase an annual permit they can carry. The law is effective Aug. 1, 1994.
Those who qualify must apply in writing to the Department of Natural Resources and provide a letter from a licensed physician or chiropractor attesting to their disability.
The annual park permit for people who are disabled continues at the discounted rate of $12 instead of $18. Currently, the same discount applies to senior citizens who are older than 65.
Rep. Kathleen Vellenga (DFL-St. Paul) was the House sponsor of the bill; Sen. Ellen Anderson (DFL-St. Paul) sponsored the Senate companion. (HF2657*/SF2584/CH458)
The law, effective April 29, 1994, specifies that the land will sell for $950 per acre. The Rochester School District will be allowed to buy 20 acres; the city of Rochester, 30 acres; and the public can bid for 50 acres. The acreage sold to the school district and the city must be used for public purposes.
The school district and the city of Rochester are expected to cooperate in developing their land parcels which lie within the Rochester city limits into a combined city park and elementary school, according to Jack Heather, acting regional wildlife area manager for the Department of Natural Resources (DNR).
Heather said the sale of land to the public will generate funds to buy more desirable replacement land for the wildlife area.
Most of the wildlife area land formerly belonged to the Department of Public Welfare (now the Department of Human Services) and was part of the Rochester State Hospital, now being used as a federal prison. In 1967, 155 acres was permanently transferred to the Department of Conservation (now the Department of Natural Resources). In 1971, another 550 acres was temporarily transferred to the DNR. The wildlife area covered 758 acres prior to the new land sales.
The land sales are based on recommendations from the wildlife area's advisory committee.
The wildlife area is named after Gordy Yaeger, a longtime columnist for the Rochester Post-Bulletin, who was an active proponent of wildlife conservation efforts. Yaeger died in 1976.
Rep. Dave Bishop (IR-Rochester) sponsored the House bill and Sen. Duane Benson (IR-Lanesboro) sponsored the Senate companion. (HF2054*/SF1858/CH531)
The OWM responsibilities, transferred to the MPCA by executive order in 1993, also are transferred back to the new OEA under the new law.
Future directors of the office will be appointed by the commissioner of the Minnesota Pollution Control Agency (MPCA). In the past, the directors were appointed by the governor.
Additionally, the solid and hazardous waste management duties of the Metropolitan Council are transferred to the OEA, as are Metropolitan Council employees who currently perform such duties.
A separate measure (CH544), which the governor vetoed, would have re-established the OWM as the OEA, but also would have prohibited transfer of any of it's responsibilities to another state agency. Rep. Dee Long (DFL-Mpls) and Sen. Gene Merriam (DFL-Coon Rapids) sponsored the vetoed bill.
The new law was part of the landfill cleanup legislation sponsored in the House by Rep. Jean Wagenius (DFL-Mpls) and in the Senate by Sen. Steve Morse (DFL-Dakota). (HF3086*/SF2313/CH639, Art. 5)
The new law, sponsored by Rep. Phyllis Kahn (DFL-Mpls) and Sen. Charles Berg (DFL-Chokio), includes provisions for:
Other changes in the bill will keep anyone under 18 from receiving a lottery ticket as a gift. Currently, minors can't buy lottery tickets, but can receive them as a gift from someone of legal gambling age. (Art. 6, Sec. 94; Art. 7, Sec. 4).
This year's November election ballot will include a question asking voters if the state constitution should be amended to allow off-track betting on horses. If the majority answers yes, the Legislature could authorize such betting in 1995.
Two Hector, Minn., horse breeders announced in late March they had purchased Canterbury Downs with hopes of bringing back live horse racing there. They need off-track betting parlors where people bet on and watch races held across the country on big-screen televisions to make a go of it, they said.
Although the 1991 Legislature approved up to four off-track teleracing sites in Minnesota, the law was later declared unconstitutional by the Minnesota Supreme Court.
The new law only authorizes that a proposed constitutional amendment be put to voters. If the proposed amendment passes, it will be up to the Legislature to determine how many off-track betting parlors would be authorized in Minnesota and how they will be regulated.
The constitutional amendment question will read:
"Shall the Minnesota Constitution be amended to permit the legislature to authorize off-track pari-mutuel betting on horse racing in a manner prescribed by law?"
The new law also requires that the director of the Minnesota Racing Commission conduct a study and report back to the Legislature by Feb. 1, 1995, with draft legislation on how off-track betting should be conducted.
The draft legislation would have to:
provide for a limited number of off-track betting sites to be spread throughout the state;
provide that pari-mutuel betting be conducted primarily to support live horse racing not to supplant it; and
provide that "off-track betting locations be limited to teletheaters with large-screen television displays of live horse racing,
theater-seating and full dining and beverage service."
Bill sponsor Rep. Wayne Simoneau (DFL-Fridley) said live horse racing could be a huge financial industry in the state. He said he expected 400 Minnesota horse farms to spring up, should live racing return. Sen. Carl Kroening (DFL-Mpls) sponsored the bill in the Senate. (HF3227/SF180*/CH626)
The new law is the result of a long-running border dispute between the Ontario government and resort owners along Minnesota's northern border.
The law aims to bring Ontario officials to the bargaining table, where state officials hope to convince them to ease up on some of the regulations they've placed on Minnesota-based anglers in recent years.
The latest and most severe Canadian regulation was a 1993 law that encourages people who fish the Canadian side of Minnesota-Ontario border lakes to stay in Ontario resorts.
The Ontario measure puts stricter limits on anglers who stay in Minnesota than on those who stay in Ontario resorts, sometimes banning Minnesota-based anglers from keeping any walleyes they've caught on the Ontario side of Lake of the Woods and Rainy Lake.
Minnesota's new law, which took effect April 22, 1994, is meant to discourage Minnesotans from crossing the border. It limits all Minnesotans who fish in Ontario regardless of where they lodge to the most restrictive Ontario limit placed on Minnesota-based anglers.
Although that limit should be zero, lawmakers are making an exception. Minnesotans will be allowed to bring home just one "trophy fish" of each species, and only if they bring it back whole and intend to have it mounted. The Department of Natural Resources will establish the definition of a trophy fish.
The Minnesota law will not apply to border lakes where the limits are the same for everyone. Currently, this would mean those lakes east of Rainy Lake.
The governor said he would waive the fish limits by July 1, 1994, if the Ontario government agrees to create a task force to resolve the issue by setting equal limits for everyone fishing in the designated waters.
A separate law clarifies that the importation law applies to anglers only not to fish wholesalers and restaurants. (HF2825/SF2429*/CH623)
The original proposal was sponsored in the House by Rep. Jim Tunheim (DFL-Kennedy) and in the Senate by Sen. LeRoy Stumpf (DFL-Thief River Falls). (HF1835*/SF1755/CH479)
The existing six-walleye daily and possession limit, which includes the single "trophy" fish, will not change.
Last year, the Legislature set the daily limit at one walleye over 20 inches long, and also limited anglers to one northern pike longer than 30 inches.
The new restrictions, effective April 29, 1994, apply to most Minnesota lakes, but do not apply to boundary waters.
An exception in the law is made for Lake of the Woods. There, anglers can take one walleye longer than 19.5 inches per day. This conforms to Ontario regulations. Also, anglers can now take only one northern pike over 36 inches per day from Lake of the Woods.
The Department of Natural Resources (DNR) also has the authority, by rule, to establish different length limits on different bodies of water, and designate them as "experimental waters." These rules carry the same weight as state law.
For the past 10 years, for example, anglers on Lake Mille Lacs have been limited to one walleye longer than 20 inches daily, according to Jack Wingate, resource manager for fisheries at the DNR. He said that particular DNR rule was adopted as part of an experiment to encourage more anglers to catch and release game fish. He estimated that some 2,000 large walleye are caught and released each year due to the one-per-day limit at Mille Lacs.
The new law will not supersede any existing rules currently in effect on experimental waters so designated by the DNR.
Rep. Doug Peterson (DFL-Madison) sponsored the bill in the House and Sen. Charles Berg (DFL-Chokio), sponsored it in the Senate. (HF2731/SF2467*/CH523)
As of April 21, 1994, non-residents can shoot rough fish including carp, buffalo, bullhead, sucker, and sheepshead with a harpoon gun.
The new law specifies that harpooners may use a gun powered by a spring, compressed air, or rubber band. Also, the harpoon must be fastened to a line no longer than 20 feet.
The law's sponsor in the House was Rep. Charlie Weaver (IR-Anoka); in the Senate, Sen. Gene Merriam (DFL-Coon Rapids). (HF2517/SF1741*/CH467)
This provision was added to the state law that prohibits intentionally snagging fish.
Until 1992, all snagged fish had to be returned to the water. The Department of Natural Resources abolished the rule later that year, so anglers could keep snagged fish.
Some angling groups, however, complained that too many steelhead (rainbow trout) and salmon were being snagged out of pools in Lake Superior tributaries. Their desire to reverse the trend of declining steelhead and salmon runs into the big lake was translated into legislation sponsored in the House by Rep. Dave Battaglia (DFL-Two Harbors), and in the Senate by Sen. Doug Johnson (DFL-Cook).
The law is effective Aug. 1, 1994. (HF1936*/SF1915/CH460)
Senior citizens were able to receive a refund on their $4.50 fishing license, but the 1994 Legislature struck that provision from the statute books (Sec. 21, Subd. 6). It becomes effective March 1, 1995.
The Department of Natural Resources (DNR) had been trying to discourage seniors from applying for the refund, especially over the past three years. But the more they tried, the more senior citizens applied for refunds.
The agency lost a $4.70 federal payment with each fishing license fee refund, in addition to the processing cost. In all, the DNR estimates it lost about $400,000 to $450,000 each year.
While senior anglers lose something, senior hunters gain effective Aug. 1, 1994. The DNR will allocate a certain number of permits to take deer within a game refuge to those 70 or older. (HF3032*/SF2445/CH561 Sec. 13, Subd. 2)
The surcharge money went into smaller dedicated accounts for fisheries management, and the new law specifies that these funds will continue to go for the same purposes "individual lake management, habitat preservation and improvement, and education." (Sec. 24)
There is also a requirement that 90 percent of revenue from DNR stamps needed to fish for trout and salmon and hunt waterfowl and pheasant go directly to fish and game accounts for habitat management programs. This proposal comes after a legislative auditor's report earlier this year criticized how much money from fish and game stamp revenues went to pay for DNR administrative expenses. (Sec. 9, Subd. 5; Sec. 10, Subd. 2; Sec. 11, Subd. 3; and Sec. 12, Subd. 4)
Rep. Thomas Pugh (DFL-South St. Paul) and Sen. Gene Merriam (DFL-Coon Rapids) sponsored the legislation. (HF3032*/SF2445/CH561)
Effective May 11, 1994, the DNR commissioner can allow red instead of blaze orange hunting jackets and hats for Amish people who hold a religious objection to the bright orange color. The exception is based upon the federal Religious Freedom Restoration Act of 1993.
Last year, the Legislature approved a law that required hunters to wear blaze orange during deer hunting season instead of red because it is considered the most visible color to the human eye. That 1993 law goes into effect in the upcoming deer hunting season this fall.
The game and fish bill was sponsored in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Bob Lessard (DFL-Int'l Falls). (HF2825/SF2429*/CH623)
Current law permits the taking of two deer in four northwestern Minnesota counties Kittson, Lake of the Woods, Marshall, and Roseau during the 1993 and 1994 hunting seasons. The new law extends that until 1996, and adds Pennington County.
The game and fish bill was sponsored in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Bob Lessard (DFL-Int'l Falls). (HF2825/SF2429*/CH623)
Other sections of the new game and fish omnibus law will allow:
road maintenance workers to remove a beaver dam blocking a waterway when it threatens to damage a public road. Beaver
lodges within 300 feet of a road can be removed, if the DNR commissioner gives his approval;
non-residents to hunt deer with antlers anywhere in Minnesota by buying a $220 license;
disabled war veterans to get free small game hunting licenses;
bow hunters to use a high-tech arrowhead with mechanically retractable blades, as long as they comply with other requirements
for arrowheads used in big game hunting;
an expanded season for hunting raccoon and red fox. By Jan. 15, 1996, the DNR commissioner must report back to the
Legislature on the effect this change has on these animals and their prey; and
individuals lawfully entitled to trap fur- bearing animals to sell raw furs to a licensed fur buyer, without buying a license.
The game and fish bill was sponsored in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Bob Lessard (DFL-Int'l Falls). (HF2825/SF2429*/CH623)
The new language, effective Aug. 1, 1994, aims to protect those living in city neighborhoods, big or small.
The new law says the killing of dogs that are endangering game can only occur where it is legal to fire a pistol or rifle which, in effect, excludes most cities.
The premise of the original law was to protect deer, which are most vulnerable in deep winter snow, and fawns born in the spring. Therefore, the law allowed people to kill predatory dogs in rural areas between Jan. 1 and July 14. Citizens still can kill predatory dogs during that time, but the new law restricts them to mostly rural areas.
Dogs threatening deer or other big game can be killed by a conservation or law enforcement officer at any time and in urban as well as rural areas. Rural areas, for the most part, would not be affected by the change in the law. In the countryside, roaming packs of dogs sometimes chase down deer.
Rep. Jean Wagenius (DFL-Mpls) sponsored the bill in the House; Sen. Jane Ranum (DFL-Mpls) was the Senate sponsor. (HF2046*/SF1922/CH575)
The money is part of a $30.7 million supplemental state budget bill and represents the bulk of a $17.7 million appropriation for the departments of finance, administration, employee relations, and a few smaller agencies. (See Vetoed Bills section.)
In 1991, the Legislature spent $1.8 million to begin the computer link. It authorized $15 million for the project in 1993. The last payment for the computer system is expected to come in the 1996-97 state budgeting period. (Art. 3, Sec. 8)
Other money set aside in the new law for the
departments of finance, administration, employee relations,
and other smaller agencies includes:
Indigenous Games $300,000 to the Minnesota Amateur Sports Commission to grant to the Minnesota Chippewa tribe. The tribe
will host the 1995 Indigenous Games near Bemidji, Minn. The sponsor of this provision, Rep. Bob Johnson (DFL-Bemidji),
compared the Indigenous Games to a smaller-scale Olympics. The grant must be matched by non-public funds (Art. 3, Sec.
10);
Streamlining local government $200,000 to the Legislative Audit Commission to conduct a best practices review of Minnesota
local governments to determine the best "method of service delivery" used by various city councils, county boards, and other
units of local government. The commission will then recommend that other local governments, which may not be doing as well,
adopt the "best practices" (Art. 3 Sec. 2); and
Groundwater monitoring $100,000 to the Office of Strategic and Long-Range Planning to maintain a computerized database of
the results of ground water quality monitoring. The monitoring is legally required in Minnesota. (HF3215/SF2913*/CH632,
Art. 3, Sec. 6)
Other provisions in the 1994 supplemental budget law for state government boards and agencies include:
The Department of Employee Relations must provide the report to the House and Senate education committees and governmental operations committees by February 1995. (HF3215/SF2913*/CH632, Art. 3, Sec. 9)
From July 1, 1994, to June 30, 1997, applying for a title or a title transfer for a motor vehicle will increase from $2 to $5.50. After June 30, 1997, it will revert to $3. The extra funds will be deposited in the newly created State Patrol motor vehicle account to help buy new cars for troopers.
The fund will get a maximum of $4.3 million to purchase the vehicles. (HF3215/SF2193*/CH632, Art. 1, Sec. 4)
The funds were advanced under the pilot litigation program established by the 1988 Legislature. The maximum loan under the program is $50,000.
Lawmakers tried to forgive the loan in 1992, but that proposal was pocket vetoed by the governor. (HF3215/SF2193*/CH632, Art. 2, Sec. 3)
The Agriculture Best Management Practices Loan Program is designed to help implement local water planning priorities, with the funds coming from the state's water pollution control revolving fund. The Department of Agriculture will establish pilot projects to develop procedures for implementing the program.
Funding applications will be reviewed and ranked according to eight listed criteria, including whether the proposed plan will improve or protect surface and groundwater quality, and whether the activities are needed to comply with existing water-related laws or rules.
Regular reports will be made to the Legislative Water Commission on the use of program funds. (HF3215/SF2193*/CH632, Art. 2, Secs. 1-11)
Additionally, up to $10 million from the same revolving fund will establish a clean water partnership loan program. (HF3215/SF2193*/CH632, Art. 2, Sec. 27)
The four ombudspersons now work in conjunction with the Indian Affairs Council, the Spanish-Speaking Affairs Council, the Council on Black Minnesotans, and the Council on Asian-Pacific Minnesotans.
Each of those state councils now has an ombudsperson to ensure that families of color are protected during child placement proceedings. The new law gives the ombudspersons more autonomy.
The office will retain its powers to investigate agencies, programs, and facilities which provide protection or placement services to children of color. The law does not grant additional powers to the ombudspersons.
The provision was originally sponsored by Rep. Carlos Mariani (DFL-St. Paul) as HF2307. (HF3215/SF2193*/CH632, Art. 4, Secs. 62-64)
The state archaeologist is appointed by the Minnesota Historical Society for a four-year term.
Current law requires that the archaeologist make environmental findings before certain development projects both public and private are allowed to continue.
The most recent state archaeologist quit in late 1992. The post has remained vacant since then.
Rep. Bob Waltman (IR-Elgin) told members last session of irate phone calls from constituents unable to sell plots of land until the extent of Indian burial grounds on the property had been determined by the archaeologist.
At that time, there was a backlog of 80 site visits the archaeologist was scheduled to make. (HF3215/SF2193*/CH632, Art. 4, Secs. 48-51)
The program will target runaways, high school dropouts, those with disabilities, and homeless kids, among others.
Its goal is to provide work experience and education at the same time.
Participants will be paid at least the minimum wage, but employers could increase the pay.
Funding of $1.8 million is contained in the omnibus crime bill. (HF2351*/SFnone/CH636, Art. 1, Sec. 12) An additional $230,000 is contained in the supplemental appropriations bill.
Of that money, $150,000 will go to the Minneapolis Park and Recreation Board, and $85,000 will go to the city of St. Paul. These two particular grants must be matched by non-state sources. (HF3215/SF2193*/CH632, Art. 4, Secs. 66, 67)
A new ethics law, the strictest-ever to emerge from the Minnesota Legislature, bans lawmakers from accepting any gifts from lobbyists. Such gifts would include money, property, a service, a loan, or a promise of future employment. Although not specifically listed, food and beverages also would be considered gifts, and, therefore, are prohibited. The same goes for tickets to sporting events and other entertainment. The new law takes effect Aug. 1, 1994.
Previous law did not set a limit on what a lobbyist could spend on a legislator, but any time the tab amounted to more than $50, the lobbyist was required to report it to the state's Ethical Practices Board.
In addition to elected officials such as representatives, senators, and the governor, other public officials and all employees of the Legislature also are forbidden from accepting gifts from lobbyists.
Many elected officials in the seven-county Twin Cities metropolitan area also are covered under the new law. Elected county officials from Anoka, Carver, Hennepin, Ramsey, Washington, Scott, and Dakota counties cannot accept gifts, and neither can members of a regional railroad authority or elected city officials in Bloomington, Minneapolis, Coon Rapids, St. Paul, Burnsville, Brooklyn Park, and Plymouth.
Also covered under the ban are: the Metropolitan Council, the Metropolitan Parks and Open Space Commission, the Regional Transit Board, the Metropolitan Transit Commission, the Metropolitan Waste Control Commission, the Metropolitan Airports Commission, the Metropolitan Sports Facilities Commission, the State High School League, and Minnesota Technology Inc.
There are a few exceptions to the ban on gifts. For instance, a lawmaker may accept a plaque or similar momento recognizing service, or a meal after he or she has appeared at a meeting to give a speech or answer questions on an issue.
The bill was sponsored in the House by Rep. Edgar Olson (DFL-Fosston) and in the Senate by Sen. John Marty (DFL-Roseville). (HF1863*/SF1737/CH377)
The law, sponsored by Rep. Tom Pugh (DFL-South St. Paul) and Sen. Jane Krentz (DFL-May Township), will better protect citizens and civic organizations from lawsuits called SLAPP suits. These Strategic Lawsuits Against Public Participation often are designed to stop people from testifying against a project before a city council or other governing board, or from writing a letter to their local newspaper in opposition to a project.
The law, which took effect May 6, 1994, requires developers or others filing the legal action to prove that they have been harmed by the person or people whose words or actions are at issue.
If not, the measure specifies that such a lawsuit be dismissed. The law protects people's "lawful conduct or speech" by making them immune from liability if their actions are "genuinely aimed in whole or in part at procuring favorable government action . . . unless the conduct or speech constitutes a tort or a violation of a person's constitutional rights."
Until this law, the citizen or citizens against whom such a suit was brought must have, in essence, proved their innocence.
