SESSION WEEKLY A NON-PARTISAN PUBLICATION OF THE MINNESOTA HOUSE OF REPRESENTATIVES MARCH 15, 1996 VOLUME 13, NUMBER 9 WEEK IN REVIEW. . . March 7 - 14, 1996 HIGHLIGHTS Prairie Island debate . . . Tribe would receive land, cash in House proposal Despite strong objections from Northern States Power Co. and some legislators, the House Environment and Natural Resources Committee March 11 approved a bill that aims to solve the NSP-Prairie Island nuclear fuel controversy. HF3236, sponsored by Rep. Alice Hausman (DFL-St. Paul), is an attempt to broker an agreement between NSP and the Prairie Island Mdewakanton Dakota whose reservation is next to the company's nuclear power plant in Red Wing, Minn. Two attempts this session have failed to produce an agreement that addresses each party's problems with a 1994 law. SF2495, sponsored by Sen. Steve Novak (DFL-New Brighton), stalled in the Senate. And an agreement reached by the two parties on their own earlier this month fell apart a day later. Hausman's bill would repeal the "alternative site" provision in the 1994 law which requires NSP to find another location to store spent fuel rods beyond the 17 casks allowed at Prairie Island. Under HF3236, NSP would get a property tax exemption for the plant's waste storage pad and casks in exchange for annual payments to the tribe. The tribe would receive $850,000 annually for the operating life of the plant; $350,000 annually for the siting of the storage pad; and $53,000 annually per dry cask. NSP also would make a one-time $2 million payment to the tribe and give the tribe 1,750 acres of land to relocate members. The increased compensation for the tribe is the part of the bill NSP objects to most. Hausman's bill gives the tribe $850,000 more annually than the agreement reached and canceled earlier this month between the two parties. The bill also gives the tribe 1,750 acres of land -- a provision that was not in the failed agreement. Gov. Arne Carlson has expressed concern over giving the tribe land, fearing another casino could be built. (The Prairie Island Dakota currently operate Treasure Island Casino.) Tribal officials told the committee the land would not be used for a casino, but rather to relocate members who don't want to live near nuclear waste. Along partisan lines, half of the committee voted to drop the land offer and reduce the financial payment -- essentially turning the bill into the failed agreement reached earlier this month. That amendment, offered by Rep. Virgil Johnson (R- Caledonia), failed on a tie vote. Rep. John Tuma (R-Northfield) spoke for those who voted to change the bill. "Why don't we just back off and let NSP work out a deal . . . and let the blood," Tuma said. "We are sitting here negotiating a contract, just like I do every day as an attorney, and I don't think that's the Legislature's job ." HF3236 prohibits reracking -- or rearranging -- waste to achieve greater storage capacity. The Senate bill allowed NSP to rerack and exceed the waste limit in current law. That would have provided enough on-site storage to run the plant until 2014. Current law allows NSP to rerack as long as total waste stored at the site doesn't exceed 17 casks worth of material. In passing the 1994 law, legislators and tribal members assumed the waste at Prairie Island would be transferred out of state or the plant would be closed by 2002. That's the year NSP is hoping an interim federal nuclear disposal site will be established. A permanent federal nuclear repository to be located at Yucca Mountain, Nev., won't be ready until well into the next century. NSP officials have said finding an alternative site further away from the tribe and the Mississippi River would cost $48 million. But faced with Hausman's bill, they now say the cost of finding and operating an alternative site would cost about $19 million. Thomas Micheletti, vice president of public and governmental affairs for NSP, told the committee Hausman's bill could cost ratepayers between $40 million and $50 million. "NSP opposes this legislation for one simple reason -- it hurts our customers," Micheletti said. "It disappoints me that the first two agreements we reached with the tribe were in a sense breached. I've felt all along we'd be much better off if we marched up here [to the Legislature] together." Hausman objected to Micheletti's comment. "For us to accuse the tribe of agreements breached seems to me to be, to understate it, unfair," she said, referring to the history of European settlers breaking land agreements with Native Americans. Hausman objected to anyone characterizing her bill as a "win-win" solution. She referred to the bill as a "lose-lose" situation and said it's time to untie NSP and the Prairie Island Dakota. "We have tied nuclear policy to the future and well-being of this tribe," said Hausman, who didn't vote on the 1994 bill. "This is a time to divide those two . . . then in the future we [will] look at NSP's requests separately from holding this community hostage." The tribe has said they fear both the possible health repercussions of living near radioactive waste and the potential harm of a major accident. While they would not take payments from NSP when the 1994 law was passed, the tribe now says they should be given both money and land to compensate them for their proximity to the plant. In objecting to the increased compensation in Hausman's bill, Micheletti of NSP said only a fraction of the tribe lives on the Prairie Island reservation. As of December 1995, about 130 of the tribe's 500 enrolled members lived on the reservation. NSP began pushing to use dry casks to increase nuclear waste storage capacity seven years ago. The 1994 law grants NSP the right to store up to 17 casks of radioactive waste at the Prairie Island site if the power company invests in alternative energy such as windpower and searches for an alternative storage site. The tribe and NSP have been trying for months to negotiate an agreement to change the law, which the Legislature would have to pass. Several committee members expressed opposition to the Legislature's latest involvement in the controversy. HF3236 now moves to the House Rules and Legislative Administration Committee. --Kendall Anderson AGRICULTURE A vote on canola A new state law, effective Feb. 29, 1996, allows another vote before the 1996 harvest to determine whether to create a Minnesota canola council. That's good news for farmers who pushed for a referendum on the issue only to see it fail by a narrow margin in the fall of 1995. Many blamed the initiative's failure on the Department of Agriculture's choice to schedule the vote in the middle of the harvest season. Voter participation was low and many were disappointed with the results. State law mandates that another referendum vote cannot be held until a year after the previous failed ballot issue was held. The new law makes an exception for the proposed canola council by requiring that only six months pass before another vote on the matter. Without the exception, growers would have faced another harvest time vote on the canola council or further delay on the issue. If approved, the canola council would become one of more than a dozen state commodity councils created to guide research and promotion efforts. Canola is a specialty grain crop used mainly for oil products such as cooking oil. The measure was sponsored by Rep. Jim Tunheim (DFL-Kennedy) and Sen. LeRoy Stumpf (DFL-Thief River Falls). HF2454/SF2111*/CH290 BUSINESS Omnibus liquor bill More free liquor samples, wine tastings, tour boats that sell liquor, and wine service at bed and breakfasts would be available under the omnibus liquor bill the House passed March 11. The proposal (HF2590/SF2116*), which also includes changes to laws governing liquor licenses and warnings posted in the state's liquor establishments, passed on a vote of 120-11. (See Feb. 9, 1996, SessionWeekly, page 4, and Feb. 16, 1996, SessionWeekly, page 6) Sponsored by Rep. Jeff Bertram (DFLÐ Paynesville), the bill now goes to conference committee. Warnings The bill would increase requirements for warning signs that must be posted in retail and municipal liquor stores. Currently, liquor store owners must post signs notifying customers of the state's penalties for driving while intoxicated and underage drinking. Under the bill, liquor retailers would be required to post a single sign in a conspicuous place that includes those warnings, plus a warning about the consequences of drinking alcohol while pregnant. B and Bs A provision in the bill would allow Minnesota bed and breakfast facilities to give guests two complimentary glasses of wine per day, up to 4 ounces each, to drink on the premises, without the owners having to obtain an on-sale liquor license for that purpose. Owners would have to register with the state's public safety commissioner. Rep. Barbara Sykora (R-Excelsior) gained wide support for an amendment that would apply the change to bed and breakfasts with up to 10 rooms (the original bill allowed for only eight rooms). The amendment also would allow the operators of such facilities to live in a building on the same property as a bed and breakfast. Originally, the bill required guests to stay in the owner's personal residence. In addition, the Sykora amendment would expand the bill's definition of a bed and breakfast -- which now is limited to single family homes -- to include other structures, such as old mills and other unique buildings that are suited for guests. Free samples Free liquor and beer samples may be more abundant if the bill becomes law. New provisions would allow liquor stores to give customers free samples of hard liquor in containers up to 15 milliliters. The law currently allows free samples of wine, beer, cordials, and liqueurs. The proposal also would allow a brewer to furnish a restricted amount of beer to off-sale retailers for samplings. Wine tastings More wine tastings are likely to occur if the bill becomes law. The bill would allow the events at on-sale locations where no charitable organizations are participating, or at locations that are for designated charities but where the tastings are primarily for educational purposes. Current law strictly regulates wine tastings that are associated