In addition, the law requires the losers of such cases to pay the attorney fees of the winner. And it also allows the winner to seek damages against the initiator of such a SLAPP suit if he or she can prove it was brought to harass, inhibit public participation, or otherwise harm the winner.
Lawmakers were concerned that the threat of a SLAPP suit will intimidate citizens and make them afraid to speak out. (HF1155/SF584*/CH566)
Under the law, the MTC, RTB, and MWCC will no longer exist and their duties will be transferred to the Metropolitan Council. The MTC and the MWCC were abolished July 1, 1994. The RTB will be abolished Oct. 1, 1994.
Employees of the RTB cannot be laid off before January 1995 and employees of the MTC and the MWCC cannot be terminated before January 1996. The agencies employ about 3,635 people.
Rep. Myron Orfield (DFL-Mpls), the bill's sponsor, originally had pushed for an elected Metropolitan Council, but that version of his bill failed by one vote. Sen. Carol Flynn (DFL-Mpls) carried the bill in the Senate.
The Metropolitan Council plans and coordinates the development of airports, parks, roads and transit, sewage, and other regional issues for the seven-county Twin Cities metropolitan area. Its authority encompasses 100 cities, and the council has a full-time staff of about 150 employees.
The new measure provides for the Metropolitan Council to own and operate the metropolitan area's transit and sewage collection and treatment systems.
Effective Jan. 1, 1995, the council's top staff position, which is now the executive director, will be the regional administrator.
Also effective Jan. 1, 1995, 16 of the 17 Metropolitan Council members will draw a $20,000 annual salary, rather than the $50 per day payments they now receive. The per diem payments amount to about $5,740 per year. The council chair's annual salary was reduced from about $67,000 to $52,500. (HF2276/SF2015*/CH628)
Formerly, town board members could gather to make on-site inspections without violating the open meeting law if the town had no employees or staff to perform the inspections.
That law is amended to say the town board must make a good faith effort to notify those news organizations who request notification of the inspections.
The open meeting law says members of governmental bodies cannot meet without notifying the media so journalists can attend the meetings.
The measure was sponsored in the Senate by Sen. Dallas Sams (DFL-Staples) and in the House by Rep. LeRoy Koppendrayer (IR-Princeton). (HF2533/SF2262*/CH455)
With such "enhanced 911" systems, the location of a caller who reports an emergency is automatically displayed on a dispatcher's computer screen. The advanced technology allows dispatchers to send assistance to people who are too distressed to convey their location or who are unsure of their location.
Currently, all Minnesotans pay a monthly 911 fee of 14 cents per phone line. The additional 10-cents-per-month charge will go into a special revenue fund. A county opting to upgrade its 911 system would then be able to use a portion of those dollars to move to enhanced 911 services, but only if the county also raises one-third of the cost itself.
The additional 10-cents-per-month charge will not be assessed to cellular phone users, and after one year the state will adjust the monthly charge to reflect the amount actually needed to help maintain current 911 systems and to fund counties choosing to upgrade their 911 systems.
All of Minnesota's 87 counties have some level of 911 service, according to the Department of Administration. Twenty-two Minnesota counties already have enhanced 911 services, while 26 have just the basic service, according to the department. The remaining counties are in varying stages of upgrading their 911 systems.
Rep. Joel Jacobs (DFL-Coon Rapids) sponsored the legislation in the House and Sen. Arlene Lesewski (IR-Marshall) carried the Senate bill. The law becomes effective July 1, 1994. (HF2590/SF2540*/CH616)
The Emergency Response Commission is made up of the state commissioners of public safety, pollution control, health, and agriculture, plus 17 members appointed by the governor. Under the new law, the governor will appoint an additional member to represent local emergency managers.
The commission attempts to inform the public and local safety officials about potential environmental and other safety hazards in their communities. The commission also tries to inform the public as to what to do in the case of emergencies, from weather-related problems to chemical spills.
Emergency managers work for individual Minnesota counties to make sure the counties can immediately respond to any type of emergency. They weren't represented on the commission before because the commission reviewed and approved each counties' emergency plans.
Now regional boards review those plans.
The measure, effective Aug. 1, 1994, was sponsored in the Senate by Sen. Roy Terwilliger (IR-Edina) and in the House by Rep. Mark Olson (IR-Big Lake). (HF2843/SF2009*/CH584)
Currently, Minnesota fire departments with 10 paid or volunteer firefighters, including a chief and assistant chief, are eligible to receive state fire aid. The new law will include tribal reservation fire departments.
Last year, the state paid out $10.5 million in aid based on a fire district's population and tax base.
To be eligible, all Indian and non-Indian fire departments must meet state requirements, including using a motorized fire truck equipped with a motorized pump.
Fire aid comes from a tax on fire, lightning, and sprinkler leakage insurance payments in the state. The aid is distributed by the Department of Revenue.
The new law took effect April 23, 1994, and applies to fire state aid paid in 1995 and years after.
The measure was sponsored in the Senate by Sen. Roger Moe (DFL-Erskine) and in the House by Rep. Bob Johnson (DFL-Bemidji). (HF2402/SF2171*/CH498)
The new law extends a ban, enacted by the 1993 Legislature, on applications to the Federal Communications Commission (FCC) for two-way radio licenses in the 800 megahertz range.
Other radio frequencies are being used now, but radio traffic is increasing, thus the need for the 800 megahertz frequency. To ensure the transition to the new frequency is smooth, the state decided in 1993 to study how best to get Twin Cities police, fire, and ambulance services on board.
The 1993 Legislature enacted the ban on 800 frequency applications to give local governments time to develop a "regional trunked radio system" to ensure that fire, police, ambulance, sheriff, and other public safety agencies could communicate better with one another.
With such a linked radio system, law enforcement officers from different agencies and jurisdictions could, for example, pursue a suspect fleeing across city and county boundaries more effectively.
The new law extends by a year the Feb. 1, 1994, deadline a 31-member Metropolitan Council task force had to complete its study of the situation. The legislation also extends until June 30, 1995, the ban on license applications to the FCC. The ban applies to all county and city governments in the seven-county Twin Cities metropolitan area as well as to the Mdewakanton Dakota community.
Rep. Steve Kelley (DFL-Hopkins) sponsored the legislation in the House and Sen. Ted Mondale (DFL-St. Louis Park) carried the Senate bill. (HF1996/SF1826*/CH424)
The law gives the Office of the Secretary of State the authority to receive applications for volunteer openings electronically. Anyone who wishes to file for a vacancy on a state task force, commission, or board must, in most cases, do so through that office.
The office currently doesn't have the technology to receive applications via computer. But it may within one year, said Paula Biever, open appointment advisor in the office. Then people could use the network of computer users called the Internet or the Information Superhighway to file for openings. Those who don't have home access to the Internet may be able to use it at a public library, Biever said.
The law also gives the Office of the Secretary of State the authority to post board and commission vacancies on Internet.
The law is effective Aug. 1, 1994.
The measure was sponsored in the House by Rep. Mark Mahon (DFL-Bloomington) and in the Senate by Sen. Deanna Wiener (DFL-Eagan). (HF2409/SF2081*/CH480)
After Aug. 1, 1994, advertising revenue can be used to defray the costs of DNR publications, videos, and informational materials. The agency, however, cannot accept ads from elected officials or candidates for elective office.
The law also clarifies that the DNR can give away souvenirs with a value of less than $10 that promote natural resource conservation or wildlife management programs. The total value of items given away in this program can't exceed $25,000 per year.
Volunteers in various DNR programs could receive a coffee mug or a poster to acknowledge their efforts, under a provision of the new law, explained Marcy Dowse, director of information and education for the DNR.
Another provision clarifies in law what has been a long-standing DNR practice: the recognition of corporate and individual gifts or in-kind services on "plaques, signs, publications, audio-visual materials, and media advertisements."
The law comes from bills that were passed by both the House and Senate in 1993. A House and Senate conference committee couldn't resolve differences in 1993, so it was tabled until the 1994 Legislative Session. The conferees met again this year and came up with a compromise.
Rep. Ken Wolf (IR-Burnsville) sponsored the House bill and Sen. Leonard Price (DFL-Woodbury) sponsored the Senate companion. (HF859/SF760*/CH509)
The law, effective July 1, 1994, calls for a joint committee of up to 10 members to study the civil service rules that govern each agency and recommend those that could be eliminated. The committee cannot legally find affirmative action or seniority rules unnecessary.
The committee will identify any rule members think prevents the departments from adopting "innovative policies or procedures." It will also determine whether "innovation would be fostered" if the rule were completely or partially waived.
An already-in-place task force will then study the committee's recommendations on rule waivers and ask the Department of Employee Relations to do away with rules the committee finds unnecessary.
The committee will study the effects a rule waiver has on the agency. For the next three years the committee must report to the head of both agencies, telling them of rule waivers that didn't help. The commissioners of the two departments can then reinstate the rules.
The commissioners will report to the Legislative Commission on Employee Relations on the results of the program each year until its conclusion in 1997.
The measure was sponsored in the House by Rep. Howard Orenstein (DFL-St. Paul) and in the Senate by Sen. James Metzen (DFL-South St. Paul). (HF2772*/SF2258/CH453)
Under current law, the department may deny, suspend, or revoke a state-issued license for several reasons.
The new law, effective April 1, 1994, expands that power so the department can deny, suspend, or revoke the state-issued license of a person who provides false, misleading, or incomplete information to the Department of Commerce, or has refused to allow a reasonable inspection of records or premises.
The law also clarifies that the commissioner's authority includes the power to enforce its responsibilities under the petroleum tank release cleanup fund law.
Under the state's petroleum tank release cleanup fund law, or Petrofund program, owners of storage tanks may recover up to 90 percent of a site's cleanup cost. Those seeking reimbursement for such costs are required by law to provide the Petroleum Tank Release Compensation Board with detailed financial records upon request.
The new law will allow the Department of Commerce to deny, suspend, or revoke the license of those seeking Petrofund reimbursement if they fail to meet the disclosure requirements.
The proposal was sponsored in the House by Rep. Geri Evans (DFL-New Brighton) and in the Senate by Sen. Cal Larson (IR-Fergus Falls). (HF2201/SF1750*/CH385)
The name change reflects the "role, mission, and responsibility" of the department, said its commissioner, R. Jane Brown, who pushed for the legislation this session. A similar bill failed last year.
The department does much more than find jobs for people and train them, said Brown, explaining the department's decision to seek a name change.
The department administers programs such as Head Start, a government education program for disadvantaged pre-schoolers, and provides help with energy bills and services to the blind.
Rep. Barb Vickerman (IR-Redwood Falls) sponsored the bill in the House. Sen. Dennis Frederickson (IR-New Ulm) sponsored the Senate companion. (HF936*/SF961/CH483)
The study will make recommendations to increase the safety level of public fireworks displays, create requirements for fireworks operators, and establish a program to certify public display operators.
Recommendations must be submitted to the Legislature by Dec. 31, 1994.
The bill was sponsored in the House by Rep. Jerry Bauerly (DFL-Sauk Rapids) and in the Senate by Sen. Dan Stevens (IR-Mora). (HF2836/SF2425*/CH405)
Due to changes made by the 1993 Legislature, the United Negro College Fund would have been excluded from an annual state employee fund drive that raises money through payroll deductions for several different charities.
The college fund would have been excluded because its national board members live outside of Minnesota and its funds go to colleges outside the state.
But a new law includes a provision that educational institutions can receive money from the fund drive if they have a "local advisory board composed of members who live or work in the community."
Also, the college fund changed to conform with new language in the state law that requires educational institutions distribute at least 70 percent of the revenues from the fund-raising campaign to Minnesota residents. The college fund will use its income from the state employee campaign to fund scholarships for deserving Minnesota high school graduates.
Another change in the new law will benefit Open Your Heart to the Hungry and Homeless, a group that provides food and shelter to needy Minnesotans. The group was established by state employees and provides direct grants to grassroots agencies operating food shelves and homeless shelters.
The 1994 law exempts the state employee charity from monitoring the finances, management and programs of the food shelves and shelters it contributes to.
The law took effect on April 26, 1994.
Rep. Richard Jefferson (DFL-Mpls) and Sen. Sandra Pappas (DFL-St. Paul) sponsored the legislation. (HF2680*/SF2231/CH535)
A Minneapolis business owner, whose construction site was vandalized, and several dozen veterans who are eligible for military service bonuses also will receive money from the state.
These are among the roughly 120 appropriations listed in the 1994 omnibus claims bill signed into law. It totals about $146,000.
The Legislature's Joint Subcommittee on Claims considers claims made against the state each year. The panel serves as an informal "court." Individuals who feel the state is responsible for a financial loss can plead their case for reimbursement.
This year's law, which became effective May 11, 1994, contains claims that range from $15 to $44,855.
The highest claim will pay a Minneapolis company for the loss of income due to a state bidding oversight and vandalism to a construction project. The lowest claim will pay a World War II veteran who is eligible for a military service bonus.
A $32,000 appropriation in the law will reimburse two businesses that incurred legal costs from a December 1992 sting operation by the attorney general's "E-Team," as the environmental investigation unit was called.
Agents of the Office of the Attorney General tried to lure companies into contracting for illegal hazardous waste dumping. Flyers were sent to 571 Minnesota companies by Red Lion Disposal, a fictitious company created by the E-Team.
However, a Ramsey County judge ruled in 1993 that the investigation used unconstitutional entrapment and dismissed charges against a Little Canada firm. The state attorney general then dropped similar charges against another company. The companies now will be able to recoup their legal bills by filing a claim with the Department of Finance.
Most of the payments contained in the 1994 claims law, 98 this year, will compensate Minnesota veterans for state-authorized bonuses based on their length of military service during wartime.
The most unique appropriation in the new law might be the $1,363 reimbursement to a Stearns County man who needed medical treatment after being bitten by a cat while doing his court-ordered community service work.
A change made by this year's law will require a person filing a claim with the subcommittee to pay a $5 filing fee. Previously, there was no charge. The filing fee will be refunded if the person successfully obtains an award from the subcommittee.
The claims bill was sponsored by Rep. Andy Steensma (DFL-Luverne) and Sen. Randy Kelly (DFL-St. Paul). (HF3211*/SF2910/CH620)
However, the law actually delays coverage for those who are supposed to be eligible for MinnesotaCare under a 1992 law.
Beginning Oct. 1, 1994, single adults and people in households with no children with incomes less than 125 percent of federal poverty guidelines will be eligible for MinnesotaCare. For an individual, that's $9,204 per year; for a couple, $12,300 annually.
All families and individuals not eligible for Medical Assistance and who are within plan income limits were scheduled to be eligible for MinnesotaCare on July 1, 1994. The new law delays their eligibility until Oct. 1, 1995.
At present, there are 62,305 MinnesotaCare enrollees. Estimates place enrollment after single adults and childless couples are added at 89,798 for fiscal year 1995.
The current 2 percent tax on gross revenues from all health care providers, hospitals, pharmacies, and wholesale drug distributors, expected to generate $138.6 million in fiscal year 1995, will cover all 89,798 expected enrollees.
On Oct. 1, 1995, single adults and childless couples with incomes up to 275 percent of federal poverty guidelines will be eligible for MinnesotaCare. (Art. 13, Sec. 2)
A 1993 law also stated that new enrollment in MinnesotaCare must cease effective June 1, 1994, unless the 1994 Legislature approved a plan to balance the 1996-1997 MinnesotaCare budget. Lawmakers did not craft such a plan.
Instead, the 'no new enrollees' law was deleted from the books, and the departments of human services and health were charged with developing a plan to ensure that program expenditures would be covered by the 2 percent provider tax on hospitals, health care providers, and wholesale drug distributors, and the 1 percent gross premiums tax for fiscal year 1997 on health maintenance organizations. This delays by one year reports that were to be developed by the departments for 1994.
Those reports, however, won't tell lawmakers how to adequately fund the universal coverage goal under the current financing system.
The new law promises universal health coverage for all uninsured Minnesotans by July 1, 1997, but does not provide funding to meet the goal. Lawmakers will address how to fund the universal coverage goal next session.
The proposal does build on legislation passed during the last two legislative sessions and continues attempts to stem the growth in health care and insurance costs while increasing access to doctors and other health care professionals for uninsured Minnesotans.
The law says the state will complete its restructuring of Minnesota's health care delivery system by July 1, 1997.
Once the system reform is completed, Minnesotans won't simply have health coverage available they'll have to be covered. The bill mandates that each Minnesota resident "shall obtain and maintain qualifying [health care] coverage."
By Jan. 1, 1998, each Minnesotan also will have a health care identification card detailing their coverage.
The new health care system will be divided into two categories: integrated service networks (ISN) and regulated all-payer option (RAPO) for those not belonging to an ISN.
The 1993 Legislature encouraged the formation of ISNs, which would provide a full array of health care services, from routine primary and preventive care through acute inpatient hospital care, for a fixed price.
By law, ISNs are to be non-profit corporations that must participate in the Medical Assistance, General Assistance Medical Care, and MinnesotaCare programs.
Joining an ISN is voluntary for all health care providers. Those choosing not to join will become part of the "regulated all-payer system" (the fee-for-service alternative to integrated networks). Both systems would be strictly regulated by the state.
As an intermediary step toward the establishment of managed care networks, community integrated service networks, or CISNs, will be formed. These "mini-ISNs" will begin providing health care services to smaller communities throughout the state beginning Jan. 1, 1995.
Each CISN will serve up to 50,000 people and will be regulated in much the same way health maintenance organizations (HMOs) are now regulated. The benefits provided by CISNs must meet the minimum benefits outlined in law for HMOs.
Deductibles of up to $1,000 per person per year could be charged, provided that out-of-pocket expenses don't exceed $3,000 per person or $5,000 per family per year. The deductible would not apply to preventive health care services.
The new law delays the start up of ISNs, which have more than 50,000 people and have no limit on the number of people who can be enrolled. ISNs can't begin forming voluntarily until July 1, 1996. They were to begin forming on July 1, 1994.
While the governor did exercise his line-item veto authority on two provisions of the new MinnesotaCare law, they do not affect the policy changes outlined here.
The bill was sponsored in the House by Rep. Lee Greenfield (DFL-Mpls) and in the Senate by Sen. Linda Berglin (DFL-Mpls).
Other provisions in the bill (HF2525/SF2192*/CH625) include:
Those allied providers must meet the HMO's credentialing standards, contract terms, and managed care rules. Rules may include a mandatory referral from the HMO before a patient could see an allied provider.
As long as allied providers meet those requirements, HMOs could not refuse them entrance to an expanded provider network.
The HMOs will be allowed to offer the allied provider network as a separate insurance plan at an additional cost as long as the increase can be justified and is approved by the Department of Health.
The Medicare, Medical Assistance, General Assistance Medical Care, and MinnesotaCare programs are exempted from the expanded allied health coverage mandate. (HF2525/SF2192*/CH625, Art. 1, Sec. 6)
Additionally, each ISN must establish an office of consumer services, responsible for handling all enrollee complaints and inquiries. (HF2525/SF2192*/CH625, Art. 4, Sec. 3)
State health care financing and tax systems will be examined and recommendations for a "stable, long-term funding system" will be developed.
Although the law states that universal coverage, "to the extent possible," should be funded without a net increase in spending or taxes, one of the study's charges will be examining broad-based taxes such as an income or payroll tax.
A report to the Legislature is due by Jan. 1, 1995. (HF2525/SF2192*/CH625, Art. 6, Sec. 7)
County representatives and consumer groups are to help develop the plan as well. (HF2525/SF2192*/CH625, Art. 5, Sec. 3)
The new law permitting the merger paves the way for the combined facility to become an "integrated service network," which will soon become part of the new comprehensive state health care system for uninsured Minnesotans.
Integrated Service Networks (ISNs) will be non-profit corporations that provide an array of health care services for a fixed cost.
Without the merger, Ramsey Health Care would have had the health care delivery system of a hospital and clinic but would have lacked the insurance administration that HMOs provide.
HealthPartners is the umbrella non-profit organization formed when two health maintenance organizations (HMOs) Group Health and Med Centers combined.
The new law only helps make way for the merger because it was unclear legally what would happen if a non-profit, private organization united with a public corporation. The law does not authorize the deal.
Ramsey Health Care has three subsidiaries: St. Paul-Ramsey Medical Center, Ramsey Clinic, and Ramsey Foundation.
The law also states that St. Paul-Ramsey Medical Center and any successor medical organization must serve impoverished people as well as those who are well off. Ramsey County owns the hospital's property and the medical center provides care to poor patients in lieu of rent.
Rep. Mary Jo McGuire (DFL-Falcon Heights) and Sen. Randy Kelly (DFL-St. Paul) sponsored the law. The law can take effect only if it is approved by the Ramsey County Board of Commissioners. (HF2296/SF2210*/CH549)
Effective Aug. 1, 1994, anyone responsible for a seriously ill child who relies on spiritual healing instead of taking him or her to the doctor must report the condition of the child to welfare or social service agencies, the police department, or the county sheriff.
The law is intended to ensure that people who use prayer or other spiritual means as a sole method of curing their children at least report a severe illness to a social service agency.
Local welfare agencies will be authorized to ensure that the child receive traditional medical care if the reliance on spiritual healing may result in serious danger to the child's health.
The measure comes after a 12-year-old Minnesota boy died because his parents who were Christian Scientists didn't take him to a doctor when he developed juvenile diabetes. Christian Scientists rely on the power of prayer to heal.
A person who knows a child's health is in serious danger and doesn't report it could be found guilty of a gross misdemeanor if the child suffers "substantial or great bodily harm because of the lack of medical care." If the child dies, the responsible adult could be found guilty of a felony and face a maximum penalty of two years in prison and a $4,000 fine.
The law doesn't say parents or guardians can't use spiritual means or prayer to heal their children, but they must report the child's illness to social service agencies.
Rep. Phil Carruthers, House sponsor of the provision, has tried and failed the past three years to remove the "spiritual healing" exemption from Minnesota child neglect and endangerment statutes. The law requires parents to provide basic necessities to their children such as food, clothing, child care, and health care, but makes an exception for spiritual healing.
While the spiritual healing exemption stays, under the new law, a "good faith reliance" on spiritual means or prayer for treatment of a child does not exempt a parent or guardian from the duty to report that their child is seriously ill. So while parents wouldn't face child neglect or endangerment charges, they would face stiff fines and possible jail time for failing to report their child's illness.
In 1991, the Minnesota Supreme Court upheld the dismissal of negligence charges against the guardians of the 12-year-old diabetic, Ian Lundman, who died in 1989. The guardians were members of the Christian Science religion. In its opinion, the court cited the language in the Minnesota law that allowed the "good faith reliance on spiritual treatment and prayer" when treating illness.
Sen. Jane Ranum (DFL-Mpls) sponsored the bill in the Senate. (HF2351*/SFnone/CH636, Art. 2, Secs. 57-59)
Under a new law, effective May 6, 1994, the state departments of health and administration will develop lead safety standards dealing specifically with home repairs that may "disrupt lead-based paint surfaces."
For example, the replacement of windows or the installation of cable television wire could create a potential lead hazard by disrupting a previously sealed lead-based paint surface.
The new procedures, which will address lead cleanup and disposal, must be completed by July 1, 1995.
The law also requires:
new standards to reduce lead contamination in drinking water;
the review of current lead removal standards, laws, and rules; and
the health commissioner to come up with a plan for the state to conform with federal standards on who can remove the lead and
how they are trained. The commissioner must report to the Legislature by Jan. 10, 1995.
The Minnesota Departmentof Health also will apply for federal grants to subsidize the cost of the current lead cleanup training program and to increase the number of certified contractors qualified to do the work.
The supplemental health and human services budget bill, vetoed by Gov. Arne Carlson, had included $400,000 for lead cleanup programs.
The new law was sponsored by Rep. Karen Clark (DFL-Mpls) and Sen. Sam Solon (DFL-Duluth). (HF2916/SF2710*/CH567)
Under the new law, a homeowner could have the cost of replacing old pipes tacked on to their water bills, which could then be repaid over a period of up to 30 years.
The pipe work, which is optional, could be done in one of two ways: A homeowner could ask either the city or a private contractor to do the work. Either way, the bill could be rolled into a homeowner's water bill.
This program is designed to replace old pipes that bring city water into homes. Specifically, the pipe that runs from a homeowner's property line to the meter would be eligible for replacement, said Bernie Bullert, general manager of St. Paul's water system. An estimated 25,000 homes in St. Paul have a lead pipe running from property line to the meter, Bullert said.
The city will take responsibility for replacing the pipe from the home to the water main in the street.
Although the language in the new law is vague and allows for the replacement of any lead problem piping in a home, Bullert said the St. Paul program will focus on only the lead pipe that runs from the property line to the meter in a home's basement.
Studies have shown lead to be especially harmful to young children and pregnant women. Lead poisoning can cause mental impairment in children, as well as other developmental disabilities.
Another option in the law will allow the city of St. Paul to recoup the costs of pipe replacement through a special property tax assessment on homes that have water pipes replaced. The assessment also could be paid over 30 years.
The law will allow St. Paul to sell bonds to finance the program, which becomes effective upon formal approval by the St. Paul City Council.
Rep. Alice Hausman (DFL-St. Paul) sponsored the House bill; Sen. Randy Kelly (DFL-St. Paul) sponsored the Senate companion. (HF2175*/SF2114/CH504)
The new law effective Aug. 1, 1994 will create three nine-member advisory committees to study the availability and quality of emergency mental health services for adults.
The three counties chosen for the study will represent urban, suburban, and rural areas. The Department of Human Services will appoint the committee members but will consult first with advocates for people with mental illnesses and local advisory councils.
The law was sponsored in the House by Rep. Kay Brown (DFL-Northfield) and in the Senate by Sen. Don Betzold (DFL-Fridley).
The human services commissioner will report the study's
findings and recommendations to the Legislature by Jan. 15, 1996. (HF2148*/SF1760/CH515)
Effective May 5, 1994, the law is designed to allow certain doctors, nurses, dentists, and other health professionals to continue their practices provided they abide by the conditions of a monitoring program. Some health care workers may have their practice restricted as a condition of acceptance into the program.
It is hoped that more health professionals will step forward and admit their problems if the fear of losing their livelihoods and reputations is at least partially removed. Names remain confidential.
Previously, a health care professional accused of being impaired for health reasons could be subject to a disciplinary hearing, the results of which are public. Critics argue that practice prevented doctors and others from seeking help for their problems.
The new law sets up a Health Professional Services Program that consists of two or more regulating boards working together. A committee made up of a member from each participating board will appoint a manager to help work out the specifics of the program such as who should be enrolled, how they should be monitored, and how often.
A separate panel, composed of several health-related associations and two public members, will advise the committee on program content.
Program participants will be referred for evaluation and treatment of their illness or addiction. Individual contracts will be designed to help the health professional "and protect the public." Such agreements may include practice restrictions, random drug screening and support group participation.
Sponsored by Rep. Steve Kelley (DFL-Hopkins) in the House and in the Senate by Sen. Pat Piper (DFL-Austin), $198,000 is set aside for the program. It is modeled after an existing program that encourages health professionals with HIV, the virus that causes AIDS, and those with Hepatitis B Virus, to self-report. They can volunteer the information and subject themselves to monitoring.
Five of the state's 12 health professional regulating licensing boards have tentatively agreed to participate in the program. They include the Board of Medical Practice, the Board of Nursing, the Board of Dentistry, the Board of Podiatry, and the Board of Chiropractic Examiners. Other regulating boards could join later.
The new program does not affect the current authority of each regulatory board to discipline its members. (HF2120*/SF1849/CH556)
Effective April 14, 1994, the new licensing standard applies if the graduate is licensed in another state, has practiced for five years without disciplinary action, and has passed a special exam within three attempts in the two years before the licensing.
The new law expands existing exemptions for foreign medical school graduates.
Under current law, graduates of foreign medical schools who are admitted either as permanent immigrants with exceptional science ability, or given permanent visas as outstanding professors or researchers after Oct. 1, 1991, are exempted from completing any graduate medical training.
Rep. Katy Olson (DFL-Sherburn) and Sen. Jim Vickerman (DFL-Tracy) sponsored the new law. (HF2391/SF2345*/CH433)
A new law establishes a seven-member Board of Dietetics and Nutrition Practice effective July 1, 1994 to adopt a code of ethics and to administer and enforce the licensing of nutritionists and dietitians.
Anyone acting as a nutritionist or dietitian without a license could face a misdemeanor penalty and be served with a court order, under the new law. Those studying to become nutritionists or dietitians are exempt from the licensing requirement.
For the first year after setting the state licensing criteria, the board will license current dietitians and nutritionists who have been certified by national organizations or who meet certain educational requirements and have practiced in good standing for at least one year out of the past five.
The licensing requirements take effect 30 days following the effective date of the board-adopted rules. The law does not set a deadline for the board to begin licensing or to adopt licensing requirements.
Rep. Becky Lourey (DFL-Kerrick) carried the bill in the House; Sen. Janet Johnson (DFL-North Branch) sponsored it in the Senate. (HF1316*/SF1339/CH613)
The new law, effective April 21, 1994, allows such nurses who have earned a master's degree to prescribe and administer drugs used to treat psychiatric and behavioral disorders. Forty-six other states have similar laws.
Eligible nurses also must complete at least 30 hours of formal study relating to the drugs they would prescribe, and would be under the supervision of a psychiatrist.
Under previous law, each time a psychiatric medication was prescribed or adjusted, a psychiatrist's signature was needed. Eliminating that requirement decreases waiting lists for mental health services, particularly in rural areas, where the acute shortage of psychiatrists has been strongly felt, according to Deborah Brown of the Minnesota Nurses Association.
The measure expands a 1992 law that authorized nurse practitioners to prescribe and administer drugs.
The new law was sponsored in the House by Rep. Pam Neary (DFL-Afton) and in the Senate by Sen. Harold Finn (DFL-Cass Lake). (HF2072/SF1806*/CH470)
A related measure, authorizing nurse practitioners and physician assistants to dispense drugs, also has become law. As of April 7, 1994, certified psychiatric and mental health nurses have the authority to dispense drugs as well. Dispensing authority allows a nurse to give a patient medication to bring home, rather than administering a single dose in an office setting. (HF2318/SF2086*/CH389)
Under current law, nurse practitioners and physician assistants have the authority to prescribe and administer drugs, but they cannot dispense them. That means members of the two professions can give patients a pill or an injection in an office setting, but cannot give the same patient any medicine to take home.
The new law also states that nurse practitioners and physician assistants can dispense drug samples, codifying what has been common practice, according to Sue Stout of the Minnesota Nurses Association.
The bill was sponsored in the House by Rep. Roger Cooper (DFL-Bird Island) and in the Senate by Sen. Pat Piper (DFL-Austin). (HF2318/SF2086*/CH389)
The law, effective Aug. 1, 1994, authorizes Lake of the Woods County to forgive the amount owed on the contract for deed for Lakewood Care Center, a 52-bed nursing home in Baudette.
The county owned the nursing home until 1990, when it was sold to the local hospital, Lakewood Health Center. Since then, the facility has lost nearly $400,000. The hospital, until the new law, had owed the county $252,000 to pay off the facility. It had been unable to make payments in recent months.
County officials say changes in the health care industry have caused financial hardships for the nursing home. For instance, federal Medicare policy encourages more in-home care to keep senior citizens out of nursing homes. The 52-bed facility has struggled to keep about 40 beds filled.
A state tax imposed on health care providers in 1993 to help pay for MinnesotaCare, the state-sponsored health insurance plan for uninsured Minnesotans, is another cost burden on the nursing home, officials said.
County officials did not want to reclaim the nursing home because its losses would be tacked onto local tax rolls. It was easier, they said, to forgive the balance on the contract for deed, and allow the hospital to retain full ownership and responsibility of the facility.
Since the nursing home was sold through a competitive bidding process, the county needed legislative approval to forgive the remainder of the debt.
Rep. Jim Tunheim (DFL-Kennedy) sponsored the House bill and Sen. LeRoy Stumpf (DFL-Thief River Falls) sponsored the measure in the Senate. (HF1890*/SF1756/CH423)
Effective Aug. 1, 1994, smoking in common areas of apartment buildings such as laundry rooms, mail rooms, and hallways is prohibited.
Sponsored in the House by Rep. Edwina Garcia (DFL-Richfield) and in the Senate by Sen. Gene Merriam (DFL-Coon Rapids), the measure expands Minnesota's Clean Indoor Air Act, which restricts smoking in many public places. (HF423*/SF372/CH520)
Under the average cost formula, schools calculate the average cost of programs and divide that by the number of full-time students to come up with a total. The state then pays 67 percent of that total and expects tuition to pick up the rest.
Part of the "base plus" formula is fixed: it will give schools a set dollar amount for utilities, equipment expenses, and other costs.
The other portion the amount for teachers' salaries and classroom equipment is variable and will change with significant enrollment shifts. Also, schools can receive an extra 1 percent bonus if they meet specific performance standards which they develop with legislative and executive agreement.
The state will use the new method of appropriating money beginning with the 1995 school year. (HF3178/SF2900*/CH532, Art. 3)
The original House version of the bill would have abolished the HECB. (HF3178/SF2900*/CH532)
The House-Senate compromise bill would have appropriated $450,000 to the Fond du Lac Center in Cloquet to become a full community college. The governor vetoed that appropriation, but the full campus status will still take place July 1, 1994.
The new law establishes the campus' mission as meeting the educational needs of American Indians as well as other area residents. Tribal officials can oversee the governance of the college in conjunction with the community college board. That portion of the law is effective July 1, 1994. (Art. 2, Sec. 4)
The bill was sponsored by Rep. Gene Pelowski (DFL-Winona) in the House and Sen. LeRoy Stumpf (DFL-Thief River Falls) in the Senate. (HF3178/SF2900*/CH532)
Eligible faculty members must have worked in the state university or community college system at least 10 years and have been employed full time before retirement. They can return to work, provided their employers agree to participate in the program. But, they can only work part time and they can't make more than $35,000 annually.
The employees who take advantage of the program will receive a paycheck and a pension check, but won't earn additional pension credits. They will, however, receive full health care benefits if they return.
In the past, retired faculty members collecting pension benefits were reluctant to return to work because their pensions would have been reduced. Under previous law, for every dollar a retired faculty member earned above roughly $8,000, their pension would have been reduced by 50 cents.
Under the new law, retired faculty members who return to work can't enroll in any other retirement plans.
Retired faculty members who want to participate must tell their employers one year before they plan to return to work. The employer and the faculty members will work out other details, such as how long the employee will return to work.
The measure was sponsored in the House by Rep. Phyllis Kahn (DFL-Mpls) and in the Senate by Sen. Steve Morse (DFL-Dakota). (HF2658*/SF2357/CH602
Cities receive money from the state and federal government for low-income housing. Some of it can be used to offer rent assistance and some may be used to fix up older apartments for rent and homes for families to purchase.
The study must take into account the impact redevelopment will have on the price of housing and on the supply of affordable housing for low-income people in the area.
A city doesn't want to spend a lot fixing up a home and then discover low-income families can't afford the sale price, according to supporters of the law. A city also wants to balance how much money it spends on redeveloping homes and apartments and how much it spends helping people with rent assistance.
The study is to make sure redevelopment is a good use of taxpayer dollars, according to Ken Morris, assistant to the Metropolitan Council chair.
Developers have been known to pay $200,000 to fix up a dilapidated house, only to see it sold for much less when completed, Morris said.
If local governments are "going to put 'X' number of dollars in a house they want to make sure it's going to be worth it in value," he said.
The study will look at the costs associated with redevelopment and rehabilitation to see if those costs push the price so high that the housing is no longer affordable.
The Metropolitan Council study should consider the costs and benefits of redeveloping rental property and owner-occupied property and the role of state, federal, and local agencies in housing redevelopment.
It also should compare housing redevelopment and rehabilitation projects in at least three different types of neighborhoods; for example, an inner city project, a first-ring suburban project, and a rural project such as one in Farmington.
The Metropolitan Council will report the study's findings to the Legislature by July 1, 1995.
Rep. Connie Morrison (IR-Burnsville) who sponsored the measure in the House, wants to see if there are better or more cost-efficient options other than rehabilitation and redevelopment to ensure low-cost housing in the Twin Cities metropolitan area.
The bill was sponsored in the Senate by Sen. David Knutson (IR-Burnsville). (HF1840/SF1740*/CH577)
Also introduced this year was a bill (HF2171*/SF1991/CH594) to urge cities and towns in the seven-county metropolitan area to make room for low-income housing. The bill, sponsored by Rep. Myron Orfield (DFL-Mpls), called on the Metropolitan Council to allocate affordable housing in the metropolitan area based on a formula that determines each city's current proportion of such housing. The council also would have looked at the number of jobs available in a community and other factors when setting low-income housing goals.
In vetoing Orfield's bill, Gov. Arne Carlson, cited the Morrison bill and said the Metropolitan Council was already studying low-income housing in the Twin Cities area.
The law increases the market value of homes that qualify for financing from the Minnesota Housing Finance Agency (MHFA).
Under the current system, a city can ask the MHFA for an allocation of low-interest loans for its citizens. The MHFA then sells bonds and authorizes local banks to distribute the money to low- and moderate-income people to buy or build homes. The bonds are tax-exempt, which enables the agency to offer the loans at a low interest rate.
The new law replaces the MHFA loan limits with a set of federal standards, some of which will benefit Minnesota home buyers. For instance, a family of three in an outstate area that earns up to $48,000 will qualify for a loan on an existing home with a sale price up to $76,230, under the new rules. The old MHFA standard would entitle the same family to a loan on a home with a sale price up to $62,000.
In the metropolitan area (which entails 11 counties including Wright, Isanti, Chisago, and Sherburne counties), the maximum price on an existing home for which a loan will be granted is now $92,543 up from the old MHFA standard of $85,000.
For newly constructed homes, the maximum price for which a loan will be granted is $95,000 whether the homeowner lives in outstate Minnesota or the metropolitan area.
A qualified applicant must be a first-time home buyer and meet the MHFA's income guidelines. In addition, they must live in a city which has requested and been granted an allocation from the MHFA.
The law, which contains other provisions dealing with tax-exempt bonds, was sponsored in the House by Rep. Ann Rest (DFL-New Hope) and in the Senate by Sen. Lawrence Pogemiller (DFL-Mpls). (HF3122*/SF2836/CH527)
A new law, which changes some regulations on how local governments can handle their money, allows cities to place a special tax assessment on a resident's property to pay off a pipe replacement loan.
Studies have shown lead to be especially harmful to young children and pregnant women. Lead poisoning has been shown to cause mental impairment in children, as well as other developmental disabilities.
Currently, a home improvement loan through a bank is the only option for home owners who need to replace old lead pipes.
Individual cities must decide whether to participate in the lead abatement program. A separate 1994 law gives the city of St. Paul authority to sell bonds to raise money for such a program.
In another section of the new law, effective May 11, 1994, the state gives local housing authorities another way to collect debts.
Local housing authorities manage low-income or public housing projects. Under the new law, they can collect debts from a renter's state income tax refund check.
Currently, only state agencies have the authority to garnish a tax refund check to pay a debt; the method is commonly used to collect overdue child support payments.
The law was sponsored in the House by Rep. Ann Rest (DFL-New Hope) and in the Senate by Sen. Lawrence Pogemiller (DFL-Mpls). (HF3193*/SF2884/CH614)
Prior to the new law, only those whose household income was less than 115 percent of the median household income of an area were eligible for the Accessibility Loan Program of the Minnesota Housing Finance Agency (MHFA).
The MHFA program offers loans of up to $10,000 to make homes more accessible for people with long-term physical disabilities or for anyone who needs in-home care. Under certain conditions, the loans may be made without interest or forgiven in full after five years.
The provision eliminating the income requirements appears in a bill making mostly technical changes in the laws regulating the MHFA.
Rep. Kay Brown (DFL-Northfield) sponsored the legislation in the House and Sen. Steve Novak (DFL-New Brighton) carried the Senate bill. (HF2064*/SF1982/CH586)
A case where a tenant causes a nuisance or seriously endangers the safety of other residents will also be put on a fast track for a court hearing.
And county sheriff's deputies must give priority to serving a court order for restitution in these tenant/landlord cases, under a new law regarding conciliation courts. The law is effective Aug. 1, 1994.
Another part of the law allows a representative of a condominium, cooperative, or townhouse association to represent their group in conciliation court. The law previously required a corporate partner, officer, or management employee to go into court.
And conciliation courts will have jurisdiction to decide cases on a greater range of issues arising from a landlord and tenant relationship, or a rental agreement.
For instance, conciliation courts can now hear cases on tenants skipping out on rent or causing damage to the rental unit. They also can hear cases about landlords who fail to make apartments safe or do not adhere to the rental agreement.
Previously, conciliation courts could hear only cases that dealt with the recovery of a security deposit on rental property, whether a tenant was unlawfully evicted, or whether utilities were turned off illegally.
Rep. Linda Wejcman (DFL-Mpls) and Sen. Skip Finn (DFL-Cass Lake) sponsored the legislation. (HF1910/SF1732*/CH502)
Lawmakers last year passed legislation requiring owners of buildings with 12 or more units to provide their tenants with written leases. This year's legislation makes disobeying the law a petty misdemeanor, which is subject to a fine of up to $200.
Rep. Darlene Luther (DFL-Brooklyn Park) carried the House bill and Sen. Ellen Anderson (DFL-St. Paul) sponsored the legislation in the Senate. The law is effective Aug. 1, 1994, for new or renewed leases beginning on or after that date. (HF1859*/SF1822/CH496)
The law is effective Aug. 1, 1994.