with charitable, religious, and nonprofit organizations. The provision would clarify that restrictions, such as not being allowed to take orders for off-premises consumption, do not apply to tastings sponsored by on-sale establishments that meet the above criteria. Liquor on the river The mighty Mississippi and the St. Croix rivers will join Lake Superior in accommodating tour boats that sell liquor, if the bill becomes law. The measure would allow tour boats on the St. Croix and Mississippi rivers to receive on-sale liquor licenses between May 1 and Oct. 31. Currently, only tour boats on Lake Superior are allowed to receive such licenses. Government fees After an extensive debate concerning local control of inspections and fees, members adopted an amendment that would retain current law that correlates license fees with the direct costs of inspection and enforcement associated with particular establishments. Rep. Mindy Greiling (DFL-Roseville), sponsor of the amendment, said local governments are in the best position to make judgments concerning establishments in their jurisdictions. She said proposed changes in the law would have limited local governments' power. Bertram opposed the amendment, saying many local governments have "played games" with bar owners, such as increasing fees for the purpose of raising revenues and conducting excessive, meaningless inspections that are done only to justify the high government fees. Bertram's proposal would have limited local governments' basis for fees to two inspections a year. Rep. Alice Seagren (R-Bloomington) rose in support of the Greiling amendment, arguing that the fees are justified and that the Mall of America and other entertainment establishments are made safer by local governments that tailor license fees to the individual characteristics of establishments. The Greiling amendment passed on a vote of 115-16. CONSUMERS Sharing electronic data A bill that aims to protect consumers who use on-line services from companies that seek their personal information passed the House March 8. The vote was 68-64. HF2816, sponsored by Rep. Steve Kelley (DFL- Hopkins), would require on-line services that release information about subscribers to companies to get permission to do so from potential subscribers. The law would not apply to on-line companies that do not share such information. "What I'm trying to do is anticipate problems that consumers may have in the future rather than just react to them," said Kelley. Under the bill, an on-line service would have to get the consent of a subscriber to give or sell any identifying information, including residential or electronic mail addresses. Kelley said the bill is the first of its kind in the nation. Critics argued that the law will discourage on- line services from doing business in Minnesota and could inhibit enjoyable on-line communication. Rep. Dan McElroy (R-Burnsville) said many Internet browsers rely on the ability to get electronic mail addresses of users who have similar interests. He said he fears Kelley's bill will make that much more difficult. Several legislators said the bill will hurt Minnesota from a business standpoint. "The prohibition on disclosure of information may be a reason for [businesses] to consider not doing business in Minnesota," said Rep. Todd Van Dellen (R-Plymouth), who took his name off the bill earlier this session. A former software manager, Rep. Ken Wolf (R-Burnsville) said experience has shown him Van Dellen's concerns are legitimate. When he developed and helped release software onto the market for a Minnesota company, Wolf said companies frowned on programs that included extra steps, which is what Kelley's bill would require. Under the bill, on-line services that give out subscriber information would have to install a screen in their subscriber program that asks customers for permission to use such information. Kelley said his bill is overdue, given statutory protections for other kinds of information. "In current law, we have a lot of protection for information in government hands. We have relatively little protection of information in private hands," he said. The bill now moves to the Senate. CRIME Investigating physicians Investigating Minnesota physicians accused of sexual misconduct would become a more open process under a bill passed by the House March 12. The vote was 133-0. The proposal (HF2633/SF2332*) would require a probable cause hearing to be held before an administrative law judge in cases where a doctor is accused of sexual misconduct. Current law requires no such hearing. If a judge determines that the physician is guilty of violating Board of Medical Practices rules governing such behavior, the notice of and order for hearing filed by the board would become public, allowing other victims to come forward with new information for the board to consider. "The major thrust of this legislation is to increase the ability of the board to inform the public," Robert Leach, the board's executive director, has told lawmakers. Leach has said the bill also would improve the board's ability to keep complainants and victims -- who are not always the same in such cases -- informed of the progress of an investigation into allegations of sexual misconduct. Under current law, only the person filing the complaint can be given information about the status of an investigation. The bill, sponsored in the House by Rep. Lee Greenfield (DFL-Mpls), would provide that probable cause hearings be closed to the public. However, the board must make public a notice of the hearing; findings of fact, conclusions, and recommendations issued by the administrative law judge and arguments before the board in cases where the judge finds a violation of the state's sexual misconduct rules; and any final order of the board. HF2633/SF2332* would add a seven-year statute of limitations for all complaints filed with the Minnesota Board of Medical Practices except for sexual misconduct cases, which would be subject to no statute of limitations. The bill now moves to the governor for his consideration. Victim notification A bill that goes further to warn victims of domestic abuse when the perpetrator is about to be released from custody won approval from the House March 12. The vote was 133-0. Under current law, authorities are to "make a reasonable and good faith effort" to orally notify the victims of abuse when the alleged perpetrator is about to be released. The bill (HF2842/SF2275*) would, at the request of the victim, extend the notification to a local battered women's shelter or sexual assault program and local law enforcement agencies known to be involved in the case. The bill attempts to increase the chances of reaching victims, some of whom may not be at their usual residence after an assault. Some lawmakers have questioned how the bill would work given that many alleged perpetrators are arrested at night and released before lunch the next day. They questioned whether authorities would have time to notify the victims and shelters involved. The bill, sponsored by Rep. Steve Kelley (DFL- Hopkins) in the House, also requires courts to "make a reasonable and good faith effort" to notify a victim when a person arrested (or a juvenile detained) for domestic assault or harassment has a hearing to determine if they will be released pending trial. HF2842/SF2275* further states that the prosecutor must present to the judge relevant information regarding the victim's account of the crime before the court decides whether to grant a pretrial release. The bill now moves to Senate. No cloning allowed A bill to make it a crime to engage in cellular phone "cloning" was passed by the House March 12. The vote was 129-0. The bill (HF2526), sponsored by Rep. Chuck Brown (DFL-Appleton), addresses what phone company officials say has become an increasingly popular crime. Cellular phone cloning -- or counterfeiting -- would be a felony under the bill, punishable by up to five years imprisonment and a $10,000 fine. Current statute prohibits cellular phone eavesdropping but does not specifically address any other wireless phone violations. "Cellular phone cloning is a $500 million illegal industry. . . . This is a very, very serious issue, and I believe as a public policy it warrants our attention," Brown has said. Cellular phone cloning occurs when someone acquires a phone identification number -- assigned by the manufacturer -- and alters it. Cloners either use the number or provide it to a computer network system for others to use. Some use a combination of scanners, cables, computer chips, and software to create identification numbers themselves. (See Feb. 2, 1996, SessionWeekly, page 8, and Feb. 23, 1996, SessionWeekly, page 9) HF2526 now heads to the governor for consideration. DEVELOPMENT Local development plans Local governments would be encouraged to establish a sustainable development plan under a bill passed by the House March 8. The vote was 86- 46. HF1800, sponsored by Rep. Dee Long (DFL- Mpls), directs the state to draft a "model ordinance" for sustainable development and make it available to local governments. The bill passed the House but didn't make it out of conference committee last year. Sustainable development -- a concept promoted by Gov. Arne Carlson -- involves the development of land and waters that minimizes environmental damage and provides for economic opportunities and community well-being. The goal of sustainable development is to preserve the environment for future generations. There are no funding or enforcement provisions in the bill. Local governments adopting the model ordinance, however, would be advised that it would be the minimum regulation to guide all sustainable development. The bill now moves to the Senate. ELECTIONS Ballot changes proposed A bill setting the framework for fusion candidates -- those nominated by more than one political party -- to appear on the ballot is headed for the House floor. HF3123, sponsored by Rep. Gene Pelowski (DFL-Winona), was approved March 12 by members of the House Ways and Means Committee, who had earlier balked at the proposal. The bill is part of the fallout of an Eighth U.S. Circuit Court of Appeals decision issued in January that wiped out state election law forbidding