The law keeps local governments from changing zoning rules on older mobile home parks that regulate how close mobile homes can be to one another, the size of mobile home lots, and how far from streets and sidewalks the homes must be.
Changes in zoning rules could throw older parks out of compliance and result in their closure, argued supporters of the bill.
Rep. Chuck Brown (DFL-Appleton) sponsored the bill in the House; Sen. John Hottinger (DFL-Mankato) was the Senate sponsor. (HF2666*/SF2421/CH473)
Existing state law stipulates that mobile home parks with 10 or more homes first licensed after March 1, 1988, must have on-site shelters to protect residents during severe weather. All mobile home parks, regardless of size, licensed before that time may, in lieu of on-site shelters, have evacuation plans to move residents to nearby off-site shelters.
The new law requires mobile home park owners to give their residents copies of the park's shelter or evacuation plans. Existing state law had only required that such plans be "posted at conspicuous locations throughout the park."
Rep. Kay Brown (DFL-Northfield) sponsored the legislation in the House and Sen. Steve Novak (DFL-New Brighton) carried the Senate bill. (HF1829*/SF2778/CH592)
The new legislation will change existing state law, which only required the occupant of the mobile home to be notified. The new law recognizes that sometimes the owner and occupant are two different people.
In addition, the repossession hearing will be held in the district court in the county in which a mobile home is located. The new law changes state law that allows the bank or other lending institution holding the loan to choose the county in which to hold the hearing.
The two changes make the rules for repossessing a mobile home similar to the laws regarding foreclosure of a house.
Rep. Kay Brown (DFL-Northfield) sponsored the legislation in the House and Sen. Harold Finn (DFL-Cass Lake) carried the Senate bill. (HF1861/SF1825*/CH444)
Current law doesn't regulate a birth mother's choice to hand her baby over to adoptive parents in a private transaction, but it is a common practice.
The new law, effective Aug. 1, 1994, will require adoptive parents to get an adoption order from the district court in the county where they live before they take custody of a baby through a direct adoption. A personal appearance in court will not be required.
The adoption order will be granted based on information provided to the court in a newly mandated adoption study. The prospective adoptive parents will pay for the study, to be conducted by a licensed adoption agency. The agency will examine the history of prospective adoptive parents for any criminal record or child abuse record, assess parenting skills, determine if finances are adequate to support a child, and, if appropriate, evaluate their awareness of inter-racial, cross-cultural, and special needs adoptions.
Because no such order is now required, in some cases, direct adoptions have taken place and neither the Department of Human Services nor a court were notified for two years. As a consequence, some birth mothers have effectively sought to regain custody of their children after a substantial period of time.
The measure will require the birth mother to sign an affidavit to permit the child to be placed with adoptive parents. Not sooner than 72 hours after the birth of a child and not later than 60 days after the child is placed, the birth parent must sign a consent form to "finalize" the adoption. Under the new law, a birth parent will have 10 working days to withdraw his or her consent to the direct adoption. The same 10-day requirement now exists in law for agency adoptions.
The birth mother is required to notify the birth father for consent purposes unless he cannot be found or if to search for him will result in "severe emotional distress" to her or the child.
The new law also will require a follow-up agency investigation to ensure that adoptive parents have adapted well to the child and that the child is healthy.
Other provisions in the new law will:
make it a gross misdemeanor to intentionally falsify
information on a birth certificate;
require any group applying for a license to place children
in adoptive homes to incorporate as a non-profit
corporation;
require an adoption agency to purchase a bond to cover
costs for the transfer and storage of adoption records, in
case the agency goes out of business; and
create an adoption advisory board comprised of birth
parents, adoptive parents, adopted adults, private adoption
agency employees, and human services officials to further
study adoption issues and report back to the Legislature by
Feb. 1, 1995.
The bill was sponsored in the House by Rep. Ann Rest (DFL-New Hope) and in the Senate by Sen. Pat Piper (DFL-Austin). (HF2337/SF2129*/CH631)
Under a bill that became part of the omnibus family law act, a grandchild will continue to live with a grandparent at least temporarily if the grandparent has assumed parenting duties for one year and if the child's parents cannot support the child, have neglected the child, or have made no contact in six months.
A procedure for an emergency child custody hearing is outlined in the new law.
If a parent tries to remove his or her child from a grandparent's house, the grandparent can get a provisional custody order from a judge. The order will be issued based on the criteria previously described and will allow the grandparent to maintain physical custody of the child for up to 14 days. A temporary custody hearing must be held during this time, and a family law judge will determine whether to grant temporary custody to a grandparent.
Additional hearings to determine custody will proceed under previously existing laws.
The new law provides that if permanent custody is given to a grandparent, the court will set conditions for the parent to meet in order to regain custody of the child.
Rep. Jean Wagenius (DFL-Mpls) and Sen. Jane Ranum (DFL-Mpls) sponsored the legislation (HF2821/SF2586) that eventually was added to the Family Law Act. (HF1792/SF1662*/CH630, Art. 12, Sec. 3)
The new Family Law Act (HF1792/SF1662*/CH630) also sets up a streamlined administrative hearing process to handle child support cases statewide.
The felony penalty will make it easier to locate delinquent mothers or fathers. The Federal Bureau of Investigation (FBI) will help locate someone on a felony warrant but won't search for those wanted for lesser offenses. (HF1792/SF1662*/CH630, Art. 11, Sec. 18)
Following notification at the beginning of a case, either parent can request a conference with a child support officer, effective Aug. 1, 1994.
Currently, in most Minnesota counties, child support matters come before a district court judge or a court referee. These hearings, in addition to being slow and costly, often are adversarial.
In the event that no child support agreement is reached, or in a case contested from the outset, counties will have the option of referring the case to an administrative law judge, or a district court judge or referee. (HF1792/SF1662*/CH630, Art. 10)
The state licenses many professions from doctors to barbers.
It is also hoped that the threat of publishing names will keep other parents from defaulting on their child support payments.
The language for this new program is in law, but an appropriation to buy newspaper advertising space was included in a separate bill vetoed by the governor. The Department of Human Services now is unclear how it will pay for the publishing.
The law also includes the Uniform Interstate Family Support Act, a measure that gives Minnesota courts jurisdiction in other states concerning child or spouse support cases, effective Jan. 1, 1995. This "long-arm jurisdiction" will convert what would be a two-state legal proceeding into a one-state lawsuit. (Arts. 1-9)
Rep. Linda Wejcman (DFL-Mpls) sponsored the bill in the House and Sen. Pat Piper (DFL-Austin) carried it in the Senate. (HF1792/SF1662*/CH630)
The new omnibus insurance law also states that an insurance company can't terminate a liability or property policy because false information was given on the application, unless that specific information would have caused the company to decline coverage in the first place.
Another provision of the new law requires insurance companies to let their customers move from health plans closed to new enrollment to those open to enrollment within the company. This mobility is meant to cure what is called the "death spiral" in the insurance business.
For instance, insurance companies put together a "package" health insurance plan to sell. As years go by, companies update the package and sell new ones. The old policy is no longer offered, except on a renewal basis, and insurers are not required to let people covered under an old policy sign up for a newer one. As people in the old packages age, the overall package becomes "sick"; those who are healthy can leave, while the sick ones cannot find coverage elsewhere. Rates rise because of the lack of health y policyholders to balance the package.
Beginning July 1, 1994, insurance companies were required to let people sign up with a new policy that provides similar coverage. But this applies only to people first insured on or after that date.
The insurance bill was sponsored in the House by Rep. Brad Stanius (IR-White Bear Lake) and in the Senate by Sen. William Luther (DFL-Brooklyn Park). (HF1094*/SF1134/CH485)
Effective Aug. 1, 1994, insurance companies must notify law enforcement officials when they find a fraudulent claim, or even if they only suspect fraud.
In addition, insurers are obligated to release all relevant information requested by law enforcement officials trying to investigate claims of fraud.
Under current practice, many insurance companies fear legal action if they release information to authorities or delay payment on a claim. The resulting lack of a "paper trail" makes it difficult for both authorities and insurance companies to track down fraudulent claims.
The new law shields both insurers and authorities from legal charges by granting them immunity for releasing information that is relevant to a fraud investigation.
The law also requires insurance companies to develop a plan to combat fraud and to put an "anti-fraud" warning on all claim forms by Jan. 1, 1995. The warning will tell a customer that falsifying a claim is a crime.
The measure was sponsored in the House by Rep. Tom Pugh (DFL-South St. Paul) and in the Senate by Sen. Phil Riveness (DFL-Bloomington). (HF1999*/SF1784/CH574)
Under a new law, all insurance policies renewed or issued on or after Aug. 1, 1994, are required to provide coverage for all items prescribed for patients with diabetes.
Currently, some insurance companies do not pay for syringes to inject insulin, blood sugar testing strips, and other items diabetics need to monitor their health on a daily basis. Some plans provide partial coverage. For instance, a plan will cover insulin, but not the syringes a diabetic needs to administer the drug.
The new law states that insurers must cover all "physician prescribed medically appropriate and necessary equipment and supplies" needed for treatment of diabetes.
Officials from the American Diabetes Association believe the law will guarantee coverage for basic items such as blood sugar testing strips, syringes, and insulin. However, coverage for some of the latest technology in diabetic treatment, such as a pump to use instead of a syringe for injecting insulin, is yet to be determined.
The insurance companies do not have to foot the entire bill to cover diabetic equipment; the coverage is subject to the same deductible or other co-payment provisions applicable to a insurance plan's specific hospital, medical equipment, or prescription benefits.
The new law also states an insurer can't reduce or cancel a policy because of the requirement to cover diabetic equipment.
Sen. Deanna Wiener (DFL-Eagan) sponsored the bill in the Senate and Rep. Tom Pugh (DFL-South St. Paul) carried it in the House. (HF2060/SF1898*/CH538)
The new law will prohibit health carriers from terminating, canceling, or refusing to renew a health plan solely because of what is called a fibrocystic condition.
According to House bill sponsor Rep. Carol Molnau (IR-Chaska), between 50 and 70 percent of all women are affected by a hereditary fibrocystic condition, which can cause nodules or cysts to form in women's breasts.
The American Cancer Society and other medical groups have stated there is no evidence of a link between the condition and cancer, Molnau said.
Although insurance companies cannot terminate a policy just because a woman develops breast cancer, some companies still claim the fibrocystic lumps as a pre-existing condition the woman hid from them. The companies consider that grounds for terminating the policy.
The new law will insure that a woman's health insurance is not changed solely because she has a fibrocystic condition. The measure, which was sponsored in the Senate by Sen. Terry Johnston (IR-Prior Lake), is effective Aug. 1, 1994, and applies to a plan issued or renewed on and after that date. (HF2530/SF1951*/CH442)
The law, which is effective Aug. 1, 1994, expands a current state law that keeps insurers from obtaining the results of HIV tests performed on sex offenders or on victims who had contact with a criminal's bodily fluids.
HIV is the virus that causes acquired immune deficiency syndrome (AIDS) and can be spread through contact with bodily fluids. Insurance companies use HIV test results to deny health coverage or cancel a policy, said Rep. David Bishop (IR-Rochester), who sponsored the measure in the House. Sen. Ember Reichgott Junge (DFL-New Hope) sponsored the Senate version.
The law defines emergency medical providers as firefighters, paramedics, nurses, and other trained professionals, as well as "other persons who administer emergency care" such as good Samaritans. (HF2379/SF1794*/CH475)
The law is in response to the more rigorous enforcement of state feedlot pollution regulations that are designed to prevent animal waste from polluting rivers. Feedlots are confined areas where grass doesn't grow and groups of animals are kept.
Although the feedlot regulations have been on the books for some time, they haven't been enforced rigorously until recently. Consequently, farmers have become more concerned about whether damage caused by pollution is covered by their insurance.
The new law requires the Department of Commerce to select an advisory committee composed of representatives from both the farming and insurance industries to conduct the study.
The committee will:
identify existing farm liability policies in Minnesota and
the extent of pollution liability coverage;
determine the range of farm pollution liability insurance
beyond the basic farm liability policy as well as the limits
and costs of the coverage;
analyze current insurance industry practices, including
how companies compute pollution liability risk;
assess whether pollution coverage should be mandated in
farm liability insurance;
consider whether to publish a farm liability coverage
market guide; and
make recommendations for new legislation or rules
regarding pollution liability insurance to "strengthen both
the farming community and the insurance industry."
The commerce commissioner is to report the study's findings and recommendations to the Legislature by Jan. 1, 1995.
The law was sponsored by Rep. Alice Johnson (DFL-Spring Lake Park) and Sen. William Luther (DFL-Brooklyn Park). (HF2954/SF2255*/CH476)
Since 1985, people 55 and older by law have received a 10 percent break on their car insurance rates if they complete an eight-hour accident prevention course.
Under the new law, seniors who have already taken the eight-hour course could renew their eligibility by taking a "refresher" course that would last no more than four hours.
In addition, seniors would remain eligible for the discount if they take either the eight-hour course or the shorter "refresher" course just once every three years.
The new law directs the Department of Public Safety to establish the criteria for a "refresher" course and to approve organizations that wish to conduct the course. The department currently conducts eight-hour courses, as do a number of private organizations such as the American Association of Retired Persons.
Rep. Don Ostrom (DFL-St. Peter) sponsored the legislation in the House and Sen. Sandy Pappas (DFL-St. Paul) carried the legislation in the Senate. (HF2115/SF2303*/CH547)
The law was sponsored in the House by Rep. Mary Jo McGuire (DFL-Falcon Heights) and in the Senate by Sen. Harold "Skip" Finn (DFL-Cass Lake).
Other changes in the new law will:
make available to the public the blood-alcohol level of
persons involved in traffic accidents;
make available to the Department of Health the medical
data on stillborn infants, mothers who died during pregnancy
or while giving birth, and infants who died before reaching
age 2. The department, with some restrictions, can access
these records without permission of family members or
guardians as long as the data are used in legitimate medical
studies relating to pregnancy and childbirth;
allow law enforcement agencies, without first obtaining a
juvenile court order, to provide information on young
delinquents to school officials if the information would
promote school safety;
require an individual's permission before his or her 911
call can be broadcast on radio or TV. News organizations can
still obtain and make public a transcription of a call to
911, but only if the transcript doesn't reveal the caller's
identity. The audio recordings are still available for law
enforcement or fire department investigations and 911
dispatcher training purposes;
require video stores to obtain a customer's written
permission before disclosing any personal information about
the customer. Video rental outlets cannot disclose what
video titles a person rented. Such information will be
available only to law enforcement authorities presenting a
court-issued warrant, or to grand juries or courts upon
presentation of a subpoena; and
put some teeth in to the state's open meeting law by
raising the fine to $300 up from $100 on an individual
who violates the law. A person who pursues an intentional
violator of the law also could recoup attorney's fees up to
$13,000. (HF2028*/SF2079/CH618)
After Aug. 1, 1994, a husband and wife who each have more than $1.2 million worth of cash and property can draw up a "fair and equitable" postnuptial contract, under a new law.
The law specifies that each spouse must be represented by separate legal counsel. A settlement cannot deal with child support or custody issues. And the postnuptial contract is not valid if either spouse petitions for a separation or divorce within two years after signing a postnuptial contract.
A prenuptial or "antenuptial" contract could be amended or revoked with a valid postnuptial contract.
The idea for the bill came from a prospective University of Minnesota donor who wants to donate a large sum of money. He wants to make sure he and his wife's assets are clearly defined so that in the case of a death, his wife couldn't contest his will.
University of Minnesota regent and former governor Wendell Anderson testified before the House Judiciary Committee on behalf of the postnuptial contract bill. The measure will facilitate gift-giving to the university by wealthy donors, said Anderson.
Rep. Dave Bishop (IR-Rochester) sponsored the bill in the House. Sen. Richard Cohen (DFL-St. Paul) sponsored the companion bill. (HF1788*/SF1997/CH545)
House sponsor Rep. Carlos Mariani (DFL-St. Paul) said that the new law "will put a major hurt on those who would sexually exploit vulnerable young people."
A person who coerces a man, woman, boy, or girl into prostitution now can be sued effective Aug. 1, 1994, for a variety of damages such as loss of future earning capacity, mental and emotional harm, and pain and suffering.
The person sued also will have fewer defenses at his or her disposal under the new law. For instance, someone sued cannot use a defense such as the plaintiff did not try to flee or the plaintiff worked in a place that had signs posted prohibiting prostitution. Any civil action, however, must be brought within six years of the alleged coercion.
The new law lists 23 examples of "coercion," ranging from physical torture to "exploiting needs for food, shelter . . . or intimate or marital relationships."
A provision in the new law, adopted from the Senate's bill, will make it easier to hold an adult liable when a minor is involved. This section does not require the victim to show he or she was "coerced" into prostitution; simply hiring a minor to engage in prostitution could make a person liable for damages.
Sen. Ember Reichgott Junge (DFL-New Hope) sponsored the bill in the Senate. (HF2519*/SF2112/CH624)
After Aug. 1, 1994, law enforcement officers from North Dakota, South Dakota, Iowa, or Wisconsin can enter this state, in direct response to a request from a Minnesota peace officer, and act with the full authority granted to law enforcement personnel in this state. The officer must obey the direction of the Minnesota law enforcement officer while in this state, however.
The out-of-state police officer, sheriff's deputy, or conservation officer will be required to follow the rules of his or her own agency while in Minnesota. After making the arrest, the officer must promptly surrender custody of the arrested individual to a Minnesota peace officer.
The law stems from a Nov. 14, 1992, incident which began when a concerned citizen from Revillo, S. D., called the Lac qui Parle County sheriff's department in Minnesota about a group driving pickups through fields and "shining" deer using a spotlight to freeze deer and then shoot them.
The sheriff dispatched some deputies and a town officer. A South Dakota state trooper and a South Dakota deputy, along with conservation officers from Minnesota and South Dakota, responded to the call.
A Minnesota conservation officer, who was following the three pickups, radioed ahead to a South Dakota trooper who was in a better position. The trooper then apprehended the suspects one mile into Minnesota.
Although a Lac qui Parle County sheriff's deputy arrived at the scene within two minutes of the initial stop, a Minnesota judge later ruled that the South Dakota trooper did not have authority to make a legal stop and dismissed the case against the six defendants.
Rep. Doug Peterson (DFL-Madison) was the House sponsor of the bill and Sen. Randy Kelly (DFL-St. Paul) sponsored the Senate companion. (HF1966*/SF1855/CH441)
The provisions are contained in the new omnibus game and fish law.
Fear of lawsuits has limited the number of property owners willing to open their land to snowmobile trails. Landowners, however, who "willfully" take action to injure someone still can be held liable.
Similar liability provisions in the law will shield livestock shows from lawsuits. Also covered are physicians and trainers volunteering with amateur athletic events.
Although other situations are cited by the law, these are already in law and relocated in this section.
The game and fish bill was sponsored in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Bob Lessard (DFL-Int'l Falls). (HF2825/SF2429*/CH623)
A new law, effective Aug. 1, 1994, applies one civil penalty to several laws dealing with litter so that all violators will face the same consequences.
The law says anyone caught littering can be ordered to pay anywhere from two to five times the amount it costs to clean up and dispose of the litter.
Although the uniform civil penalty is already in law, (it became a part of the state's Waste Management Act in 1989), judges have continued to punish violators under several different litter laws because they are unaware of the uniform standard.
To avoid confusion in the future, the new law provides cross references in each littering statute, directing the reader to the uniform civil littering penalty contained in the Waste Management Act, and eliminates conflicting penalties.
Many litter laws call for similar disciplinary measures, but the new law aims to make it more clear to those state agencies and judges who enforce litter laws that there is a uniform penalty.
In the past, there was only a criminal misdemeanor penalty for littering. The civil penalty was added in 1979, recognizing that "the criminal law is not always adequate in dealing with the problem."
The new law does not change the criminal misdemeanor penalty for littering.
Rep. Kathleen Sekhon (DFL-Burns Township) sponsored the House bill and Sen. Deanna Wiener (DFL-Eagan) sponsored the Senate companion. (HF1186*/SF1489/CH412)
The resolution has no force of law but functions as a "show of support and show of strength" for Congressional action, according to Lyle Foltz, assistant adjutant of the Minnesota American Legion.
Foltz said that Congress must still pass a proposed constitutional amendment, which requires a two-thirds majority in both the U.S. House and the U.S. Senate. If that occurs, the proposed amendment would then have to be ratified by at least 38 states.
Foltz said Minnesota is the 43rd state to pass a resolution stating support for the ban on flag burning.
Recent U.S. Supreme Court rulings have held that burning the flag is protected under the First Amendment.
The Minnesota Secretary of State's Office is instructed to send copies of the resolution to the "President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and Minnesota's Senators and Representatives in Congress."