fusion candidates on the ballot. The court ruling followed events that occurred during the 1994 re-election campaign of Rep. Andy Dawkins (DFL-St. Paul). Dawkins accepted nominations from both the DFL and the Twin Cities Area New Party. He asked to be listed on the ballot as the nominee of both parties, but the secretary of state refused, saying that state law did not allow it. The New Party filed suit in the case, and state law barring fusion candidacies was subsequently found to be unconstitutional. Pelowski's bill would provide a short-term solution to deal with fusion candidacies. The bill, which includes a June 1997 sunset, would allow more than one nominating party to be listed under a candidate's name on the ballot. With or without the bill, fusion candidates would still have to be allowed under the court decision. Such candidates could have their name appear on the ballot two or more times -- once for each nomination they accept -- if no new law is passed this year. "You have a choice of having it happen in an orderly manner or having it happen in a disorderly, chaotic manner," Pelowski said. The Ways and Means Committee tabled the bill March 8 after members voiced numerous concerns about the implications of allowing candidates to list simultaneous nominations. Major concerns among committee members included the effects that fusion candidacies could have on ballot placement, public financing for campaigns, and the proliferation of minor parties. The bill was lifted from the table and passed only after committee members heard that an appeal of the court decision is likely. The attorney general expects to file an appeal to the U.S. Supreme Court before the April deadline for such action, said Eric Johnson, executive assistant to Minnesota Attorney General Hubert H. Humphrey III. Although the state likely would seek a stay from the court to bar fusion candidacies until a final ruling on the issue is made, it is unlikely the court would issue such an order, according to Johnson. That means fusion candidacies are likely to appear on the November 1996 ballot. Under Pelowski's bill, a candidate would be allowed to be listed as the nominee of one major party along with one or more minor parties or as the nominee of multiple minor parties. A single candidate would not be allowed to be listed as the nominee of more than one major party. In Minnesota, there are three official major parties -- Democratic-Farmer-Labor, Republican, and Independence. The candidate and the state chairperson of each nominating party would have to approve a fusion candidacy. The bill now goes to the House floor. EMPLOYMENT Time off for kids A bill to allow parents to take a few hours of unpaid time off to attend their child's school play or parent-teacher conference -- regardless of how long they've worked for a company -- passed the House March 13. The vote was 129-3. The proposal (HF2682), sponsored by Rep. Mindy Greiling (DFL-Roseville), would expand current law which allows parents who have worked for a company for at least a year to take unpaid leave for a school activity. Committee testimony has indicated that at least one company has strictly interpreted the law and denied an employee's request to attend a child's school lunch because the one-year requirement was not met. As in current law, the bill would allow parents up to 16 hours during a 12-month period to attend their child's school-related activities, provided the activities cannot be scheduled during non-work hours. The bill also keeps provisions in current law that in certain cases require an employee to "provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer." Employers are not required to pay for the leave, but if the employee has accumulated vacation time or other paid time off, they may use it. (See Feb. 9, 1996, SessionWeekly, page 8) The bill now moves to the governor for consideration. Livable wage A bill requiring certain companies that receive $25,000 or more in state aid to pay their employees at least $7.21 per hour is on the way to the House floor. HF2562, sponsored by Rep. Karen Clark (DFL- Mpls), was approved March 13 by the House Ways and Means Committee. The bill would affect medium- and large-sized companies that receive $25,000 or more in state aid through loans, grants, or tax increment financing. Also, the livable wage requirement would affect large non-profit organizations with a salary ratio between the highest- and lowest-paid employee of 25 to 1 or greater. The bill would exempt other nonprofits, businesses employing 20 people or less, and companies that have received bona fide offers of financial assistance to relocate to another state. The bill requires qualifying companies to pay wages equal to federal poverty level guidelines for a family of four, now at $7.21 per hour or about $15,000 a year. (See Feb. 9, 1996, SessionWeekly, page 18 and Feb. 23, 1996, SessionWeekly, page 10) ENVIRONMENT Reimbursing the state A bill that aims to help the state collect more insurance money to cover the costs of cleaning up contaminated landfills passed the House March 8. The vote was 123-6. HF2588, sponsored by Rep. Jean Wagenius (DFL-St. Paul), repeals part of a 1993 law that was passed to simplify the clean-up of contaminated landfills. The 1993 Landfill Cleanup Act came after a rash of lawsuits were filed in connection with the contaminated Oak Grove landfill, just north of the Twin Cities. That law took the responsibility for cleaning up contaminated sites away from landfill owners and made the state responsible. But the attorney general's office found the 1993 act brought many problems, especially in recovering costs from insurance companies. Under that law, the state would determine an insurance company's liability in a contaminated landfill case by using general statewide market share percentages. For example, the state would determine that an insurance company owed 25 percent of the costs of cleaning up a given landfill because 25 percent of that company's business was in business liability insurance. The insurance company, in some cases, would then argue they weren't liable because none of their market share includes landfill operators. Wagenius' bill, carefully negotiated between the attorney general and the insurance industry, establishes a new process. Instead of using market share to determine what an insurance company should pay, it addresses each contaminated landfill on a case-by-case basis to determine liability. Proponents say this will make it easier for the state to recover clean-up costs from insurance companies. The case-by-case approach would mean extra work for the attorney general's office and the Pollution Control Agency (PCA). A total of $689,000 is included in the omnibus environment and natural resources finance bill (HF3231) to cover additional costs. A total of $425,000 would go to the attorney general's office and $264,000 to the PCA. HF2588 now goes to the Senate. ETHICS Ethics changes Conduct complaints against members of the House of Representatives will become public more quickly under new rules adopted by the House Ethics Committee March 13. Previously, complaints filed against members remained confidential unless the Ethics Committee, in private session, found probable cause to pursue the matter. In the past, a probable cause hearing was opened to the public only if all the parties involved requested it be made public. Under the new rules, a complaint and any evidence that goes with it becomes public as soon as the committee schedules a preliminary hearing to determine probable cause. Hearings still may be closed, however. Under the new rules, the committee can meet in closed session if two-thirds of the members vote to do so to determine probable cause, to consider a member's medical or other health records, or to protect the privacy of a victim or a third party. The change was prompted by a recent complaint filed against Rep. Jeff Bertram (DFL- Paynesville). The complaint was made public (in violation of House rules) by Rep. Tom Workman (R- Chanhassen), a former member of the Ethics Committee. In a separate move March 13, the Ethics Committee voted to open all the records and testimony relating to the Bertram complaint. Hearings to determine whether there is probable cause for disciplinary action were expected to continue through the weekend. GAME AND FISH Omnibus game and fish It would no longer be a crime to put a sunfish in your home aquarium under the omnibus game and fish bill passed by the House March 13. The vote was 131-0. The proposal (HF2799/SF2445*), sponsored by Rep. Bob Milbert (DFL-South St. Paul), would make a number of changes to the state's hunting and fishing laws. Under current law, transplanting a game fish from a lake to an aquarium is a misdemeanor, punishable by up to 90 days in jail and a $700 fine. Rep. Charlie Weaver (R-Anoka) sponsored an amendment to allow those under age 16 to take by angling "fish for display" in aquariums. Weaver's proposal limits the take to no more than four fish of each species, none of which can exceed 10 inches in length. Not all fish can be taken, however. The bill specifies that only largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie, bluegill, pumpkin seed, green sunfish, orange spotted sunfish, and black, yellow and brown bullheads are permitted. Rep. Darlene Luther (DFL-Brooklyn Center) convinced her colleagues that Minnesotans of all ages should be able to add a fish to their aquariums without penalty. Her amendment passed on a voice vote. Other provisions in the bill would: -- repeal a forthcoming DNR safety rule that makes life preserver requirements more stringent. Amendment sponsor Rep. Mark Holsten (R- Stillwater) said that current law is adequate. Holsten argued that owners of certain boats should not have to spend money on extra life preservers. -- allow nonresidents under the age of 16 who possess a firearm safety certificate or equivalent document from their home state to take small game (except turkeys) in Minnesota with firearms or a bow and arrow. If kids are under the age of certification, they can take the game if accompanied by a parent or guardian, said Milbert; -- allow hunters to quarter a deer where they kill it, assuming the deer is