The resolution was sponsored in the House by Rep. Brian Bergson (DFL-Osseo) and in the Senate by Sen. Jim Vickerman (DFL-Tracy). (HF1880*/SF1700/R5)
Under current law, only a county attorney or the state attorney general can bring legal action to prevent someone from damaging, or continuing to damage, burial grounds.
The new law, sponsored by Rep. Chuck Brown (DFL-Appleton) and Sen. Skip Finn (DFL-Cass Lake), allows private citizens to bring a legal action seeking a temporary or permanent injunction that would bar the disturbance of burial grounds. Private citizens also could sue for damages.
Furthermore, the new law, effective Aug. 1, 1994, will raise from one to two years the time allowed to file the suit after the alleged violation is discovered and reported to the state archaeologist or the Indian Affairs Council.
Brown earlier said he sponsored the bill because county attorneys and the state attorney general "haven't been willing or able to pursue all cases. This [bill] allows for private enforcement." (HF2677/SF2422*/CH469)
The new law directs the Department of Public Safety to determine the exact design and material for the tag.
Previous law only required the owner of a dangerous dog to place a sign in his or her yard warning passersby of the animal. The signs are bright yellow and depict an attacking dog with a human hand held out to protect against the animal.
A dangerous dog is defined as one that does any of the following: inflicts substantial bodily harm on a human without provocation; kills a domestic animal without provocation while off the owner's property; or is otherwise found to have been potentially dangerous.
Rep. Lyndon Carlson (DFL-Crystal) sponsored the bill in the House and Sen. Ember Reichgott Junge (DFL-New Hope) carried the legislation in the Senate. (HF2362*/SF2189/CH550)
The law specifies that individuals must be notified by certified mail or through a court summons that their pet should be claimed. An alternative to this procedure is to publish a notice in the animal owner's local newspaper.
If there's no response to a letter or notice within 10 days after its receipt or publication, the veterinary or animal boarding facility can dispose of the animal without any legal liability.
The bill was sponsored in the House by Rep. Tom Osthoff (DFL-St. Paul) and in the Senate by Sen. William Belanger (IR-Bloomington). The law is effective Aug. 1, 1994. (HF2435*/SF2607/CH401)
A new law, effective Aug. 1, 1994, will allow a non-profit organization, under the supervision of the Minnesota Supreme Court, to provide legal help at a reduced fee to low-income individuals.
The organization must submit its fee structure, including hourly rates, to a court administrator at least once each year for approval.
The Minnesota State Bar Association (MSBA) implemented a program in 1993 where lawyers in need of work would be able to charge a reduced rate about $35 to $40 per hour to clients who do not qualify for federally subsidized legal assistance, but cannot afford the going rate charged by attorneys.
Some attorneys suggested that the MSBA program might be in violation of state antitrust laws, because regulating attorney fees could be construed as price-fixing. An opinion from the state Office of the Attorney General confirmed that idea.
Since the state's antitrust laws do not apply to state departments and agencies, the bar group received permission to enlist the Minnesota Supreme Court as an overseeing governmental body for the legal aid program. The Supreme Court will have minimal involvement in approving attorney fee schedules.
The law was sponsored by Rep. Dave Bishop (IR-Rochester) and Sen. Ember Reichgott Junge (DFL-New Hope). (HF2979/SF1766*/CH568)
The law was sponsored in the House by Rep. Mary Jo McGuire (DFL-Falcon Heights) and in the Senate by Sen. Harold "Skip" Finn (DFL-Cass Lake).
Other changes in the new law will:
make available to the public the blood-alcohol level of
persons involved in traffic accidents;
make available to the Department of Health the medical
data on stillborn infants, mothers who died during pregnancy
or while giving birth, and infants who died before reaching
age 2. The department, with some restrictions, can access
these records without permission of family members or
guardians as long as the data are used in legitimate medical
studies relating to pregnancy and childbirth;
allow law enforcement agencies, without first obtaining a
juvenile court order, to provide information on young
delinquents to school officials if the information would
promote school safety;
require an individual's permission before his or her 911
call can be broadcast on radio or TV. News organizations can
still obtain and make public a transcription of a call to
911, but only if the transcript doesn't reveal the caller's
identity. The audio recordings are still available for law
enforcement or fire department investigations and 911
dispatcher training purposes;
require video stores to obtain a customer's written
permission before disclosing any personal information about
the customer. Video rental outlets cannot disclose what
video titles a person rented. Such information will be
available only to law enforcement authorities presenting a
court-issued warrant, or to grand juries or courts upon
presentation of a subpoena; and
put some teeth in to the state's open meeting law by
raising the fine to $300 up from $100 on an individual
who violates the law. A person who pursues an intentional
violator of the law also could recoup attorney's fees up to
$13,000. (HF2028*/SF2079/CH618)
After Aug. 1, 1994, a husband and wife who each have more than $1.2 million worth of cash and property can draw up a "fair and equitable" postnuptial contract, under a new law.
The law specifies that each spouse must be represented by separate legal counsel. A settlement cannot deal with child support or custody issues. And the postnuptial contract is not valid if either spouse petitions for a separation or divorce within two years after signing a postnuptial contract.
A prenuptial or "antenuptial" contract could be amended or revoked with a valid postnuptial contract.
The idea for the bill came from a prospective University of Minnesota donor who wants to donate a large sum of money. He wants to make sure he and his wife's assets are clearly defined so that in the case of a death, his wife couldn't contest his will.
University of Minnesota regent and former governor Wendell Anderson testified before the House Judiciary Committee on behalf of the postnuptial contract bill. The measure will facilitate gift-giving to the university by wealthy donors, said Anderson.
Rep. Dave Bishop (IR-Rochester) sponsored the bill in the House. Sen. Richard Cohen (DFL-St. Paul) sponsored the companion bill. (HF1788*/SF1997/CH545)
House sponsor Rep. Carlos Mariani (DFL-St. Paul) said that the new law "will put a major hurt on those who would sexually exploit vulnerable young people."
A person who coerces a man, woman, boy, or girl into prostitution now can be sued effective Aug. 1, 1994, for a variety of damages such as loss of future earning capacity, mental and emotional harm, and pain and suffering.
The person sued also will have fewer defenses at his or her disposal under the new law. For instance, someone sued cannot use a defense such as the plaintiff did not try to flee or the plaintiff worked in a place that had signs posted prohibiting prostitution. Any civil action, however, must be brought within six years of the alleged coercion.
The new law lists 23 examples of "coercion," ranging from physical torture to "exploiting needs for food, shelter . . . or intimate or marital relationships."
A provision in the new law, adopted from the Senate's bill, will make it easier to hold an adult liable when a minor is involved. This section does not require the victim to show he or she was "coerced" into prostitution; simply hiring a minor to engage in prostitution could make a person liable for damages.
Sen. Ember Reichgott Junge (DFL-New Hope) sponsored the bill in the Senate. (HF2519*/SF2112/CH624)
After Aug. 1, 1994, law enforcement officers from North Dakota, South Dakota, Iowa, or Wisconsin can enter this state, in direct response to a request from a Minnesota peace officer, and act with the full authority granted to law enforcement personnel in this state. The officer must obey the direction of the Minnesota law enforcement officer while in this state, however.
The out-of-state police officer, sheriff's deputy, or conservation officer will be required to follow the rules of his or her own agency while in Minnesota. After making the arrest, the officer must promptly surrender custody of the arrested individual to a Minnesota peace officer.
The law stems from a Nov. 14, 1992, incident which began when a concerned citizen from Revillo, S. D., called the Lac qui Parle County sheriff's department in Minnesota about a group driving pickups through fields and "shining" deer using a spotlight to freeze deer and then shoot them.
The sheriff dispatched some deputies and a town officer. A South Dakota state trooper and a South Dakota deputy, along with conservation officers from Minnesota and South Dakota, responded to the call.
A Minnesota conservation officer, who was following the three pickups, radioed ahead to a South Dakota trooper who was in a better position. The trooper then apprehended the suspects one mile into Minnesota.
Although a Lac qui Parle County sheriff's deputy arrived at the scene within two minutes of the initial stop, a Minnesota judge later ruled that the South Dakota trooper did not have authority to make a legal stop and dismissed the case against the six defendants.
Rep. Doug Peterson (DFL-Madison) was the House sponsor of the bill and Sen. Randy Kelly (DFL-St. Paul) sponsored the Senate companion. (HF1966*/SF1855/CH441)
The provisions are contained in the new omnibus game and fish law.
Fear of lawsuits has limited the number of property owners willing to open their land to snowmobile trails. Landowners, however, who "willfully" take action to injure someone still can be held liable.
Similar liability provisions in the law will shield livestock shows from lawsuits. Also covered are physicians and trainers volunteering with amateur athletic events.
Although other situations are cited by the law, these are already in law and relocated in this section.
The game and fish bill was sponsored in the House by Rep. Bob Milbert (DFL-South St. Paul) and in the Senate by Sen. Bob Lessard (DFL-Int'l Falls). (HF2825/SF2429*/CH623)
A new law, effective Aug. 1, 1994, applies one civil penalty to several laws dealing with litter so that all violators will face the same consequences.
The law says anyone caught littering can be ordered to pay anywhere from two to five times the amount it costs to clean up and dispose of the litter.
Although the uniform civil penalty is already in law, (it became a part of the state's Waste Management Act in 1989), judges have continued to punish violators under several different litter laws because they are unaware of the uniform standard.
To avoid confusion in the future, the new law provides cross references in each littering statute, directing the reader to the uniform civil littering penalty contained in the Waste Management Act, and eliminates conflicting penalties.
Many litter laws call for similar disciplinary measures, but the new law aims to make it more clear to those state agencies and judges who enforce litter laws that there is a uniform penalty.
In the past, there was only a criminal misdemeanor penalty for littering. The civil penalty was added in 1979, recognizing that "the criminal law is not always adequate in dealing with the problem."
The new law does not change the criminal misdemeanor penalty for littering.
Rep. Kathleen Sekhon (DFL-Burns Township) sponsored the House bill and Sen. Deanna Wiener (DFL-Eagan) sponsored the Senate companion. (HF1186*/SF1489/CH412)
The resolution has no force of law but functions as a "show of support and show of strength" for Congressional action, according to Lyle Foltz, assistant adjutant of the Minnesota American Legion.
Foltz said that Congress must still pass a proposed constitutional amendment, which requires a two-thirds majority in both the U.S. House and the U.S. Senate. If that occurs, the proposed amendment would then have to be ratified by at least 38 states.
Foltz said Minnesota is the 43rd state to pass a resolution stating support for the ban on flag burning.
Recent U.S. Supreme Court rulings have held that burning the flag is protected under the First Amendment.
The Minnesota Secretary of State's Office is instructed to send copies of the resolution to the "President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, and Minnesota's Senators and Representatives in Congress."
The resolution was sponsored in the House by Rep. Brian Bergson (DFL-Osseo) and in the Senate by Sen. Jim Vickerman (DFL-Tracy). (HF1880*/SF1700/R5)
Under current law, only a county attorney or the state attorney general can bring legal action to prevent someone from damaging, or continuing to damage, burial grounds.
The new law, sponsored by Rep. Chuck Brown (DFL-Appleton) and Sen. Skip Finn (DFL-Cass Lake), allows private citizens to bring a legal action seeking a temporary or permanent injunction that would bar the disturbance of burial grounds. Private citizens also could sue for damages.
Furthermore, the new law, effective Aug. 1, 1994, will raise from one to two years the time allowed to file the suit after the alleged violation is discovered and reported to the state archaeologist or the Indian Affairs Council.
Brown earlier said he sponsored the bill because county attorneys and the state attorney general "haven't been willing or able to pursue all cases. This [bill] allows for private enforcement." (HF2677/SF2422*/CH469)
The new law directs the Department of Public Safety to determine the exact design and material for the tag.
Previous law only required the owner of a dangerous dog to place a sign in his or her yard warning passersby of the animal. The signs are bright yellow and depict an attacking dog with a human hand held out to protect against the animal.
A dangerous dog is defined as one that does any of the following: inflicts substantial bodily harm on a human without provocation; kills a domestic animal without provocation while off the owner's property; or is otherwise found to have been potentially dangerous.
Rep. Lyndon Carlson (DFL-Crystal) sponsored the bill in the House and Sen. Ember Reichgott Junge (DFL-New Hope) carried the legislation in the Senate. (HF2362*/SF2189/CH550)
The law specifies that individuals must be notified by certified mail or through a court summons that their pet should be claimed. An alternative to this procedure is to publish a notice in the animal owner's local newspaper.
If there's no response to a letter or notice within 10 days after its receipt or publication, the veterinary or animal boarding facility can dispose of the animal without any legal liability.
The bill was sponsored in the House by Rep. Tom Osthoff (DFL-St. Paul) and in the Senate by Sen. William Belanger (IR-Bloomington). The law is effective Aug. 1, 1994. (HF2435*/SF2607/CH401)
A new law, effective Aug. 1, 1994, will allow a non-profit organization, under the supervision of the Minnesota Supreme Court, to provide legal help at a reduced fee to low-income individuals.
The organization must submit its fee structure, including hourly rates, to a court administrator at least once each year for approval.
The Minnesota State Bar Association (MSBA) implemented a program in 1993 where lawyers in need of work would be able to charge a reduced rate about $35 to $40 per hour to clients who do not qualify for federally subsidized legal assistance, but cannot afford the going rate charged by attorneys.
Some attorneys suggested that the MSBA program might be in violation of state antitrust laws, because regulating attorney fees could be construed as price-fixing. An opinion from the state Office of the Attorney General confirmed that idea.
Since the state's antitrust laws do not apply to state departments and agencies, the bar group received permission to enlist the Minnesota Supreme Court as an overseeing governmental body for the legal aid program. The Supreme Court will have minimal involvement in approving attorney fee schedules.
The law was sponsored by Rep. Dave Bishop (IR-Rochester) and Sen. Ember Reichgott Junge (DFL-New Hope). (HF2979/SF1766*/CH568)
The 200-foot section accidentally was left out of the 1992 deed that gave the transportation department ownership of the bridge. The curved bridge spans the Mississippi River between Portland Avenue South and Main Street Southeast.
Currently, the department is working on a $2.8 million rehabilitation of the 111-year-old bridge, which will include a new bike and pedestrian trail. It is expected to be done by November 1994. Federal money is primarily paying for the new construction; no state funds will be used.
The Minneapolis Park and Recreation Board owns the 200-foot section of the bridge and as soon as the board approves, it will transfer the bridge section's title to the Department of Transportation.
Rep. Phyllis Kahn (DFL-Mpls) sponsored the bill in the House and Sen. Lawrence Pogemiller (DFL-Mpls) carried it in the Senate. (HF2953/SF2598*/CH431)
The law places some restrictions on a 1992 law that made it easier for cities to take over land and expand their borders and tax bases.
Under the 1992 law, cities can annex land adjacent to its borders up to 60 acres without the approval of the jurisdiction the land sits in, usually an unincorporated township. The method is called "annexation by ordinance." They also can annex land with no acreage requirement if the property is surrounded by land owned by the city.
Under the new law, however, cities will pay a price for taking over property. In exchange for the annexation, effective Aug. 1, 1994, the city must agree to continue to temporarily pay the property taxes on the annexed land to the township. The township will receive a portion of the tax revenue over five years. The amount the town receives will begin at 90 percent the first year and end at 10 percent the fifth year.
The new law also places some restrictions on the land a city can annex by ordinance.
Cities can still annex up to 60 acres without the township's approval, but only if the land isn't already served by municipal sewer lines. That provision goes into effect Aug. 1, 1995.
Another part of the new law says cities can annex land without township approval if the land is slated to be subdivided into residential lots of 21,780 square feet or less. The land must be within two miles of the city limits. This part of the law also becomes effective Aug. 1, 1995.
Other changes to the annexation law that take effect
Aug. 1, 1994, include:
a requirement that before a city can annex property by
ordinance, it must hold a public hearing and give 30 days
written notice to the township losing the land and to the
property owners affected by the move; and
a requirement that property owners who petition for
annexation give 60 days notice to the city to which they
want to belong. Property owners usually request annexation
to obtain municipal water and sewer services, police, and
fire protection, as well as other city services. They often
live in areas that require private water wells and septic
systems.
The bill was sponsored in the House by Rep. Chuck Brown (DFL-Appleton) and in the Senate by Sen. Jim Vickerman (DFL-Tracy). (HF228*/SF138/CH511)
A new law allows Anoka County to conduct a sealed bid sale to get rid of tax-forfeited property. Under current law, a county must hold a public auction to sell tax-forfeited land.
Tax-forfeited land could be commercial, residential, agricultural, or any other kind of property whose owner did not pay taxes on it. When the taxes are overdue, the title of the property is entrusted to the state until the county sells the land to replace the unpaid taxes.
Anoka county officials asked for the legislation because they said few people attend the public auctions, and they wanted to try another method of selling the land. They said they may be able to attract more potential buyers through a sealed bid process.
In a sealed bid process, interested buyers can mail in their bid for the land and do not have to be present on a particular day. Notice of the sale and deadline for accepting bids will appear in local papers, as do notices for public auctions.
The new law also stipulates that the county must sell the land to the highest bidder, and it cannot be sold for less than its appraised value.
Property reverts to the state when non-homesteaded property taxes are four years overdue. For homesteaded property, taxes must be six years overdue before the state claims the title.
The law allows only Anoka County to use the sealed bid process to sell tax-forfeited land. Lawmakers said they wanted to see how the method worked before authorizing all the state's counties to try it.
Current law does not state that counties absolutely must sell tax-forfeited land through public auctions, but the Anoka County Attorney's Office said the law is vague and advised county officials to request the new legislation to conduct a sealed bid sale.
The sealed bid land sales can begin as soon as approved by the Anoka County Board of Commissioners.
The bill was sponsored in the House by Rep. Wayne Simoneau (DFL-Fridley) and in the Senate by Sen. Don Betzold (DFL-Fridley). (HF2330*/SF1929/CH413)
Prior to the law change, towns and cities regardless of size had to have an annual audit done by the state auditor or a public accountant.
The town board or city council must still ask the state auditor or a public accountant to do the audit every five years.
The bill was sponsored in the Senate by Sen. Dean Johnson (IR-Willmar) and in the House by Rep. Roger Cooper (DFL-Bird Island). It is effective Aug. 1, 1994. (HF2066/SF1712*/CH546)
A deputy coroner isn't required to have any training.
A new law passed this legislative session hopes to help make it easier for counties to find a coroner. It became effective April 16, 1994.
Coroners determine whether a death was natural or suspicious, sign death certificates, make a positive identification on bodies, and notify families.
Medical examiners a modern offshoot of coroners perform basically the same duties, but medical examiners must be licensed physicians.
Head coroners are required to complete courses in pharmacology, surgery, pathology, toxicology, and physiology. If they also perform autopsies, both medical examiners and coroners must have a forensic pathology license.
The new law follows a request from Dodge County officials for an exemption so they can appoint their deputy coroner as head coroner. The deputy has filled in for the coroner for the past two years while the spot has been vacant. The deputy, however, doesn't meet the educational requirements of a head coroner.
All questionable deaths in Dodge County are sent to either the Mayo Clinic or the Ramsey County Medical Examiner's Office for further investigation.
Rep. Steve Sviggum (IR-Kenyon) sponsored the bill in the House and Sen. Dick Day (IR-Owatonna) carried it in the Senate. (HF2866/SF2672*/CH445)
But for several weeks following the vote, it was questionable whether the law would ever go into effect.
About two weeks after the buyout law's enactment, the owners of the Timberwolves announced they had sold the team to a group in New Orleans.
But a last-minute Minnesota deal combining public bond sales and private dollars, appears to have convinced the National Basketball Association's relocation committee to void the New Orleans offer and keep the Timberwolves in Minnesota.
The Timberwolves will remain in Minnesota for next season. But what happens after that remains an open question. The NBA's decision to void the New Orleans' offer gives Minnesota government and business leaders a second chance to officially purchase the team. If not, others could buy the team and move it to another state.
The Target Center buyout law that survived hours of legislative debate authorizes the Metropolitan Council to issue $42 million in revenue bonds so the Metropolitan Sports Facilities Commission can purchase the downtown Minneapolis sports arena, home of the Timberwolves basketball team.
A 10 percent ticket admissions tax and a minimum $1 ticket surcharge on Target Center events would help pay off the bonds.
Also, the state would contribute $750,000 annually over 15 years to help pay them off. The money would be drawn from the accounts of the state's Amateur Sports Commission. In return, the commission can use the Target Center on 50 event days each year. When bonds issued to build the Metrodome are paid off in 2009, the law releases the Amateur Sports Commission from its agreement and allows it to pay a per-event fee each time it uses the Target Center.
In addition, the new law calls for a Minneapolis tax on downtown restaurants, bars, and hotels to kick in if the ticket surcharge, admission taxes, and rental fees (including the state's annual $750,000 payments) aren't enough to pay off the bonds. The new law doesn't specify or limit the level of the new sales tax, but it could reach 3 percent.
Should that tax kick in, 0.25 percent would be added to the base tax. That money would be used to fund Minneapolis youth recreation programs.
An amendment pushed by Rep. Bob Milbert (DFL-South St. Paul) would have tied the Target Center buyout to the construction of 12 new indoor ice arenas for youth sports across the state. The amendment, however, never made it into the final version signed by the governor. Milbert proposed raising Target Center ticket prices by $1.50 rather than $1 and using the extra 50 cents to build the rinks.
The Target Center buyout became a legislative issue after the arena's two owners, Harvey Ratner and Marv Wolfenson, said they could no longer pay the debt on the sports arena, which they built for $104 million. Rep. Richard Jefferson (DFL-Mpls) said that a state buyout would ensure that the Timberwolves stay in town.
The new law specifies the arena will be purchased if future Timberwolves owners agree to keep the team in Minnesota at least 30 years. Also, the law mandates that the sports commission try to move a professional hockey team to the Twin Cities. (HF3041*/SF2725/CH648)
The provision, proposed by Rep. Phyllis Kahn (DFL-Mpls), is intended to make sure males share ice time equally with females.
The new 1994-1995 supplemental budget law says all public indoor ice arenas must give female teams "up to 15 percent" of the prime ice time during the upcoming winter season, "up to 30 percent" during the 1995 season and "up to 50 percent" by the 1996 season.
The provision, effective July 1, 1994, is part of the state government finance portion of the 1994 supplemental budget law.
The new law also says if a public arena provides more ice time to one gender than the other, it can't turn down a request for prime ice time from the underrepresented group.
Prime time is defined in the bill as 4 p.m. to 10 p.m. Monday through Friday, and 9 a.m. to 8 p.m. during the weekend.
Sen. Gene Merriam (DFL-Coon Rapids) sponsored the supplemental budget bill in the Senate. Rep. Loren Solberg (DFL-Bovey) sponsored it in the House. (HF3215/SF2913*/CH632, Art. 3, Sec. 23)
But some upper-income senior citizens will see a tax increase. And writing off those golf course memberships and some other quasi-business expenses will be eliminated entirely or sharply curtailed.
In all, the new law allocates about $110 million for property tax relief.
Millions are set aside for Minnesota cities to hold down the cost of local property taxes. The Local Government Trust Fund, which collects some sales tax revenue and transfers it to cities, is short about $30 million. The legislation makes up the difference in fiscal year 1995 and expects to make up another roughly $30 million shortfall in fiscal year 1997.
Another $20 million pays a portion of the property taxes Minnesota school districts would otherwise collect from taxpayers in 1995.
And another $21 million helps pump up property tax relief programs such as renters' credit, the targeting refund, and the circuit breaker program in the 1996-1997 two-year budgeting period. Those programs offer tax refunds to property owners and renters based on their income and tax burden.
Additional money for the targeting refund program $6.2 million was signed into law by the governor under a separate bill. Because so many people have seen a property tax increase, this separate new law pumps up the amount of money available for refunds so more people can collect this year.
The 1994 omnibus tax law, sponsored by Rep. Ann Rest (DFL-New Hope), also sets aside an additional $3 million for the targeting refund program for fiscal year 1996.
Below are some of the highlights of the new law (HF3209*/SFnone/CH587):
Currently, Minnesota offers parents who work a tax credit to help with professional child care costs. The omnibus tax bill takes into account the value of a mother or father staying home to care for their infant, working split shifts so one can always be home with the child, or using a relative or other non-professional care. The law offers a tax credit of up to $720 a year to married couples raising a child up to 1 year old who do not claim the credit for professional child care costs. It becomes effective beginning with the 1994 tax year.
Only couples earning a household income of less than $29,560 would be eligible. A couple with an income of $15,560 would get the full $720 credit.
The measure is expected to cost about $3.7 million a year.
Proponents say the current tax structure and cost of consumer goods has forced families to seek two incomes instead of staying home to raise their children. (HF3209*/SFnone/CH587, Art. 1, Sec. 13)
Next year, single seniors with income of about $65,000 and married seniors with income of about $80,000 will pay more in taxes. In 1997, married seniors with income of about $44,000 annually, and single seniors with income of about $34,000, will be affected by the new law. They represent about 60,000 households, or the top 12 percent of Minnesota seniors.
Eighty-five percent of their Social Security benefits will be subject to Minnesota's income tax, just as is the case now for filing federal income tax returns. (Art. 1, Sec. 6)
Although some senior citizens will pay more taxes under the new tax changes, some will pay less.
The law also expands the "income tax subtraction" for some seniors and disabled people beginning with the 1994 tax year. It will result in lower income taxes for low- to middle-income seniors and disabled people than existed in previous law.
The purpose of the subtraction is to equalize income taxes regardless of the source of income for seniors and disabled people. Seniors who retire on income other than Social Security or exempt interest currently benefit under this law. (HF3209*/SF none/CH587, Art. 1, Sec. 16)
Last year, as Congress worked to reduce the deficit, many federal income tax deductions were reduced or eliminated. Lawmakers hope that conforming to the federal income tax standards, beginning with the 1994 tax year, will simplify the filing of Minnesota tax returns. (HF3209*/SF none/CH587, Art. 1, Sec. 6)
Municipalities will still receive their state aid based on current formulas in law, but money will no longer be set aside especially for local governments. Cities and towns will receive a 2 percent increase in their state aid for 1995. During subsequent years, aid increases will be tied to inflation. (HF3209*/SFnone/CH587, Art. 3, Sec. 20)
The provision establishes a one-year pilot project in St. Paul for property taxes payable in 1995. Qualifying single-family and duplex rental housing will receive a local property tax credit.
To participate, a landlord must pay a fee to hire a housing evaluator to inspect the rental unit or units, repair the property based on the evaluator's findings, have the property re-inspected after repairs, and gain approval from city officials. Any life and safety hazards identified in the inspection must be repaired even if the landlord withdraws from the program.
The Legislature appropriated $1 million for this program for fiscal year 1996. The city must limit the number of qualifying properties so that the tax breaks do not exceed $1 million. The law requires the city to report back to the 1995 Legislature on the program's guidelines, housing costs, rent, and participation rate. The Legislature then can decide whether to continue the program.
The law is intended to help landlords reinvest in their properties, the result being more safe, affordable housing for renters and improved St. Paul neighborhoods.
The St. Paul City Council also will have to approve the program before it takes effect. (HF3209*/SFnone/CH587, Art. 5, Sec. 27)
Under this provision, businesses should see savings quickly. The provision will begin July 1, 1994, and save manufacturers an estimated $14.6 million the first year.
The provision intends to keep Minnesota manufacturers competitive in the U.S. and around the world. It is designed so manufacturers will take the sales tax savings and reinvest in jobs and new products and services. The partial sales tax exemption will be eliminated in 2001 if state manufacturing employment does not increase by at least 4,500 jobs. (HF3209*/SFnone/CH587, Art. 2, Sec. 4, Subd. 5)
Many horse purchases (except race horses) also will be exempt from the sales tax, saving horse buyers an estimated $200,000 a year. (Art. 2, Sec. 12) This section is effective for sales made after June 30, 1995.
Personal computers sold by public and private schools, colleges, and business and trade schools to students enrolled in their classes also will be exempt from sales tax after June 30, 1994. (Art. 2, Sec. 13)
Another provision of the law extends the sales tax exemption on ticket sales from charitable golf tournaments that last more than four days provided the proceeds go to a charitable organization. The intent of the provision is to exempt ticket sales to the annual Burnet Senior Golf Tournament, scheduled this year at Bunker Hills Golf Course in Coon Rapids.
The event is owned by Abbott Northwestern Hospital and the United Hospital Foundation. Last year a law was enacted to provide a one-time sales tax exemption for the 1993 tournament. The provision is expected to save the tournament about $100,000 a year. (HF3209*/SFnone/CH587, Art. 2, Sec. 14, Subd. 1)
In a separate new law relating to flood relief for farmers, the Legislature granted a sales tax exemption for used farm equipment. (HF2249/SF168*/CH642)
The 1993 Legislature approved a law that allows homeowners to partially or fully exclude from their property tax assessments for 10 years the value of improvements of up to $50,000 made to their homes if the house is at least 35 years old.
In addition to the age criteria, a house now must have
either:
a market value equal to or less than $150,000; or
if the market value is more than $150,000 but less than
$300,000, the property would qualify if it is located in a
city or town in which 50 percent or more of the homes were
built before 1960 based on the 1990 census, and the city or
town's median income is less than the statewide median
income based on the 1990 census. As a result, Minneapolis,
St. Paul, and other older cities and towns qualify, but most
suburbs are disqualified from this $150,000/$300,000
category.
Any house valued at more than $300,000 is not eligible for the program. (HF3209*/SFnone/CH587, Art. 5, Sec. 4)
The measure spends $900,000 in 1997 to help bring businesses and jobs to neighborhoods in Minneapolis, St. Paul, and other Minnesota cities with low-income areas.
It establishes an "enterprise zone" program in which businesses that hire and train local people for jobs may receive state tax credits of up to $5,000 for each employee.
To qualify, a business must be located in a designated enterprise zone, and must pay the worker at least $7.22 an hour (which is 170 percent of the federal minimum wage) by the end of the first year of employment. The employee must be a resident of the designated zone.
According to Rep. Carlos Mariani (DFL-St. Paul), who sponsored the original proposal in the House, money from the state will help cities attempt to secure grants from the federal government. The federal government gives enterprise zones that qualify federal tax credits and block grants, he said. (Art. 12, Secs. 12-19)
The new law also establishes a "rural job creation credit" that provides a tax credit to employers creating at least 10 new jobs outside the Twin Cities. The employee must earn at least $7.22 an hour. (Art. 12, Sec. 20)
The legislation gives Minneapolis, St. Paul, and other qualifying cities permission to set up the zones, but each city council will need to approve the program. (HF3209*/SFnone/CH587)
The new law specifically deals with the state's "targeting" refund program, which is separate from the renter's credit and circuit breaker tax refund programs.
To qualify for a refund under previous law, a property owner's taxes must have gone up more than 12 percent and increased by at least $100 over the previous year. But because so many people will see a property tax increase this year, the Department of Revenue, using its discretion as allowed under law, increased that $100 threshold to $300.
That increase would have limited the number of people eligible for a "targeting" refund and was designed to make sure the department didn't exceed the state's $5.5 million budget cap for such refunds.
The new law, sponsored by Taxes Committee Chair Rep. Ann Rest (DFL-New Hope) in the House and Sen. Phil Riveness (DFL-Bloomington) in the Senate, removes the $5.5 million cap and restores the $100 limit.
The law appropriates an additional $6.2 million from the state's general fund in fiscal year 1995 to pump the refund program up to $11.7 million. The law is a one-shot deal and eliminates the cap only for taxes payable in 1994.
Because the refund forms already have gone out with the $300 threshold printed on them, the law contains provisions for the state to inform the public immediately of the change. (HF1858/SF1709*/CH383)
The plant, to be constructed next to the 3M manufacturing plant in the southeastern St. Paul suburb of Cottage Grove, will burn natural gas to create steam that will , in turn, drive turbines that generate electricity. The hot steam that will typically be released as waste by a traditional power plant will be sold to 3M to heat its buildings.
The 3M plant in Cottage Grove currently burns coal to heat its buildings, so constructing the cogeneration plant will reduce air pollution in the area, according to Rep. Pat Beard (DFL-Cottage Grove), sponsor of the House bill.
The 232 megawatt power plant, to be constructed by L. S. Power of Bozeman, Mont., will sell its electricity to Northern States Power Co.
The new law exempts L. S. Power from paying property taxes on the power plant's generating equipment. Without the exemption, the for-profit company will have to pay between $6 million and $12 million a year in property taxes, according to the company's managing director, Michael Liebelson.
Under the exemption in the new law, the firm expects to pay approximately $900,000 per year, Liebelson said.
Sen. Leonard Price (DFL-Woodbury) carried the Senate legislation. (HF2440/SF2329*/CH513)
However, a provision in the bill to increase the state tax on gasoline by 4.4 cents per gallon and tie further annual increases to the consumer price index did not survive a House-Senate conference committee.
The gas tax increase could have taken place only if Minnesota voters had approved a proposed constitutional amendment this November that would alter how the state's motor vehicle excise tax is spent.
The provision was in a transportation funding bill that also makes several other changes in state laws regarding transportation.
The last hike in the state gas tax came in 1988, when the current rate of 20 cents per gallon was put in place.
The governor also vetoed two appropriations in the bill, writing in his veto message that "neither . . . require funding in this non-budget year." (See Vetoed Bills section.)
Rep. Bernie Lieder (DFL-Crookston) sponsored the House bill and Sen. Keith Langseth (DFL-Glyndon) sponsored the legislation in the Senate. (HF3230*/SF2097/CH640)
The law requires the Metropolitan Council and the Minnesota Department of Transportation (MnDOT) to study putting optical scanners in Minnesota gas stations to read mileage information from a microchip connected to a vehicle's odometer. (Art. 1, Sec. 30)
Optical scans would reveal how far a vehicle has been driven between fill ups, according to Rep. Bernie Lieder (DFL-Crookston), the House sponsor of the microchip provision in the new law.
The high-tech system is needed because newer, more fuel-efficient vehicles drive farther on a gallon of gas than do older ones, Lieder said. But because every driver pays the same amount of tax on a gallon of gas, the current per-gallon gas tax is increasingly unfair, he said. The gas tax helps pay for state road upkeep.
If, after studying the issue, the state adopts the microchip and scanner system, the tax paid at the pump would be based on actual road use or miles traveled, which would be instantly calculated by computers connected to the scanners.
Earlier in the legislative process, Lieder had requested $200,000 to fund the study. However, the new law gives no money to the two agencies required to perform the study.
Under the new law, MnDOT and the Metropolitan Council must report their findings to the Legislature no later than Jan. 15, 1996.
The change is among the many items included in omnibus transportation legislation making mostly technical changes in state laws regulating transportation.
Rep. Tom Osthoff (DFL-St. Paul) sponsored the omnibus transportation bill in the House and Sen. Keith Langseth (DFL-Glyndon) carried the Senate legislation. (HF3011*/SF2680/CH635)
If negotiations are successful, both states would jointly build and operate the site on U.S. Highway 8, which transportation officials say is used by many truckers to avoid the weigh stations and safety inspection stations along Interstate Highway 94.
Minnesota transportation department officials say they do not envision constructing a major inspection station at the Wisconsin site. They plan to use portable truck scales at the site to check compliance with weight restrictions. In addition, highway patrol officers also will do safety inspections at the site, checking such things as a truck's brake system, tires, and taillights.
The Wisconsin site was selected because the hilly terrain in the area makes it impractical to construct a site on the Minnesota side.
Rep. Loren Jennings (DFL-Harris) sponsored the legislation in the House and Sen. Janet Johnson (DFL-North Branch) carried the Senate bill. The new law becomes effective Aug. 1, 1994. (HF2360*/SF2472/CH487)
The new legislation expands the state's seat belt law, first enacted in 1986, which requires drivers and front-seat passengers of most motor vehicles to wear seat belts. The new law extends the seat belt requirement to drivers and front-seat passengers of "commercial motor vehicles."
"Commercial motor vehicles" include trucks weighing more than 26,000 pounds and buses, including school buses. Anyone violating the seat belt requirement is subject to a fine of $25.
The seat belt provision appears in legislation making several technical changes in state transportation law.
Another provision of the new law places a limit on the "first-haul" exemption for farm and forest products, which exempts haulers of these products from the law that allows freight bills and other printed evidence of truck weight to be used in prosecutions for excessive truck weights on highways and other roads. The first-haul exemption is intended for the first transportation of these products from point of production to another location within 50 miles. The new law allows this exemption only if the alleged overweight does not exceed state weight limits by more than 10 percent. Under the old law, the exemption was available regardless of the extent overweight.
In addition, the new law changes the state's open bottle statute, which prohibits consumption or possession of alcoholic beverages in a motor vehicle on a public roadway. The 1993 Legislature exempted chartered buses and limousines from the open bottle law, and this new law modifies the 1993 changes. Beginning Aug. 1, the open bottle exemption will apply only to limousines while they are actually engaged in providing limousine service.
Rep. Connie Morrison (IR-Burnsville) sponsored the legislation in the House and Sen. Keith Langseth (DFL-Glyndon) carried the Senate bill. (HF2365*/SF1966/CH600)
The new law extends to Head Start buses most, but not all of the traffic laws that now apply to regular school buses.
Under the new legislation, Head Start buses:
must come to a complete stop before crossing railroad
tracks. This provision applies whether or not the bus is
carrying passengers (Sec. 3);
must have seat belts for drivers. This requirement applies
only to buses built after Dec. 31, 1994 (Sec. 9);
must be inspected annually by the State Patrol (Sec. 12);
and
cannot use recapped tires on the front wheels (Sec. 9).
In addition, any Head Start bus driver convicted of committing a crime against a minor will have his or her school bus driver's license permanently canceled (Sec. 18).
Rep. Jean Wagenius (DFL-Mpls) sponsored the legislation in the House and Sen. Jane Ranum (DFL-Mpls) carried the Senate bill. (HF2762*/SF2510/CH603)
The change is among the many items included in an omnibus transportation bill making mostly technical changes in state laws regulating transportation. Most of the changes in the law became effective May 11, 1994.
Drivers who don't use a car safety seat when traveling with a child under the age of 4 are subject to a fine of up to $50.
Under the new law, all fine money will be used to fund a new program at the Department of Public Safety to educate the public on the need to put young children in safety seats. The program also would give or loan at no cost car safety seats to families who can't afford to buy them. (Art. 1, Secs. 14, 15)
Another section of the bill requires that any traffic signals installed by the Department of Transportation (MnDOT) and local road authorities after Jan. 1, 1995, be pre-wired with connections for a system that changes the signal to green when an emergency vehicle such as a fire truck approaches.
The law doesn't require new traffic signals to be equipped with the sensing devices that detect oncoming emergency vehicles. But making them ready to accept the equipment can save thousands of dollars on each signal that may later be so equipped, according to MnDOT officials. (Art. 1, Sec. 11)
Carlson also line-item vetoed four metropolitan-area construction projects contained in the bill that he said would cost the state more than $1 million. (See Vetoed Bills section.)
Rep. Tom Osthoff (DFL-St. Paul) sponsored the House bill and Sen. Keith Langseth (DFL-Glyndon) carried the Senate legislation. (HF3011*/SF2680/CH635)
Under the new law, any speeding fine will be doubled if the violation takes place in a highway construction zone. The new law also stipulates that this extra fine must be at least $25.
Currently, Minnesota has a scale of fines depending upon the county in which the violation occurs and how fast a driver is moving through a work zone. Traffic violation fines can be as high as $100 and are considered petty misdemeanors. In 1987, the maximum fine for most petty misdemeanors was raised to $200 with the exception of most traffic violations. That maximum stayed at $100.
Current law also allows the Department of Transportation to set speed limits between 20 and 40 miles per hour on roads when repair or maintenance crews are present.
Highway work zones are one of the most hazardous work sites for MnDOT road crews, according to Rep. Wayne Simoneau (DFL-Fridley), who sponsored the original work-zone legislation as HF1458. This bill was later incorporated into HF3230, a transportation funding bill that also makes several other changes in state laws regarding transportation.
Rep. Bernie Lieder (DFL-Crookston) sponsored the House bill and Sen. Keith Langseth (DFL-Glyndon) sponsored the legislation in the Senate. (HF3230*/SF2097/CH640)
The change, which doubles the current $500 minimum damage threshold, is outlined in a new law.
Traffic engineers at the DPS use the information to find accident "hot spots" and to decide whether new traffic signs or lights might make these sites safer.
Even a minor fender bender can easily exceed the $500 threshold, bill sponsor Rep. Lyndon Carlson (DFL-Crystal) explained. Sen. Paula Hanson (DFL-Ham Lake) sponsored the Senate companion. (HF2630/SF2415*/CH399)
The new law instructs the Department of Transportation (MnDOT) to continue its study of a high-speed train route connecting the Twin Cities, Rochester, La Crosse, Madison, Milwaukee, and Chicago.
At its highest speed, 300 mph, such a train could travel from the Twin Cites to Chicago in about two hours and 15 minutes, according to Rep. Don Frerichs (IR-Rochester). These trains would, therefore, be very competitive with air travel for trips of up to 500 miles, Frerichs said.
"High-speed rail is truly the missing link" in Minnesota's transportation picture, said Frerichs.
The law also appropriates $630,000 to MnDOT to continue the study, but the money will be available only if Wisconsin contributes $500,000 and the federal government matches the Minnesota and Wisconsin monies.
Rep. Bernie Lieder (DFL-Crookston) sponsored the bill in the House and Sen. Keith Langseth (DFL-Glyndon) sponsored the legislation in the Senate. (HF3230*/SF2097/CH640)
The legislation directs MnDOT to examine the efforts of the Saints Road Project, a St. Cloud-based group that has already constructed prototype vehicles including a full-size passenger bus that collect power from sections of the road that become energized as vehicles pass over them.