appropriately tagged. Hunters would have to present the quarters together, with the head attached to one of them, for registration; -- permit full-time students who are non-residents to take big game, except moose, if they buy a resident big game license. Current law only allows these students to take fish or small game; -- permit the possession of trout or salmon without the purchase of a license stamp on certain lakes where there are no limits and the methods of taking fish go beyond traditional hook and line. Currently, this benefit is given only to anglers with a 24-hour license. The bill now goes to conference committee. GOVERNMENT Chicano-Latino council A bill to bring greater geographic diversity to the Minnesota Spanish-Speaking Affairs Council and change the group's name passed the House March 11. The vote was 118-15. Rep. Matt Entenza's (DFL-St. Paul) bill would increase the number of members on the governor- appointed council from seven to nine and would add two non-voting members, one from each legislative body. Eight of the nine voting members of the council would represent Minnesota's eight congressional districts; the ninth would be an at- large representative. Under the proposal (HF2193/SF1902*), the group would be renamed the Minnesota Council on Affairs of Chicano/Latino People. The term "Chicano/Latino" is defined as a person born in or a descendent of people from Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Panama, Paraguay, Puerto Rico, Uruguay, or Venezuela. The bill also makes minor changes to other groups that represent minority interests, including the Asian-Pacific Minnesotans, Black Minnesotans, and Indian Affairs councils. "They believe the changes will allow them to more effectively serve the members of the minority populations in Minnesota," said Entenza. The Spanish-Speaking Affairs Council has expressed concern that their seven members don't represent outstate interests. Entenza's original proposal would have increased the council from seven to 11 members, but an amendment by Rep. Kevin Goodno (R-Moorhead) would make it a nine- member panel. Goodno said his amendment was a "compromise" between Entenza's bill and those who criticized an increase in members and those who wanted to make other changes to the group. Rep. Steve Sviggum (R-Kenyon) said he objected to increasing members to expand representation because "there is nothing in current law that prevents geographic representation." Entenza noted that the current members, who are appointed by the governor, predominantly represent the metro area. He also said the governor supports the bill. The bill now moves to conference committee. HEALTH Hospital stays after birth A bill to allow mothers and their newborn babies the option to stay in the hospital a little longer is on its way to Gov. Arne Carlson. The House passed a compromise version of the bill March 11 by a vote of 114-18. The Senate passed it March 12 by a vote of 53-6. HF2008 would require insurance companies to cover a minimum of 48 hours of inpatient care following an uncomplicated vaginal delivery and at least 96 hours of inpatient care following an uncomplicated cesarean section. Currently, many mothers and newborns are being sent home 24 hours after delivery and doctors worry about the health risks to both patients. The compromise bill eliminates a House provision that required a physician, in consultation with the mother, to determine that the longer hospital stay be medically necessary. Under existing law, hospital patients can sign a waiver to be released whenever they dictate, so a mother could still leave before 48 or 96 hours. No doctor or health plan, however, could force a mother and child to leave before 48 or 96 hours elapse following the delivery, depending on the method of delivery. The compromise bill also includes Senate language which prohibits health plans from providing any compensation or other non-medical benefit to encourage a mother and newborn to leave the hospital early. The provision represents a preemptive strike. While lawmakers acknowledged that this practice currently doesn't occur in Minnesota, it does it other states. Should a mother leave the hospital before 48 or 96 hours have elapsed, the bill says her insurance company must provide coverage for the option of one home visit by a registered nurse. Services provided by the nurse would include parent education, training in breast and bottle feeding, and conducting any necessary and appropriate clinical tests. The bill would become effective the day following final enactment to more quickly accommodate mothers and babies. It does not apply to businesses that are self-insured or to health plans administered by the state, such as MinnesotaCare or Medical Assistance. (See Jan. 19, 1996, SessionWeekly, page 10, Jan. 26, 1996, SessionWeekly, page 11, Feb. 2, 1996, SessionWeekly, page 12, and March 8, 1996, SessionWeekly, page 7) HOUSING Problem tenants A bill that aims to help landlords and residents fight drugs and prostitution is on its way to the governor for consideration. HF2040 passed the House Feb. 21. The vote was 129-2. It passed the Senate March 12 on a 61- 1 vote. The proposal, sponsored by Rep. Karen Clark (DFL-Mpls), would make it easier for community members to get the names and addresses of suspicious drivers in the neighborhood. It also attempts to give landlords an easier route to both keeping out bad tenants and evicting drug dealers. The bill's provisions include: -- waiving the $1.50 fee required to obtain motor vehicle registration information. Community members who work to fight crime would be able to learn the identities of suspicious-looking drivers in their areas at no charge, Clark said. Neighborhood groups would use this information to send "notice" letters to the drivers which would put them on alert that they are being watched. Minneapolis police already do this, Clark said, but the bill would allow more letters to be sent by enlisting the help of community members; -- adding to lease provisions the "purchase" of a drug as grounds for eviction. According to Clark, community crime officers have said there is a loophole under current law that prevents landlords from evicting tenants due solely to a drug purchase. She said it is easier to evict when drugs are found in a tenant's apartment, for instance; and -- specifying that tenant screening agencies must get the full name and date of birth of those seeking housing. Full names and dates of birth are required by the FBI to do criminal history searches. Full names are also required to do an accurate background check on previous residences, Clark said. She said many landlords end up with problem tenants because they didn't get such information before offering the tenant a lease. HUMAN SERVICES Welfare reform A welfare reform bill including new residency and work-search requirements was approved March 13 by the House Ways and Means Committee. Under HF2609, sponsored by Rep. Bob Anderson (DFL-Ottertail), most individuals would have to reside in Minnesota for 30 days before they could receive General Assistance or Aid to Families with Dependent Children (AFDC). The bill also includes $5 million to subsidize child care costs for more low- and moderate-income families, thus removing a barrier to their returning to work. Under the bill, the Department of Human Services could, to the extent child care funding is available, require both caregivers in a two-parent household to work if they are receiving AFDC and their children are age 6 or older and not in kindergarten. The provision is necessary to meet federal guidelines. Last year, the federal government warned the state of possible sanctions because not enough two-parent welfare families in the state were working. Another provision in the bill would allow counties the option of starting up a new jobs program for AFDC recipients called MNJOBS. Along with state agencies, counties would work with local public and private employers and work force councils to operate the employment program. In counties that choose to use the program, AFDC recipients would be required to participate or face sanctions, such as the loss of their public assistance benefits. Welfare recipients would complete a face-to- face orientation on the program within 10 days and be advised of their need to work. Those on AFDC would be required to begin searching for a job within 30 days of the MNJOBS orientation and job hunt for at least 30 hours per week for up to four weeks. People who are working at least 20 hours a week would have to conduct a job search only for 12 hours per week for eight weeks. The bill now moves to the House floor. (See Feb. 9, 1996, SessionWeekly, page 13) INSURANCE Screening for cancer The House passed a bill March 12 that would require insurance companies to cover prostate cancer screening. The vote was 103-29. HF2394, sponsored by Rep. David Tomassoni (DFL-Chisholm), would require insurance companies, under certain conditions, to pay for a blood test used to detect prostate cancer. Insurers would have to cover the prostate specific antigen (or PSA) test for all men older than 50 and for men older than 40 who have symptoms of the disease or are in a high-risk group. The test is already covered by about half of the health insurance companies, according to Tomassoni. He argued it is too important to be denied to any policyholder. "Prostate cancer is a major public health problem among male patients in the U.S.," Tomassoni said. The bill drew criticism from some who claim the mandate will drive up insurance costs to consumers. "Insurance companies don't pay for medical costs," said Rep. Leroy Koppendrayer (R-Princeton). "People who buy [insurance] policies pay for medical costs." The bill now goes to the Senate. (See Feb. 2, 1996, SessionWeekly, page 14 and Feb. 9, 1996, SessionWeekly, page 14) Day care coverage The House passed a bill March 11 stating that a homeowners' insurance policy does not cover liabilities arising from a home day care operation. The vote was 72-61. Bill sponsor Rep. Becky Lourey (DFL-Kerrick) said the measure would help people who run day care services in their homes. Insurance companies have, in some cases, been held liable under homeowners' policies for claims stemming from home day care, Lourey said. The result is that some insurance companies are refusing to issue homeowners' policies to people who provide day care services in the home. Some day care providers must now choose between having no homeowners' insurance or giving up their day care business, Lourey said. The bill would simply clarify that homeowners' policies do not cover day care unless it is specifically stated in the policy. HF3078/SF2624* now goes to the Senate. LAW Data practices act A bill to better protect the identities of students and loosen the red tape when it comes to picking up a library book passed the House March 12. The vote was 127-6. The bill, sponsored by Rep. Mary Jo McGuire (DFL-Falcon Heights), is the omnibus data practices bill, which deals with privacy issues and the release of information. Among its many provisions, the bill (HF2386/SF2410*) would: -- allow a family or household member to pick up a reserved book at a library on behalf of a patron. Patrons, however, could request that books only be released to themselves. Current law prohibits any release of data that links a patron's name with a particular book; -- allow the release of private welfare data to the Department of Children, Families, and Learning to determine whether children are eligible for free and reduced-price school meals and to help calculate more accurately the number of children receiving Aid to Families with Dependent Children; -- allow the Department of Health or a local board of health to receive the current address and telephone number of a welfare recipient in order to locate the person when there is reason to believe the individual is carrying a disease or is at risk of illness; -- expand a 1995 law that states that heads of state agencies, their assistants, or deputies who have a complaint or charge lodged against them will see investigative information about the charge become public after the investigation is completed. If they resign or are fired before an investigation is completed, the information also becomes public. The bill expands officials covered under the law to include bureau chiefs of state executive departments, and the chief executive officer, deputy, and assistant chief executive officers of executive agencies that are not state departments; -- provide that when a school designates school directory information (information about students that can be released to the public), it must give students and parents notice that they have the right, under federal law, to refuse to release any information for the directory; and -- authorize vital records officials to release (as long as the mother grants permission) the name and address of an unmarried mother and her child's date of birth to a family services collaborative. The objective is to connect new families in need with social services. A conference committee will work out the differences between the House and Senate versions of the bill. License suspension The Department of Public Safety would have to provide two weeks notice before suspending a driver's license under a bill passed March 13 by the House. The vote was 127-5. Bill sponsor Rep. Peggy Leppik (R-Golden Valley) said the measure is necessary to give people who face a license suspension "some time to put their lives in order." Under the bill (HF2012/SF1797*), a license suspension would not take effect until at least 14 days after the department mails notice to the driver. Leppik said the bill stems from the troubles of one of her constituents. The constituent received only a one-day notice before her license was suspended. The woman relied on her car in her career. As a result, such short notice left her unprepared to get by without driving, Leppik said. New notice requirements in the bill would not apply if the delay "poses a threat to public safety." The bill now goes to the governor. LOCAL GOVERNMENT Wastewater services A bill that aims to streamline the way the Metropolitan Council bills local government for wastewater services unanimously passed the House March 13. The vote was 132-0. The proposal (HF2556/SF2194*), sponsored by Rep. Mark Mahon (DFL-Bloomington), frees the council from many state laws that have governed how they bill and collect for municipal waste water services. The measure adopts the recommendations of a council task force and, Mahon said, it will help the council charge local governments more accurately and work more efficiently. "This simplifies the system of billing and it doesn't include a revenue change," said Mahon. The council charges local governments in the seven-county metro area for wastewater treatment centers and interceptors, which are pipes that are part of a city's infrastructure. The council does not bill local governments for smaller pipes that carry water to and from private homes. Mahon's bill would establish a cash flow management account and would allow the council to make direct payments to local governments for the acquisition of wastewater facilities. Currently, the council doesn't make direct payments but rather offers a credit to the local government against water service costs. The bill also would use actual water flows to determine billing amounts instead of estimated flows, which are currently used. This provision would reduce administrative work between the council and local governments. Currently, the council and local governments spend a lot of time accounting for discrepancies between estimate flows and actual water flow. The bill now goes to conference committee. SAFETY Stopping for pedestrians Minnesota drivers had better stop for pedestrians in a crosswalk or they will face a criminal charge under a bill passed by the House March 12. Current law requires only that drivers slow down and yield the right-of-way to pedestrians in crosswalks where there are no traffic signals or where signals are not operating. Bill sponsor Rep. Jim Farrell (DFL-St. Paul) said his bill (HF2930/SF2054*) would require drivers to always stop in such circumstances, not just slow down. First-time offenders who fail to stop would be guilty of a misdemeanor, punishable by up to 90 days in jail and a $700 fine. Drivers who violate the law within a year of a previous conviction would be guilty of a gross misdemeanor punishable by up to one year in jail and a $3,000 fine. Statistics show that in 1994, the most recent year for which data is available, three Minnesotans were killed as they legally tried to cross streets in crosswalks; another 245 were injured. "What we're trying to do is change people's behavior. We have to bring people back to the concept of Minnesota Nice and start looking out for pedestrians in crosswalks," Farrell has said. The Minnesota Senior Federation strongly supports the legislation, according to Farrell, who also noted that "this bill is important to those people who are not able to move quickly." The bill also would require the Department of Public Safety to revise the state driver's manual to include a section explaining when a driver must stop to yield to a pedestrian and the penalties for failing to do so. In addition, the department would have to produce a series of public service announcements to educate the public on the law's changes. The announcements would be aired on radio and television, according to the bill. (See Feb. 23, 1996, SessionWeekly, p. 19) The proposal now moves to the governor for consideration. TRANSPORTATION Antique automobiles A new proposal for old cars sped to passage in the House March 13 on a vote of 132-0. The bill (HF2098/SF1793*), sponsored by Rep. Richard Pellow (R-New Brighton), would allow owners of antique automobiles to display a single original license plate on the rear of the vehicle if the plates were issued in 1911, 1944, 1945, or 1946. Those were the years that the state issued only single plates, said Pellow. State efforts to conserve scrap metal led to the single plate policy during those years, according to history buffs. Current law allows owners of antique automobiles to display original plates, if in good condition. However, another law that requires two plates to be displayed supersedes the original plate law, leaving behind owners of vehicles made in the single-plate years. Owners of antique automobiles wanted the change in the law so they don't have to attach new plates, which reduce the vehicles' authenticity and aesthetic value. The bill now goes to the governor. A closer look . . . Prison, science museum among bonding priorities State prisons, higher education, and the Science Museum of Minnesota would benefit from big-ticket projects included in a bonding bill advancing in the House. The bill would spend $70 million -- considerably less than what was originally proposed -- to construct a new prison in Rush City, Minn. Another $30 million would be committed to the construction of a new science museum along the Mississippi River bluff in downtown St. Paul. And bond revenue would be used to build a $29.5 million library on the St. Cloud State University campus and to make $6.5 million worth of improvements at the University of Minnesota's academic health center. The 1996 bonding bill (HF3273), sponsored by Rep. Henry Kalis (DFL-Walters), emerged from the House Capital Investment Committee March 11 and was approved by the Ways and Means Committee March 12. The measure now moves to the House floor. The bill would allow the state to sell bonds to raise revenue for public works projects across the state. More than $1.3 billion in bond funding was requested this year by state agencies, local governments, and lawmakers. Gov. Arne Carlson recommended providing $598 million. The House bill is for $542 million, and a bill progressing in the Senate would authorize $564 million. Kalis called the House bill a "sensible piece of legislation" that is "something we can live with and something our children won't have to pay off for the rest of their lives." New prison The $70 million for a new prison included in Kalis' bill comes in well below the $100 million requested by the Department of Corrections. "We don't want to spend any more than we have to for a new prison," Kalis said, who argued the prison can be built for less than the amount requested by the corrections department. Bond funds would be used