The developers of the road-powered electric vehicle, or RPEV, say the technology is safe and has an aesthetic advantage over light-rail trains, which are powered by overhead electrical lines.
The legislation requires MnDOT to evaluate the emerging technology and compare it to light-rail transit systems. In addition, MnDOT must specifically study the feasibility of installing a RPEV system at the Minneapolis-St. Paul airport to replace the diesel buses carrying passengers between the main terminal and car rental counters.
The legislation appropriates $200,000 to MnDOT to conduct the study. The provision is in a transportation funding bill that also makes several other changes in state laws regarding transportation.
Rep. Bernie Lieder (DFL-Crookston) sponsored the House bill and Sen. Keith Langseth (DFL-Glyndon) sponsored the legislation in the Senate. (HF3230*/SF2097/CH640)
The extra cash is part of an overall $8.4 million appropriation to the Regional Transit Board, which oversees Metro Mobility as well as the Metropolitan Transit Commission and smaller rural and suburban public transit operations. (Art. 6, Section 3)
The money to Metro Mobility will erase a budget shortfall the agency would have experienced on July 1, 1994, the end of its fiscal year. The 1993 Legislature appropriated $13.8 million to Metro Mobility for fiscal year 1994.
Gov. Arne Carlson, who included the $2.5 million in his supplemental budget recommendations, said that without the money Metro Mobility would either have to significantly reduce its service or raise its fares.
The transit service, which gives rides to approximately 20,000 disabled people around the Twin Cities, effectively collapsed in early October 1993 when a new management service began to run the organization.
Shortly after the restructuring began, the governor activated the state's National Guard and had guard members drive Metro Mobility's vans and buses.
Rep. Loren Solberg (DFL-Bovey) sponsored the state supplemental budget bill in the House and Sen. Gene Merriam (DFL-Coon Rapids) carried the legislation in the Senate. (HF3215/SF2913*/CH632)
Lawmakers two years ago granted such authority to the state's three largest cities: Minneapolis, St. Paul, and Duluth. Last year, the Legislature expanded that authority to "second class" cities, those with populations between 20,000 and 100,000.
The new law will soon authorize all incorporated cities in Minnesota, regardless of population, to train volunteers to issue citations to drivers who illegally park in handicapped-only zones.
The current fine for illegally parking in a handicapped-only space is between $100 and $200.
Such "parking posses" are needed in both small and large cities because police don't have the time to enforce the law, said Rep. Tony Kinkel (DFL-Park Rapids), chief author of the House legislation.
The Senate bill was carried by Sen. Harold Finn (DFL-Cass Lake). The law is effective Aug. 1, 1994. (HF2426*/SF2035/CH495)
The change is designed to make it easier for parking monitors and other law enforcement officers to see the permits from both the front and the rear of vehicles. The Department of Public Safety has already begun issuing two-sided permits designed to hang from rear view mirrors, but in the past the permits have been designed to rest on a vehicle's dashboard.
The provision appears in a bill making many technical changes in the state's transportation laws.
Rep. Andy Steensma (DFL-Luverne) sponsored the legislation in the House and Sen. Jim Vickerman (DFL-Tracy) carried the Senate bill. (HF2508*/SF1990/CH536)
The stretch of highway passes through Walnut Grove, Minn., which is the setting for Wilder's novel, On the Banks of Plum Creek.
The proposal was sponsored in the House by Rep. Ted Winter (DFL-Fulda) and in the Senate by Sen. Jim Vickerman (DFL-Tracy).
The law is effective Aug. 1, 1994. (HF1976/SF1752*/CH395)
The law enrolls the Minnesota Department of Transportation (MnDOT) in a two-year test project developed by the federal transportation department that allows hazardous waste haulers to pay for a single permit in a "base state" in which the hauler does most of its business. Minnesota will be one of four designated "base states."
States other than the base state through which a hauler transports hazardous wastes will be reimbursed depending on how much waste is transported in the state and how far it travels in the state. Hazardous waste haulers based in Minnesota will be required to calculate and report this information annually to MnDOT's Office of Motor Carrier Services.
Haulers caught filing false reports with MnDOT are subject to fines of up to $10,000 for each violation.
The state's participation in the federal test program will end Aug. 1, 1996. Rep. Dennis Ozment (IR-Rosemount) sponsored the legislation in the House and Sen. Jim Vickerman (DFL-Tracy) carried the Senate bill. (HF2183/SF2354*/CH589)
The exact design of the plates, which will cost an extra $10, will be determined by the Department of Transportation.
Rep. Jim Tunheim (DFL-Kennedy) sponsored the House bill and Sen. LeRoy Stumpf (DFL-Thief River Falls) carried the legislation in the Senate. The law is effective Aug. 1, 1994. (HF1928*/SF1807/CH443)
Instead, undercover lottery officials conducting criminal investigations or making security spot checks on retailers will soon sport ordinary and less obtrusive passenger plates on their cars.
The provision is in a bill making mostly technical changes in the laws affecting the Department of Public Safety.
Another provision in the new law adds "erratic lane change" and "following too closely" to the list of serious traffic violations for which a person's commercial driving license (to operate buses and large trucks) can be suspended.
The list now includes such violations as fleeing a police officer and reckless driving. Conviction on two separate serious traffic violations within three years means a 60-day suspension; three violations will lead to a 120-day suspension.
The new legislation also will eliminate a state law that made it a misdemeanor to possess a canceled, revoked, or suspended driver's license. The new changes make it legal to keep a canceled, revoked, or suspended driver's license, but such a card can only be used for identification purposes. Misrepresenting such a driver's license, however, now will be a gross misdemeanor.
Rep. Betty McCollum (DFL-North St. Paul) sponsored the legislation in the House and Sen. Terry Johnston (DFL-Prior Lake) carried the Senate bill. (HF2359/SF2260*/CH501)
These offenders don't need to be tested on their physical driving skills, so only a written test makes sense in these cases, according to department officials.
Already under way in the department are plans to require people whose licenses were revoked for DWI to pass only a written exam that tests knowledge of the state's DWI laws.
A long waiting list for taking the behind-the-wheel test, caused, in part, by the more than 30,000 people each year applying to get their licenses reinstated, prompted the department to ask the Legislature to change the law.
Rep. Don Frerichs (IR-Rochester) sponsored the legislation in the House and Sen. Sandy Pappas (DFL-St. Paul) carried the Senate bill. (HF2418/SF1967*/CH398) Volunteer ambulance attendants can buy special license plates under legislation signed into law. The exact design of the plates, which will cost an extra $10, will be determined by the Department of Transportation. (HF1928*/SF1807/CH443)
The House sponsors of both bills said they carried the legislation in an attempt to make rural mail carriers safer while on the job.
Many rural mail carriers use their own vehicles to deliver the mail. The new strobe light law specifies that a carrier can mount a revolving, amber-colored strobe light on his or her car but can operate the lamp only during daylight while actually delivering mail.
The tire legislation specifies that a rural mail carrier can use studded tires only on routes having less than 25 percent of its roads paved. Also, studded tires will be allowed only between Nov. 1 and April 15 and can be used only while delivering mail or driving to the mail route.
Rep. Dennis Ozment (IR-Rosemount) sponsored the strobe legislation in the House and Sen. Paula Hanson (DFL-Ham Lake) carried the Senate bill. The law became effective April 21, 1994. (HF2254/SF1774*/CH478)
Rep. Andy Steensma (DFL-Luverne) carried the studded tire legislation in the House and Sen. Jim Vickerman (DFL-Tracy) sponsored the Senate bill. The law is effective Aug. 1, 1994. (HF524*/SF430/CH486)
A total of $251,000 was appropriated in the 1994 supplemental budget law to establish a special trust account, the interest from which is to be used by the Department of Veterans Affairs for upkeep of the proposed cemetery. (Art. 3, Secs. 3 and 53)
The measure specifies that 36 acres of land in Morrison County is to be donated by Aug. 1, 1994, for use as a state veterans cemetery. It also requires that the department receive approval from the Morrison County Board of Commissioners before accepting the land. (Art. 3, Sec. 53)
The Minnesota State Veterans' Cemetery Association has donated the land to supplement the existing U.S. military cemetery at Fort Snelling near the Twin Cities airport.
Laverne Hanson of Hillman, president of the association, earlier told legislators that the land can accommodate 28,000 individual plots.
The law specifies that anyone who is eligible for burial in a national veterans cemetery will also be eligible for burial in the state cemetery. It also calls on the department to establish burial fees and other regulations.
"If practicable, the commissioner shall require that upright granite markers be used to mark all gravesites," states the law. This provision is to protect the Minnesota granite industry.
In addition, the measure creates a permanent advisory council that will help raise private funds to help pay for the cemetery's upkeep.
Currently, there are state veterans' cemeteries in 29 states, in addition to several federal veterans' cemeteries.
The bill was originally sponsored in the House by Rep. Steve Wenzel (DFL-Little Falls) and Sen. Don Samuelson (DFL-Brainerd) as HF2029/SF1695. It was later incorporated into the supplemental budget bill.
Wenzel said that people in rural Minnesota, in particular, would benefit from easy access to the cemetery's outstate location. (HF3215/SF2913*/CH632)
For the first time, allied soldiers from countries other than the United States will be eligible to receive special veteran plates for motor vehicles registered in Minnesota.
Under current law, only veterans of American armed forces are eligible for these special plates, which include designations as veterans of the two world wars and the wars in the Persian Gulf, Korea, and Vietnam.
In addition, a new license plate commemorating those who served in Laos during the Vietnam war, reading "LAOS WAR VET," will be created. The plates will cost an extra $10 for those who purchase them.
The new law was sponsored by Rep. Steve Trimble (DFL-St. Paul) in the House and Sen. Sandy Pappas (DFL-St. Paul) in the Senate. (HF2105/SF1968*/CH396)
The new name for the highway, which runs east-west between the South Dakota border near Dawson and the southwest metropolitan area, is effective Aug. 1, 1994.
Rep. Carol Molnau (IR-Chaska) sponsored the legislation in the House and Sen. Terry Johnston (IR-Prior Lake) carried the Senate bill. (HF1844*/SF1679/CH457)
Under current law, designated union members are allowed to take an unpaid leave from work when conducting business for the union that represents workers in the office from which the leave is taken.
The measure, sponsored by Rep. Phil Carruthers (DFL-Brooklyn Center), would have allowed other designated union members to take unpaid time off regardless of whether they would be conducting business for the office from which the leave would be taken.
Although this bill was vetoed, similar language was incorporated into the omnibus K-12 education finance bill (HF2189*/SF2206/CH647 Art. 8, Sec. 27), which the governor signed.
Carruthers said he sponsored the bill after learning of a constituent who taught in a school district represented in bargaining by the Minnesota Education Association (MEA), one of two state teachers' unions. The constituent belonged to a different teachers' union and wanted to take an unpaid leave to work on his union business.
But because the constituent did not belong to the same union that represented his district, he was denied a leave of absence. An MEA member, however, can take an unpaid leave of absence to work on union business in that district.
In his veto message, Carlson said the bill was an "unwarranted widening" of existing practice and would impose "an undue burden on public employers of all types and levels in Minnesota."
He said if there is a general problem with the law, it is not widely known.
"If, on the other hand, this bill seeks redress of the frustration of a limited number of persons, perhaps even a single individual, that is an example of legislative micro-management that disappoints the general public," Carlson wrote. (HF2228/SF844*/CH381)
In rejecting the bill, which was unanimously approved in both the House and Senate, Carlson said he had been prepared to support the measure until a certain provision was attached to the bill on the House floor. It requires a court hearing before a guardian could give permission.
Carlson said the court hearings would "create enormous legal costs for the state and for counties," as well as for guardians. He said there are at least 11,000 people on Medical Assistance living in nursing homes or intermediate care facilities for whom "neuroleptic" medication is typically prescribed.
The term "neuroleptic" describes several powerful tranquilizers commonly used to treat psychosis. They also are called "antipsychotic" medications.
"The intent of the bill was to grant the guardians and conservators the authority to consent to the administration of neuroleptic medications to mentally ill persons," wrote the governor. "The last-minute amendment imposes the requirement of a court hearing for this consent to be valid."
Carlson said if lawmakers had removed the last-minute language requiring the court hearing, which was offered by House bill sponsor Rep. Andy Dawkins (DFL-St. Paul), he would "certainly sign the bill into law." (HF2088/SF1694*/CH481)
The House passed the bill 112-22 and the Senate passed it 65-0.
In his veto message, Carlson said this wasn't the year for granting state aid to higher education institutions. In fact, he had requested $10 million in cuts, House Minority Leader Steve Sviggum (IR-Kenyon) told fellow lawmakers during House debate on the bill.
"It is the year for choosing whether we can preserve the fiscal stability of the state," Carlson wrote in his message.
The governor's veto eliminates the following
appropriations:
$9.1 million to the University of Minnesota. Part of that
money would have been used to begin a program to allow
students to register for classes by phone. The money which
the university requested as part of its "U2000" plan would
have been used to improve libraries and laboratory
equipment, and to better maintain classrooms;
$3 million to the Department of Finance to develop an
accounting system for the 1995 merged higher education
system. The state's community college, technical college,
and state university systems are to be merged under the
newly created Higher Education Board in July 1995. Carlson
did approve language in the bill allowing the merger to go
forward;
$758,000 to Metropolitan State University to strengthen
academic course offerings and to develop a more
comprehensive four-year program at the school, which is
located on several small Twin Cities' campuses;
$242,000 to better prepare teachers to work in inner-city
schools; and
$800,000 for added campus security at state universities.
(See related story in the Higher Education section.)
(HF3178/SF2900*/CH532)
The whistle-blower law is designed to protect employees who refuse to violate state law from being harassed by their employers.
Delmont said he sponsored the bill to make sure certain employees are indeed covered by Minnesota's whistle-blower law. An attorney for a public agency had asserted that the whistle-blower law did not apply to "at-will employees," defined as those who serve at the pleasure of their appointing authority. Some state government employees fit into this category.
In his message to House and Senate leaders, Carlson said he vetoed the bill because at-will employees are already covered under existing law.
Delmont explained that means that both past and future at-will employees are covered by the state's whistle-blower law. Had his bill been signed by the governor, it would have clarified the question for future at-will employees only.
"The measure is unnecessary," Carlson wrote. "The Department of Employee Relations already interprets the whistle-blower statutes in this fashion. Minnesota case law already extends these protections to at-will employees." (HF2007*/SF2285/CH492)
However, a provision in SF2192, which was signed into law (the 1994 MinnesotaCare law), provides $65,000 to fund the same study.
Under a single-payer system, the state government would take over the payment of all health care services or authorize one outside insurance company, acting somewhat like a public utility, to handle all the claims.
Currently, many different private insurance companies and health care groups pay claims filed by patients, clinics, doctors, and others.
The vetoed bill asked the Office of the Legislative Auditor to study whether the state could save money with a single-payer system and how access and the quality of health care would be affected.
Carlson, dubbing the legislation unnecessary, said: "The Minnesota Health Care Commission is currently working on a study on financing universal access to health care, and the United States General Accounting Office has already completed a study on this subject."
The vetoed bill was sponsored in the House by Rep. Tom Rukavina (DFL-Virginia) and in the Senate by Sen. Linda Berglin (DFL-Mpls). (HF2048/SF1867*/CH540)
Carlson wrote in his veto message that although he supports the rights of senior citizens to own and enjoy pets, the state must also "be respectful of those seniors and other . . . residents who have chosen to live in pet-free environments."
The vetoed bill would have permitted anyone 62 years old or older and living in a mobile home park to own a dog, cat, or bird. The bill also would have allowed park owners to set "reasonable rules" regarding the care and maintanence of the pet. Senior citizens, especially those who have lost their spouses, should not be denied the companionship these pets can offer, said Rep. Richard Jefferson (DFL-Mpls), sponsor of the House bill.
Sen. Paula Hanson (DFL-Ham Lake) sponsored the legislation in the Senate. (HF2135*/SF1698/CH543)
Before signing the $13.9 million measure into law, Carlson used his line-item veto powers to eliminate nearly $4 million from the bill. The governor cut three major appropriations that lawmakers say would have helped the juvenile justice system handle the increase workload resulting from new provisions in the bill: $372,000 for four additional judgeships, $1 million to hire more probation officers, and $2.6 million set aside for more public defenders.
Carlson also cut a $60,000 program to pay for community service work crews to remove graffiti from both public and private property.
Although Carlson said the bill was good policy, he said the state also has to live within its means.
The legislation represents "one of the most significant achievements of the 1994 session and should go far in addressing our troubling juvenile crime rates," said Carlson in his veto message. But "due to the Legislature's lack of financial planning and the need for a healthy and balanced budget, I was forced to item veto three provisions of spending in this measure."
Rep. Wes Skoglund (DFL-Mpls), who sponsored the juvenile crime bill in the House, attempted first to reinstate the $1 million appropriation that would have paid for more probation officers in the juvenile justice system.
"It's absolutely essential, for those kids we can turn around, that we [hire more] probation officers," Skoglund said.
The motion to override failed by a vote of 87-45. To override a gubernatorial veto, a two-thirds vote in both bodies is necessary: 90 votes in the House; 45 in the Senate.
After the first failed override attempt, Skoglund said he wanted to try "one more time," and proposed the House reinstate appropriations for added public defense spending.
The second motion failed 85-47.
Sen. Jane Ranum (DFL-Mpls) sponsored the bill in the Senate. (HF2074*/1845/CH576)
Sort of.
Gov. Arne Carlson signed a separate bill into law that does some of the same things the vetoed bill would have done.
The House effort to reverse Gov. Arne Carlson's veto failed on a vote of 89-45. To override a gubernatorial veto, a measure must be approved by a two-thirds majority in each body: 90 votes in the House; 45 in the Senate.
The bill, sponsored in the House by Rep. Dee Long (DFL-Mpls), would have re-established the Office of Waste Management (OWM) as the Office of Environmental Assistance (OEA). The new office would have provided information about pollution prevention and resource conservation, as well as technical and financial assistance to businesses and local governments about waste management programs.
In creating the OEA as a separate advisory agency, the bill would have left the Minnesota Pollution Control Agency (MPCA) in charge of environmental regulation and enforcement of laws.
The bill that eventually was signed into law renames the Office of Waste Management to the Office of Environmental Assistance and transfers OWM responsibilities shifted to the MPCA in 1993 back to the new OEA. Future directors of the OEA will be appointed by the MPCA rather than the governor.
Additionally, the solid and hazardous waste management duties of the Metropolitan Council are transferred to the OEA, as are Metropolitan Council employees who currently perform such duties.
Carlson said he vetoed the original bill because it would have broken apart an agency the MPCA that had been streamlined to eliminate duplication of services.
The original bill passed the House 100-32 and the Senate 58-7. The Senate did not attempt to override the veto. The measure was sponsored by Sen. Gene Merriam (DFL-Coon Rapids) in the Senate. (HF2920*/SF2523/CH544)
The Caribou Lake lot was offered for sale on Aug. 16, 1993, and sold at auction to a Minnesota couple who had built a cabin on the lot they had been leasing from the DNR.
Under a 1986 law, the DNR is allowed to sell any of its 1,800 leased lakeshore lots, if the person leasing a lot requests that a sale be conducted. Because the lots are part of state school trust fund lands, the Minnesota Constitution requires that these sales be advertised and open to bidders.
In the Caribou Lake lot sale, another bidder entered the auction and substantially bid up the price. The Minnesota couple finally won the bidding war, but ended up paying $40,000 over the appraised value of the land.
The couple complained that their competitor in the land auction was from Texas, and, therefore, an illegitimate participant in the process, and brought their case to the Legislature. The bill would have voided their purchase and required the DNR to "re-offer the property at public sale under the same procedures that applied to the original sale."
The veto message from the governor said that it would be a violation of the DNR's "fiduciary responsibility to the school trust to cancel the valid sale and relinquish its claim against the high bidders."
Carlson said the bill would "establish a dangerous precedent" affecting future state sales of mineral, timber, and land. He quoted a provision in the state constitution that prohibits granting "to any private corporation, association, or individual any special or exclusive privilege, immunity or franchise."
The vetoed bill was sponsored by Rep. David Battaglia (DFL-Two Harbors) and Sen. Doug Johnson (DFL-Cook). (HF2925*/SF2608/CH555)
Under current public pension law, teachers and others are, under specific circumstances, authorized to "buy back" credit toward their pension accounts. The buy back is a lump sum employee payment with interest to cover pension contributions for a period of time when the employee did not make pension contributions. In such cases, the employer then makes a lump-sum contribution to the employee's pension fund as well.
Under the bill, teachers within the Minneapolis School District contributing to the Minneapolis Teachers Retirement Fund Association would have been allowed to buy back pension service credits for prior teaching experience outside the state of Minnesota.