to construct and equip a maximum-security facility to house up to 800 inmates. The bill calls for creation of a 13-person, blue-ribbon commission including officials from the Legislature and the administration to study the growing demand for prison beds in the state. The commission would be required to consider alternatives to new prison construction, including additions to existing prisons, conversion of other state-owned buildings to corrections use, and purchase or lease of the privately owned correctional facility in Appleton, Minn. Under the bill, money to build the Rush City facility would not be made available until the commission looks at alternatives and reports to the governor. In 1994, the Legislature spent $2 million to design plans for the new prison. Originally, it was slated for Braham, Minn., but environmental issues such as the impact on area wetlands pushed the project east to neighboring Rush City, about 50 miles north of the Twin Cities. The governor recommended spending $92 million for the new prison. The Senate bill includes $89 million for the project. Science museum The Science Museum of Minnesota's plans to construct a new museum on St. Paul's riverfront would get a major boost from the state under the House bill. The bill would devote $30 million to the effort to build a new science museum in downtown St. Paul. But the bill stipulates that the museum garner $59 million in funding from other sources before the state money is released. Construction of the new museum is expected to cost a total of $96 million. The city of St. Paul already has promised to provide $14 million for the building. The rest of the project's price tag would come from private donors. The museum requested $33.8 million from the state. The governor recommended providing that amount, and the Senate bill would meet the full request. The science museum project is considered by many as a crucial step the effort to revitalize downtown St. Paul. The new facility would be built along the river bluff east of the Civic Center parking. Elderly prisoners The House bill includes $1 million to make room for 100 geriatric prisoners at Ah-Gwah-Ching, a state-run nursing home near Walker, Minn. The money would be used to design and remodel the facility for correctional use. Elderly inmates would be transferred from the state's medium-security prison in Faribault. Older inmates represent a growing population and currently number about 250 (or 2 percent) of Minnesota's prison population. The governor, and the Department of Corrections, would rather spend $1.5 million in state bonds to make room for 210 new minimum security prisoners and 90 elderly inmates at the Brainerd Regional Human Services Center. Dana Baumgartner, a health care administrator with the Department of Corrections, has said that just to house the elderly inmates at Ah-Gwah-Ching would cost $1.5 million. For the same dollar amount, the state can house both the elderly and an additional 210 minimum security inmates at Brainerd, he has said. Higher education Under the House bill, a total of $69 million would be devoted to the Minnesota State Colleges and Universities (MnSCU) system and another $44 million to the University of Minnesota. The $29.5 million earmarked for a new library at St. Cloud State University would account for nearly half of the MnSCU bonds. The bill also would spend $5 million on facility improvements at Anoka-Ramsey Community College, $2.5 million to construct a dormitory at Fond du Lac Community College, and $1 million to merge the Hibbing community and technical colleges on the community college campus. The University of Minnesota would receive $12 million to revamp Haecker Hall, a 1923 building housing the animal science department on the St. Paul campus. Another $2.5 million is included in the bill for design of a new library at the University of Minnesota-Duluth. Also, the bill includes $6.5 million for the U of M's academic health center, which includes the medical school and dentistry, nursing, public health, and veterinary programs. The money would be used to construct a new building for the magnetic resonance imaging program and to remodel space for the molecular and cellular therapeutics program. Both projects were part of the governor's recommendations, but the House bill does not include an additional $3 million Carlson wanted for pre-design of a transit way between the U of M Hospital and Fairview Riverside Medical Center. The Senate bill includes no funding for academic health center projects. After-school enrichment The House bill includes $20 million to support after-school enrichment programs for children in grades 4 to 8. Grants would be issued to improve or construct parks and buildings which would, in turn, be leased to non-profit community organizations running programs that help at-risk children. A total of $5 million in grant funds would be used in Minneapolis and another $5 million would go to St. Paul. The remaining $10 million would be used in suburban and rural areas with high concentrations of students on free and reduced- price lunch programs. The bill matches the governor's recommendation for the after-school programs. Agricultural loans The House bill includes $41 million earmarked to revive farm loan programs overseen by the Department of Agriculture. Funds would be used for Rural Finance Authority (RFA) loan programs. The loans are designed to aid farmers -- especially young, beginning farmers -- by providing them affordable credit. The RFA program was established in 1986 to bolster Minnesota's agricultural production. The RFA did not receive bond funding in 1994, the last time major bonding legislation was approved. As a result the loan programs were discontinued. The House bill matches the governor's recommendation for the RFA. Capitol repairs The House bill includes $6.2 million to repair deteriorating structural elements in the State Capitol. Bond funding would pay for the replacement of corroded support structures under the terraces that ring the Capitol and repair of failing stone structures in the lantern atop the Capitol dome. Serious damage to the terrace support structures was discovered during 1994 construction of accessibility ramps at the south carriage entry on the Capitol's ground floor. Water leaking through stone paving above had corroded some of the support beams so badly that even a moderate swing of a hammer could knock a hole through the steel. Subsequent inspections showed moderate to heavy damage to the beams supporting terraces on all sides of the building. Repairs would also be made to the lantern, a 39-foot tall columned structure that sits atop the Capitol dome. Topped by a gold gilded roof and ornamental ball, the lantern features 12 columns clad with marble and precast concrete panels. Inspections conducted during 1994 and 1995 revealed serious cracking in the stone and marble slabs and in the joints between them. The Capitol Area Architectural and Planning Board requested $12.7 million for Capitol repairs. Gov. Arne Carlson recommended $4.8 million be included in the bonding bill. Radio communication Kalis' bill includes $12.5 million for a metropolitan-area public safety radio communications system, which would allow all metro public safety personnel to communicate through a common radio link. Bond money would be used to assist in construction of the backbone of the system, including radio towers, transmitters, and the computers needed to run the system. The $12.5 million would cover just a share of the system's total cost. In 1995, the Legislature passed a bill creating a Metropolitan Radio Board under the Metropolitan Council and allowing the Metropolitan Council to issue up to $13 million in bonds to assist in the construction of the system. The Metropolitan Council won't issue the bonds without a guarantee of state participation. Currently, communication among police, fire, and ambulance personnel (as well as state public safety units like the highway patrol) requires patching across several systems, making it difficult for separate public safety units to talk with one another. Mighty Ducks The House bonding bill would provide $9 million for ice arenas as part of a program known as "Mighty Ducks." The Minnesota Amateur Sports Commission would be able to use $7.5 million for grants to local communities for construction of new ice arenas. An additional $500,000 would be for grants for renovation of arenas that are at least 20 years old. Another $1 million would be available for construction of a national curling center on the Iron Range if the project is endorsed by the U.S. Olympic Committee. The "Mighty Ducks" program was initiated by a 1995 law aiming to expand opportunities for girls and boys participating in winter sports such as hockey and figure skating. (The name is taken from a movie about a group of misfit youth hockey players.) The governor recommended $18.8 million be included in bonding legislation for the ice arena program. The Senate bill would provide just $4 million. Convention center The House bill includes $13.4 million for the planned expansion of the Minneapolis Convention Center, less than half of what the city is seeking in state aid. Minneapolis requested $33.8 million from the state to help finance an expansion project expected to carry an eventual cost of $162 million. The Senate bill would provide $12 million for the convention center. The governor, on the other hand, recommended lawmakers include no money for the project in this year's bonding legislation. -- Nick Healy Rep. Howard Orenstein . . . Civil rights champion trades lawmaking for family Rep. Howard Orenstein's cluttered office hints at why he's stayed in the House for 10 years. Newspaper-covered display boards tell of victims shot dead -- props used to pass gun control laws. There's a human rights award he received for pushing groundbreaking civil rights laws. Charts on government efficiency reveal another of his key interests. But the St. Paul DFLer's office also reveals to why he's leaving after this session. Three bright-eyed kids and his wife, Barbara Frey, smile from behind a dozen picture frames. They take up an entire corner of the room. Yes, Orenstein says he's grown frustrated with the pace of change in state government. And yes, higher office may be in his future. But family is the main reason he's stepping down, he says. "It's no secret I've been frustrated both about local politics and the Legislature. But I don't think I'd be leaving just out of frustration because I do think it's important to fight these battles, said Orenstein, 40. "I've got three children under eight and I've got a strong marriage that I'd like to keep strong so my ability to put in the time and bring the passion to the debate that I like to have is less than it used to be. So it's a good time to let someone new come in." Family -- specifically, the expected birth of his third child -- was his reason for not running for mayor of St. Paul in 1993 after initially expressing interest. The man who got hooked on politics while door-knocking for former Tennessee Senator Jim Sasser has done a lot since he was elected to District 64B in 1986. He's sponsored civil rights measures that were later passed by Congress. He has fought passionately for gun control and access to abortion clinics for those searching for services and has laws on the books to prove it. He increased the state's efforts to accommodate people with disabilities. He was mentioned as a possible successor to former Speaker of the House Dee Long (DFL-Mpls). "We're losing one of our very best legislators. . . . I really don't know who will be able to take his place," said Rep. Andy Dawkins (DFL-St. Paul), who tried to talk Orenstein out of leaving "at least half a dozen times." Crucial to his success, supporters say, has been his hard work, creativity, and respect for others. His quick, dry sense of humor has aided him to a lesser degree, they say. "He used humor very effectively to get people to like him so that he could be effective in his legislative goals," said Dawkins. "And he knows how to work the floor, how to neutralize the other side." On his key issues, Orenstein has a habit of knowing daily schedules days in advance, knowing every amendment that's up and always having an amendment in hand. As chair of the Government Efficiency and Oversight Committee, he's known for extending meetings to ensure everyone who shows up gets to testify. "He has respect for people, including those with whom he has great philosophical differences," said Jane Vanderpoel, his committee administrator. Rep. Charlie Weaver (R-Anoka) has disagreed with Orenstein on some big issues like gun control and abortion. Still, the two have always been able to talk things out, Weaver said. "One of Howard's talents is that he doesn't personalize issues. Too many of us here tend to do that," Weaver said. "He has brought to this institution integrity, dedication to his issues and the notion that principles are worth fighting for." Orenstein also helped pass gun control legislation in 1993, including an expansion of the waiting period and an increase in penalties for selling guns to minors. He thinks he's affected the firearms debate. "Our gains have been very small," he said. "But I think it's a fairer fight now. . . . Before the visibility was raised, the gun lobby would pretty much operate with impunity." In addition, Orenstein made Minnesota the first state in the nation in 1988 to include sexual orientation in the category of hate crimes -- two years before Congress did the same. He sponsored civil rights laws covering people who are disabled in 1989 -- two years before Congress. Orenstein's jobs rights bill, signed into law in 1990, restored employees' rights to sue for discrimination in some instances. The measure put him on the front of The New York Times. It was the most sweeping effort nationwide to lessen the impact of several Supreme Court decisions that rolled back employees rights to sue based on discrimination. While he's got his critics for these high-profile efforts, Orenstein is considered a visionary by some. "I think he takes seriously what Supreme Court Justice Louis Brandeis referred to as the states as laboratories of experimentation," said Professor Steve Hatting of the University of St. Thomas' political science department, who has voted for Orenstein. "I think he's got the talent and the ability and the commitment to public life that we really need in this state," Hatting said. "Whatever his future plans are, I think a lot of people hope they would include a second thought about public office." -- Kendall Anderson Noted achievements: The four legislative accomplishments Orenstein is most proud of include his Youth Works community service program, the 1993 clinic access law, changes in the gun control debate, and his Joint Property Tax Advisory Committee, which aims to streamline St. Paul and Ramsey County government. The 1993 clinic access law, aimed at preventing violence by the anti-abortion group Operation Rescue, increased penalties to anyone blocking access to a clinic. It was one of the strongest laws in the nation when it was passed. More bill listings . . . 1996 House files incorporated into other bills Editor's note: This is the second installment of an unofficial listing of House files that have been incorporated into other bills. More bill listings may appear in the next issue of the SessionWeekly. Ongoing floor and conference committee action may well alter the makeup of these bills before they reach the end of the legislative process. In many cases, the language found in the major bills may not be exactly as it appears in the original House files. The list was compiled by the House Public Information Office from a variety of sources, including committee administrators, committee legislative assistants, researchers, and fiscal analysts. An asterisk after a House or Senate file number indicates the version of the bill under consideration. If you're interested in following conference committee action (and have access to e-mail), you can subscribe to a service that will automatically e- mail an updated schedule of meetings. To subscribe, simply address your e-mail message to: listserv@hsched.house.leg.state.mn.us In the body of the message, enter: subscribe h-schedules If you have questions, call the House Public Information Office, (612) 296-2146, or the Senate Information Office, (612) 296-0504. ECONOMIC DEVELOPMENT As of 3/14/96 Omnibus economic development, infrastructure and regulation appropriation bill HF3243*/SF2852 (Rice) HF1229 (Osthoff) Job Skills Partnership Board. HF2268 (Dawkins) Community housing rehabilitation and affordable rental investment programs provided, local project approval required, homeless assistance provided, bonds issued, and money appropriated. HF2641 (Bakk) Voyageur recreation area established, and board established. HF2668 (Anderson, I.) Cold weather research needs study required by Department of Trade and Economic Development, and money appropriated. HF2690 (Clark) Federal emergency state grant program state supplemental program established. HF2737 (Lourey) Vocational rehabilitation employment support services for persons with mental illness provided additional funding, and money appropriated. HF2894 (Mahon) Economic recovery grant use conditions imposed. HF2924 (Wenzel) Morrison County Rural Development Finance Authority grant provided, and money appropriated. HF2927 (Kalis) Farmamerica in Waseca County funded through the state historical society, and money appropriated. HF2957 (Jennings) Dairy cattle electric current study program extended, and money appropriated. HF3044 (Osthoff) Humanities Commission appropriated money for moving expenses, and building operations and maintenance. HF3089 (Rukavina) Iron Range off-highway vehicle recreation area in St. Louis County established. HF3157 (Rice) Historical society compensation policies modified, and money appropriated. SF1670 (Kroening) Omnibus jobs, housing, and economic development appropriations. ELECTIONS As of 2/8/96 Omnibus elections bill HF289/SF315* (Jefferson) HF167/SF35* (Jefferson) Voter registration and absentee voting requirements modified, and penalties imposed. HF318*/SF997 (Lieder) Fair campaign practices; campaign material candidate information provisions modified. HF999/SF36* (Greiling) Ethical Practices Board definitions clarified, enforcement powers strengthened, lobbyist activity disclosure requirements expanded, contribution report requirements modified, campaign finance requirements modified, and penalties provided. HF2275*/SF1895 (McCollum) Fair Campaign Practices Act violation provisions and candidate requirements modified. ENVIRONMENT As of 3/14/96 Omnibus environment finance bill HF3231/SF2167* (Brown) HF1122 (Ozment) Freeze branding. HF1302 (Finseth) Agricultural chemical response. HF1661 (Clark) Environmental justice study. HF1687 (Anderson, B.) Landlocked lakes water level control permits provisions modifications. HF2031 (Ness) Exempting certain food sellers. HF2126 (Gunther) Consolidated food licensing. HF2200 (Sviggum) Adulterated milk. HF2227 (Trimble) Natural resources grant limits. HF2295 (Wagenius) PCA performance budgeting. HF2435 (Kraus) Rendezvous trail established. HF2512 (Johnson, V.) Emergency deterrent materials. HF2547 (Cooper) Minnesota river basin joint powers board. HF2594 (Munger) Frogs as biological indicators study. HF2746 (Otremba) Potato blight research. HF2849 (Cooper) Passing on the farm grant. HF2911 (Peterson) Alfalfa research and development. HF2996 (Tunheim) Beaver damage grants. HF3089 (Rukavina) Off-highway vehicle recreation area. HF3146 (Brown) Agriculture land alien ownership. As of 3/14/96 Omnibus game and fish bill HF2799/SF2445* (Milbert) HF2052 (Daggett) Youth small game license issuance provided for nonresidents, and license provisions modified; and HF3147 (Anderson, R.) Nonresident youth small game license qualification provided. HF2598 (Bakk) Deer quartering allowed prior to registration. HF2827 (Kinkel) Cass County land conveyance authorized. HF2990 (Wenzel) Crow Wing and Morrison counties land conveyances authorized. HF3072 (Bakk) Lake County land sales ratified. HF3208 (Winter) Deer; extended muzzleloader deer hunting season repealed. Waste Management Act amendments HF2259/SF1861* (Wagenius) Waste management act provisions modifications. HF2261 (Ozment) Antifreeze in wastewater treatment systems prohibition exception provided. State