"This legislation has the potential to buy back pension credits on the backs of the taxpayer by an already financially strapped school district," wrote Carlson in his veto message. "The legislation sets the stage for the district to later request a subsidy from the state."
Carlson added that the legislation would create an exception for only one of many pension funds within the public system, "which is neither good public policy, nor good precedent."
The House approved the bill 124-5 and the Senate approved it 55-2. (HF662/SF609*/CH569)
Although the measure to consolidate the business licensing process passed the House by a vote of 121-12 and was unanimously approved in the Senate, Gov. Arne Carlson vetoed the bill, saying it was too soon to put the proposal into law.
The bill would have required the state's Bureau of Business Licenses an arm of the Department of Trade and Economic Development (DTED) to process all applications and accept fees for the different types of business licenses.
Currently, the bureau only provides prospective business owners with information about licenses and how to secure them.
Although the bill, sponsored in the House by Rep. Geri Evans (DFL-New Brighton), did not allocate any money toward the licensing system, it called on DTED to study the feasibility of an interlinking computer system to coordinate all the different agencies that grant various types of business licenses.
In his veto message, the governor said a 1993 executive order required DTED to conduct a feasibility study of improvements in business licensing.
"The study is due in January 1995 and I believe it would be premature to sign legislation in this area without the benefit of those recommendations," Carlson said.
Carlson also noted that the bill would cost a "significant" amount of money to implement in future years, and was best dealt with during a regular budget year.
Sen. Ember Reichgott Junge (DFL-New Hope) sponsored the Senate companion to the bill. (HF1918*/SF2496/CH593)
In his veto message, Carlson said the bill was largely similar to a bill he vetoed last year. Both bills were sponsored by Rep. Myron Orfield (DFL-Mpls).
But Orfield has said he specifically designed his bill this year to appease the governor's objections of last year.
The House approved the House-Senate compromise by a 79-54 vote. The Senate approved it with a 34-32 vote.
Orfield said he wanted to see low-income housing evenly distributed throughout the seven-county metropolitan area rather than concentrated in Minneapolis and St. Paul.
The bill called for the Metropolitan Council to allocate affordable housing in the metropolitan area based on a formula that determines each city's current proportion of such housing. The council also would have looked at the number of jobs available in a community and other factors when setting low-income housing goals.
Although the compromise bill would not have penalized cities that didn't comply with Metropolitan Council suggestions, earlier versions would have penalized those that did not change their zoning laws to allow more low- and moderate-income housing. Some of the penalties considered included losing some state aid or being denied permission to increase municipal sewer services.
Although the penalties were dropped from the bill sent to the governor, Carlson suggested the passage of the bill would open the door for Orfield or other lawmakers to try to institute penalties in future years.
The bill, Carlson maintained, eventually could have penalized communities that didn't meet the council's quota for low-income housing. "Penalties are inappropriate, as are unnecessary legislative mandates such as this," he wrote.
In his veto message, Carlson also said the Metropolitan Council is "already in the process of conducting an affordable housing survey."
Furthermore, Carlson said the bill would have required the Metropolitan Council to ask for low-income housing in communities without a great deal of such housing, rather than in communities where the jobs are.
Orfield has said he specifically designed his bill this year with a requirement that the Metropolitan Council look at the number of jobs in a city when calculating how much affordable housing should go there.
Sen. Steve Novak (DFL-New Brighton) sponsored the Senate companion bill. (HF2171*/SF1991/CH594)
The bill would have taken the money from the state's general fund this year, so more people could become insured while lawmakers devise a better payment plan. Specifically, the money would have been used to enroll adults without children in the insurance plan.
It would have used the $75 million to continue the work toward the goal of universal access to health care by July 1, 1997. The bill, sponsored by Rep. Tom Rukavina (DFL-Virginia), was intended as a stopgap measure until the 1995 Legislature could adopt a new, permanent way to pay for the MinnesotaCare program. Sen. Doug Johnson (DFL-Cook) sponsored the bill in the Senate. It passed the House 69-62; and the Senate, 39-26.
"While this is a laudable goal, we simply do not have the money available to create such a fund, nor do we have a revenue source identified to maintain this fund," wrote Carlson in his veto message.
A 2 percent tax on the gross revenues from all the state's health care providers, hospitals, pharmacies, and wholesale drug distributors now pays for MinnesotaCare. The tax is controversial and not well liked in health care circles. Some lawmakers also acknowledge the tax is difficult to collect from the state's numerous health care providers and clinics.
The bill also would have allowed the health care program to go ahead with enrolling single adults and those without children even if expenses exceed revenues through fiscal year 1997. The added provision would have allowed the departments of health and human services more time to develop a MinnesotaCare balanced budget plan. (HF2951*/SF2494/CH597)
The vetoed bill proposed that the departments of health, public safety, and administration gather information on all licensed mobile home parks in the state with more than 50 homes.
Had the bill become law, the agencies would have had to report to the Legislature by Jan. 10, 1995, on the status of emergency shelters in these parks and any evacuation plans they had developed.
The bill contained no money for the agencies to pay for the study. In his veto message, Carlson wrote that "budgets are strained and legislative demands on these agencies continue to grow."
The bill, sponsored in the House by Rep. Geri Evans (DFL-New Brighton), also would have prohibited mobile home park owners from charging an application fee to a current park resident who is moving to another site within the park.
It passed the House 98-33 and the Senate 61-0.
Sen. Jane Krentz (DFL-May Township) sponsored the Senate legislation. (HF1919*/SF1984/CH599)
In his veto message, Gov. Arne Carlson said requiring sprinkler systems would "impose a huge cost on cities and would make publicly assisted housing even more difficult to provide."
The bill, sponsored in the House by Rep. Bob Johnson (DFL-Bemidji) and in the Senate by Sen. Carl Kroening (DFL-Mpls), would have required most buildings over 74 feet high and not equipped with sprinkler systems to have the systems installed within the next 15 years.
The bill passed the House 98-33 and the Senate 53-11.
"I am uncomfortable when the state Legislature involves itself in matters which are best handled on a local level," said Carlson. "I remain committed to safety in all buildings but we must not mandate costs without considering how they will be paid."
The measure would have only affected older commercial and apartment buildings. Since 1974, state law has required newly constructed high-rise buildings to be equipped with sprinkler systems. In addition, a section of the bill would have exempted buildings that are 70 percent owner-occupied, which would have excused most condominiums from the mandate. (HF392*/SF374/CH601)
The 1993 Legislature directed that nearly $14 million in state Medical Assistance and General Assistance Medical Care funds be cut as of July 1994. That meant hospitals would receive less state help for caring for poor patients. The vetoed bill would have reinstated 80 percent of that cut, or about $11 million.
Despite the veto, the Department of Human Services has delayed the cuts for at least a year, while officials there determine how to implement them.
The governor's office already has given assurance to the hospitals that the cuts, once initiated, won't be retroactive to 1994.
The bill also included $8 million for subsidized day care and $400,000 to pay for lead clean-up programs.
In his veto message, Carlson said the bill would cost too much money and could result in a tax increase.
"This bill does contain a number of good proposals, some of which were proposed by myself and others. . . . Unfortunately, the bill also contains an unacceptable level of overspending," Carlson wrote.
The House passed the bill 105-28; the Senate passed it 50-14. The bill was sponsored by Rep. Lee Greenfield (DFL-Mpls) in the House. (HF3210*/SFnone/CH606)
The measure was designed to educate children about the election process and increase adult voter turnout, according to Rep. Mike Jaros (DFL-Duluth), House sponsor of the bill. The idea was that children would bring their parents and other adults to polling places, Jaros said.
Minors would have cast ballots in a simulated election when their parents and other adults went to the polls to cast real ballots on election day. Jaros said similar projects are now under way in 20 other states; Arizona's program has been operating since 1988.
In his veto message, Carlson said the goal of teaching students about elections is "laudable." However, he objected to granting the Secretary of State "sole authority to develop this program without . . . guidelines, or any guarantee of political neutrality."
Carlson charged that the simulated elections could become a "partisan tool rather than an educational aide." He also said that the lack of "clearly-defined guidelines" for the program could cause "considerable chaos at polling places which, in many cases, are already confused and overcrowded."
Secretary of State Joan Growe, however, disagreed.
She said the program would have encouraged young people to participate in citizenship. "This is a particularly good program because students participate with their parents."
Sen. Sam Solon (DFL-Duluth) sponsored the bill in the Senate. (HF3004/SF2011*/CH608)
Currently, employees can be appointed to those positions, but only if voters approve the move in a referendum.
The bill would have allowed the county board to appoint someone to one of those positions without a referendum vote, but only if the vacancy came up before March 1 in the year before an election for the office would be held.
And the county board would have had to publish three times its intention to appoint someone to the position in the local newspaper.
In his veto message, Carlson said the bill would have "transferred authority from the voters to elected county board members."
The Senate approved the bill by a 35-31 vote. The House approved it, 69-65. Rep. Mary Jo McGuire (DFL-Falcon Heights) sponsored the bill in the House. Sen. Sandra Pappas (DFL-St. Paul) sponsored the Senate version. (HF2645/SF2232*/CH609)
Gov. Arne Carlson vetoed a bill that would have required a 40-cent per hour increase in the minimum wage beginning Jan. 1, 1995, for large businesses. And beginning Jan. 1, 1996, those wages would have risen by another 35 cents to $5 an hour. The current minimum wage is $4.25 an hour.
For small businesses, the bill would have increased wages to $4.40 in 1995 and $4.75 in 1996.
In his veto message, Carlson said a higher minimum wage would have meant fewer minimum-wage jobs in the state.
"We believe it would cause the loss of approximately 5,500 to 6,000 jobs in the state," wrote the governor. "If we were to sign that bill, that would place us in the third-highest position in the United States and would again reduce our capacity to effectively compete in the area of jobs and job growth."
If the bill had become law, Minnesota's minimum wage would have been higher than the federal rate of $4.25 per hour. Currently, eight states and the District of Columbia pay more. Iowa pays its workers at least $4.65 an hour.
The House approved the bill by a 74-58 vote; the Senate, 37-29.
The vetoed bill also called for $117,000 to be appropriated from the general fund to the Department of Human Services to pay for increased Medical Assistance (MA) grants for nursing home, home health workers, and others who work in the human services field. The fund's money would have hiked MA reimbursement rates to bring wages up to the proposed new minimum wage levels.
The bill was sponsored by Rep. Tom Rukavina (DFL-Virginia) and Sen. Randy Kelly (DFL-St. Paul). (HF2243/SF1944*/CH621)
The first provision vetoed would have transferred $15 million from the health care access fund to the general fund.
The transfer is done to supplement funding for the Medical Assistance (MA) and General Assistance Medical Care (GAMC) programs. When Minnesotans apply for MinnesotaCare, it is often discovered that they qualify for MA or GAMC.
The MinnesotaCare law also calls for a reassessment of funding for the MinnesotaCare program, leading Carlson to write: "I feel it is prudent to hold off on changes to the previously mentioned funds until the entire package of expenditures and funds is reassessed during the 1995 legislative session."
In his second MinnesotaCare veto, Carlson wrote that a $200,000 appropriation to the Office of the Attorney General was "unnecessary."
The funds were to be used by the attorney general to work with the Department of Health to increase Minnesota's Medicare reimbursement rate.
Carlson wrote that the commissioners of the departments of health and human services already are working toward the same goal, and they "do not feel the assistance of the attorney general is needed." (See related story in the Health section.) (HF2525/SF2192*/CH625)
The bill incorporates three legislative supplemental budget measures in the areas of environment and natural resources, state government finance, and community development, infrastructure, and transportation.
The House and Senate passed a $35.7 million compromise supplemental budget bill. The House voted 117-16, and the Senate voted 49-14.
The following is a listing of the line-item vetoes by general section of the 168-page bill. (HF3215/SF2913*/CH632)
The biggest environmental funding casualty was a proposal to increase by $1.5 million the money the state would have given local governments to make up for the property tax money they can't collect from land owned by the Department of Natural Resources.
Other environmental projects Carlson vetoed include:
$270,000 for the operation of state parks. The veto, some
say, will result in a reduced level of services at parks;
$200,000 for a study of the costs of generating
electricity in the state;
$130,000 to find ways to protect the quality of the
state's groundwater;
$90,000 for field resource ecologists needed for a county
biological survey;
$87,000 for increased activity in forest and prairie
ecology studies;
$75,000 for a grant to be used to plan and begin
restoration of oak forest areas in St. Paul's Mounds and
Battle Creek parks;
$50,000 for a farm safety program to educate farmers
regarding equipment and other farm activity safety
practices;
$50,000 for a grant to the Southwest Regional Development
Commission to pay for the planning of the Lewis and Clark
Water system in southwest Minnesota;
$75,000 for completion of the fishing pier on the
Mississippi River in South St. Paul;
A $150,000 transfer from the DNR to the Environmental
Quality Board for activities related to sustainable
development;
$250,000 for a grant to the Northern Counties Land Use
Planning Board to help some northern counties undergo a
joint development effort;
$70,000 to the Office of Waste Management to conduct its
annual solid waste composition study; and
$50,000 to the Environmental Quality Board for groundwater
protection coordination activities.
The governor also vetoed a provision that would have doubled the limit on what the state is allowed to pay ethanol producers. Currently, the state pays ethanol producers 20 cents a gallon to help stimulate and encourage ethanol production; the program can spend up to $10 million a year from the general fund. The vetoed provision would have allowed the state to pay out $20 million a year. Although the program cost only $4.5 million last year, two new ethanol plants are being built, and the state Department of Agriculture is expecting several more in the next few years.
The programs were to be part of the money spent on the departments of finance, administration, employee relations and a few smaller state agencies. Carlson used his line-item veto authority to make $471,000 in cuts, leaving the departments with $17.7 million in additional funding for fiscal years 1994 and 1995.
The House-Senate compromise bill authorized $18.2
million for the select state agencies before the governor's
cuts. The line-item vetoes include:
$20,000 to set up a public employees insurance task force
to study whether public employees could form a health
cooperative to purchase hospital, dental, and medical
insurance;
$50,000 to study the feasibility of setting up a Minnesota
police officers stress program. A program would have
provided treatment for police officers suffering from
post-traumatic stress syndrome. It also would have referred
officers to professionals who could help them with
stress-related problems;
$150,000 to the state Environmental Quality Board to find
a way to include the University of Minnesota heating system
in a thermal network with other area heating systems. The
university is considering building its own heating facility.
The bill wanted to study whether the university could save
money and provide the same quality heat by hooking up with
an existing facility;
$10,000 to the Environmental Quality Board to study the
issue of environmental justice. Environmental justice means
ensuring minority groups and their neighborhoods aren't
unfairly discriminated against in the placement of potential
environmental hazards such as landfills and power plants.
The study would have looked into ways the EQB can address
the problem in the future;
$80,000 to the Office of the Secretary of State for a
voter information telephone line to give Minnesotans
information on voter registration. The toll-free telephone
line would have allowed Minnesotans from outside the
metropolitan area to call a toll-free number for voter
registration numbers; and
$161,000 to the Office of the Attorney General to train
state employees who review software and other "intellectual
property" developed by state agencies to make sure it
doesn't violate copyright laws and is properly licensed. It
also would have helped the agencies properly license and
copyright their intellectual software.
The bill sent to the governor had called for $2.8 million in projects, but the governor line-item vetoed nearly $500,000 worth, labeling them as non-emergencies.
Carlson wrote in his veto message that he did so "because of the need for a balanced budget."
Community development projects vetoed include:
two grants totaling $215,000 to the Department of Economic
Security (formerly the Department of Jobs and Training). One
grant, for $165,000, would have gone to the department's
displaced homemaker program, which works with private
organizations to assist displaced homemakers with
counseling, job training, and help in connecting with social
service agencies. The other grant, for $50,000, would have
gone to a new department project to give employment
assistance to people with mental illness;
$130,000 for Minnesota Historical Society projects,
including $60,000 for the development of the St. Anthony
Falls area in Minneapolis and $35,000 to acquire and restore
an American Indian flint quarry in Mower County near Austin.
Also vetoed was a $25,000 contribution to the Museum of the
National Guard in Washington, D.C., and a $10,000 grant to
the Minnesota Transportation Museum to restore a street car;
$115,000 to the city of Minneapolis to improve the
Hennepin Center for the Arts;
$25,000 for a study to assess the status of women-owned
businesses in the state, including their financial health
and their ability to get business loans; and
$8,000 to the Department of Commerce to study the state's
pawnbroker industry.
Sen. Gene Merriam (DFL-Coon Rapids) sponsored the bill in the Senate. Rep. Loren Solberg (DFL-Bovey) sponsored it in the House. (HF3215/SF2913*/CH632)
The governor deleted two separate projects to erect sound barriers along portions of Interstate Highways 394 and 694, and another sound barrier project along State Highway 252 in Brooklyn Park. He also deleted a project to put traffic signals at an intersection near a middle school in North Oaks.
Carlson said the projects would have cost the state more than $1 million.
Each of these projects, wrote Carlson in his veto letter, "represents a significant cost to the state trunk highway fund, and none of which require funding in this non-budget year."
Rep. Tom Osthoff (DFL-St. Paul) sponsored the House bill and Sen. Keith Langseth (DFL-Glyndon) carried the Senate legislation. (HF3011*/SF2680/CH635)
"This bill is $6 million over our crime spending targets for fiscal year 1995. . . .The Legislature saw fit . . . to get into an irresponsible bidding war on the crime issue, forcing me to exercise the item veto to trim spending," Carlson wrote in his veto message.
While noting the bill "does contain worthwhile provisions," Carlson said he was disappointed with the work of the Legislature.
"Five months after laying out this administration's crime proposal I have received a bill which is too expensive and is soft on repeat offenders."
Here's a rundown on the vetoed provisions:
$1 million for a "productive day program" in Hennepin,
Ramsey and St. Louis counties designed to motivate inmates
in local jails to develop life and work skills. The goal is
to provide training and education to create opportunities
for inmates upon their release;
$400,000 for two "work and learn" centers designed to help
14- to 19-year-olds without a high school diploma. To be
eligible, the juveniles must be delinquent, or referred from
a county social services agency. One site was to be in a
school setting, the other at a wilderness site;
$200,000 in grants to local law enforcement agencies to
develop three truancy service centers;
$200,000 for the creation of a witness and victim
protection fund;
$170,000 to reimburse local law enforcement agencies for
costs incurred conducting background checks;
$100,000 for the remote electronic alcohol monitoring
pilot program.
$100,000 in mini-grants for programs that work with
juvenile female offenders;
$100,000 in start-up money for the crime information
reward fund;
$100,000 for intervention projects to work with students
at risk of failing in school because of chronic neglect at
home;
$56,000 for a grant to the Region Nine Development
Commission for grants to community-based intervention and
prevention projects;
$50,000 for the activities of a statewide youth safety
initiative coordinated by the Minnesota student safety
program;
$50,000 for community-based truancy action projects;
$50,000 for male responsibility and fathering program
grants A separate law calls for $500,000 in spending to
promote male responsibility (See page 21);
$50,000 for the Bureau of Criminal Apprehension to
establish and maintain a distinctive physical mark, or
tattoo computer library identification system;
$40,000 for the gang resistance education training pilot
program;
$25,000 for a grant to the Nett Lake community crime and
drug prevention program; and
$10,000 for a violence prevention study conducted by the
chemical abuse and violence prevention council.
The measure was sponsored by Rep. Wes Skoglund
(DFL-Mpls). (HF2351*/SFnone/CH636)
The governor excised a $250,000 grant to a St. Paul project of the Minnesota Job Skills Partnership Board and also cut a separate section of the bill that would have provided another $5.5 million in funding for general MnDOT day-to-day operations.
"Neither . . . require funding in this non-budget year," wrote the governor.
The vetoed items were in a transportation appropriations bill that also funds two public transit studies and increases fines for speeding through highway construction zones. (See related stories in the Transportation section.) (HF3230*/SF2097/CH640)
The measure now will provide only $9 million in aid down from $18 million as a result of the governor's several line-item vetoes.
The largest of those was a $5 million interest buy-down program that would have helped secure loans for farmers and small businesses hit hardest by the floods. Under the program, the state would have paid a portion of the interest on a loan for a qualifying farmer or small business.
The governor noted that many farmers and small businesses already have secured operating loans. He also noted that the federal government already has picked up much of the tab for damages caused by last spring's floods.
He also vetoed another $2 million that would have gone to the Department of Economic Security (formerly the Department of Jobs and Training) for emergency job training and creation programs, as well as a few other smaller appropriations.
Rep. Steve Wenzel (DFL-Little Falls) sponsored the flood relief legislation in the House and Sen. Joe Bertram (DFL-Paynesville) did so in the Senate. (See related story in the Agriculture section.) (HF2249/SF2168*/CH642)