park boundaries HF2264 (Peterson) State park additions and deletions provided for Charles Lindbergh, Lake Carlos, Split Rock Creek, Savanna Portage, and William O'Brien state parks. HF552 (Mulder) Split Rock Creek State Park in Pipestone County provided territory addition. Counties HF2846*/SF2544 (Kalis) Faribault County tax- forfeited land conveyance authorized. HF1773 (Anderson, B.) Sherburne County tax- forfeited land sale authorized. HF2738 (Hasskamp) Crow Wing County tax- forfeited land sale authorized. HF2873 (Delmont) Anoka County tax-forfeited land sale authorized. HF2968 (Solberg) St. Louis County tax-forfeited land sale authorized. HF2995 (Daggett) Wadena County tax-forfeited land sale authorized. HF3112 (Kinkel) Hubbard County tax-forfeited land sale authorized. HF3159 (Lourey) Aitkin County tax-forfeited land sale authorized. Statutes HF2377*/SF2092 (Delmont) Obsolete laws repealed. HF2302 (Marko) Game and fish license sales subagent application requirements modified. TRANSPORTATION As of 3/14/96 Omnibus transportation appropriation bill HF3137/SF2702* (Lieder) HF210 (Carlson, L.) Minnesota identification duplicate card fee prescribed, and temporary disability parking permit processing procedures modified. HF1171 (Holsten) Amateur radio station licensee vehicle special license plate appearance modified. HF2000 (Luther) Custodial parents authorized to name designated parents, forms and procedures provided, and money appropriated. HF2258 (Molnau) Vietnam veteran special motorcycle license plate issuance authorized, and drivers' licenses to persons under age 18 issuance conditions imposed. HF2292 (Schumacher) State patrol authorized to operate white patrol vehicles. HF2427 (Tunheim) Safety cable use authorized on trailers and semitrailers. HF2449 (Kinkel) Shingobee Township provided grant for Ah-Gwah-Ching road improvements, and money appropriated. HF2577 (Tunheim) Rental motor vehicle lessor license plate transfer procedure established. HF2675 (Entenza) Special registration license plate authorized for certain persons subject to an impoundment order, prior license revocation definition clarified, and money appropriated. HF2692 (Bakk) Farm and forest product weight restriction provisions modified, safety cable use on trailers and semitrailers allowed, and gross weight violation penalty provisions modified. HF2739 (Marko) Toll road facility public hearings required prior to development agreement approval or denial. HF2822 (McElroy) State vehicle and equipment storage or maintenance facility experimental design-build methodology established. HF2870 (Luther) Olympic license plate issuance authorized, fee revenue dedication provided, and money appropriated. VETERANS As of 1/29/96 Omnibus veterans bill HF2137*/SF2419 (Jennings) HF206/SF382* (Osthoff) Adjutant general authorized to assign retired officers to active duty and recommend national guard members for brevet rank, state service medal eligibility changed, military property disposition penalties changed, obsolete language removed. HF208/SF380* (Osthoff) Governor's military duties and powers clarified, adjutant general designation language clarified, acceptance of money by adjutant general on behalf of state provisions clarified, obsolete language removed. HF2280*/SF2584 (McCollum) Veterans Homes Board of Directors duties eliminated. HF2328*/SF2406 (McCollum) Armory building commission fund use for construction authorized, and membership appointment and armory siting provisions modified. IT'S A FACT The Minnesota Legislature has drawn lawmakers from many walks of life, but only one used a headlock and a half Nelson to defeat his opponents. Rep. Helmer Myre not only represented Albert Lea, Minn., in the Legislature but was a U.S. light heavyweight champion wrestler who later became a world light heavyweight champion. Myre won and lost various wrestling titles from 1918 until the end of his grappling career in 1925. He wrestled approximately 500 matches in all. Myre and his wife, Ethel, moved from Iowa to Geneva, Minn., in 1918, and to Albert Lea in 1921. He served in the Minnesota House from 1939 to 1943 and in the Minnesota Senate from 1947 to 1951. He also served as sheriff of Freeborn County from 1928 to 1939. To describe Myre as tough was an understatement. He once wrestled out of his weight class, taking on Ed "Strangler" Lewis, a heavyweight champion who had a 52-pound weight advantage over Myre. One newspaper account said: "The wrestling world will admit that any light heavyweight who can stay 57 minutes and 35 seconds with Ed "Strangler" Lewis, the far-famed heavyweight, is a mighty tough grappler. . . . The big Kentuckian had to call on his headlock, the most wicked hold in the game, to win the match with." As sheriff of Freeborn County, Myre needed to be just as tough. In 1935, a riot broke out at the D.A. Potter Foundry Co. over what union officials called a broken agreement with management concerning the dismissal of some employees. According to a newspaper account of the riot, Myre was "heroic" and "stood off single handed -- for considerable time -- a mob of some two hundred or more infuriated men. . . . It is reported that Myre, because of his wonderful physique and his experience as a wrestler threw many of his attackers right and left, knocking several to the ground. But on they came. It was then that someone struck the sheriff over the head with some heavy instrument. The blow was a vicious one, but Myre did not go down. This blow was followed by several others against Myre's face, mouth and head." Little is written about Myre's legislative career but after policing several strikes and labor disputes in Freeborn County, he did sponsor a state labor relations bill. Myre died in 1951. Two years after his death, the Legislature named a state park in Myre's honor -- Helmer Myre State Park, about 2.5 miles east of Albert Lea. In 1948, Myre was a co-sponsor of the bill to create a state park in the area. DO YOU KNOW Whether it's called streamlining, downsizing, reinventing, or whatever the catch-phrase of the day, making government more efficient is a popular theme among present-day politicians. It was old news to former Gov. Orville Freeman forty years ago. Freeman was one of several chief executives in Minnesota's history who championed government reform. He ran for governor five times and was successful in 1954, 1956, and 1958. After an unsuccessful 1960 re-election bid, he went on to serve as secretary of agriculture under President John F. Kennedy. During his time as governor, Freeman pushed for extensive re-organization of the state's administrative structure in order to reduce bureaucracy and improve efficiency. He guided a comprehensive reform package through the Legislature in 1955 only to see it invalidated because of a technical error in the bill's engrossment process. He again pushed the proposal in 1957, but failed to win legislative approval. Freeman returned in 1959 with another proposal to revamp state government. "[A]t a time when the need to increase taxes makes every citizen conscious of the costs of government, the program of re-organization takes on even greater importance and becomes even more urgent," Freeman said at the time. His 1959 proposal sought to centralize government by reducing the number of separate agencies and to establish clear lines of authority by untangling the maze of boards, divisions, departments, and commissions. Freeman called for creation of new departments to absorb the functions of numerous arms of government. For example, he wanted a commerce department to embrace functions performed by the Banking Division, Insurance Division, Securities Division, Aeronautics Department, Business Development Department, and other governmental offices. Freeman wanted to form a labor department to handle the duties of the existing Industrial Commission and Department of Employment Security. And he wanted to create a corrections department to take over for the duties of three existing state agencies. In the end, Freeman was successful on the last count. The Department of Corrections was created in 1960 to administer all adult and juvenile corrections programs. But many of Freeman's ideas were ahead of their time. The state created the current Department of Labor and Industry in 1967. The Department of Commerce wasn't established until 1983. "Most of my continued recommendations for government re-organization remain unfinished business," Freeman said during the final months of his administration. MINNESOTA INDEX State and local government revenues, spending Percent of state revenue coming directly from federal grants, FY1993 22 Dollars the federal government collected from Minnesota, in billions, FY1993 $20.5 Amount Minnesota received in the form of federal employee salaries, grants, loans, research contracts, farm subsidies and payments to individuals in billions $18 National rank, for return on federal dollars collected 45 Dollars in grant funds, in billions $3.9 Minnesota's per capita tax burden, FY1993 $4,542 National rank 15 Percent of federal dollars state government received in FY1995 that came in the form of reimbursement for Medical Assistance 50 Dollars in the Department of Economic Security's budget that came from federal grants, FY1995 3 of 4 Cents of each dollar in the state's K-12 education budget from the federal government $0.06 State and local government spending, in billions, 1992 $20.1 Percent of that spending that went to pay employees 46 Full-time state and local government employees, 1992 240,000 Nationwide, in millions, 1992 13.4 Average increase in state and local government per capita spending, in percent per year, 1957-1972 4.1 Average increase in percent, per year, 1972-1992 1.9 Increase in per capita state and local government expenditures on K-12 education, 1957-1992 104 Per capita increase in Medical Assistance spending, in percent, 1980-1995 118 Decrease in per capita spending on Aid to Families with Dependent Children, in percent, 1980-1995 8 Cents of every state and local government dollar spent on education, health, or welfare, 1992 $0.62 Sources: Federal Funding, March 1995, Minnesota Planning; Trends in State and Local Government Spending, February 1996, Office of the Legislative Auditor