SESSION WEEKLY A NON-PARTISAN PUBLICATION OF THE MINNESOTA HOUSE OF REPRESENTATIVES MARCH 31, 1995 VOLUME 12, NUMBER 13 WEEK IN REVIEW. . . MARCH 23 - 30, 1995 HIGHLIGHTS Community notification. . . Neighbors would be notified of sex offenders' release Over the next two years, nearly 1,000 sex offenders will be released from Minnesota prisons. A bill that would notify neighbors when the most serious of those offenders are released into their communities won approval March 27 from the House Judiciary Committee. (See March 3, 1995, Session Weekly, page 6) "This should be looked at as a community protection act," said bill sponsor Rep. Dave Bishop (IR-Rochester). Its stated purpose is to give members of the public the opportunity to develop constructive plans to prepare themselves and their children for the offender's release. The measure would allow law enforcement officials to disclose information about offenders as "necessary to protect the public and to counteract the offender's dangerousness." What information is released and to whom disclosure is made would depend on the "level of danger posed by the offender," as defined by the bill. Offenders would be classified as either low, intermediate, or high risk and the number of people notified of a release would rise as the safety risk increases. Law enforcement agencies and crime victims would be notified of a low-level offender's release. For an intermediate-level offender's release, school officials and neighborhood groups also would be notified. For high-risk offenders, community members and establishments to whom, in the law enforcement agency's judgment, the offender "may pose a direct or potential threat," would be added to the notification list. Offenders considered to be high risk would include those who have refused or failed treatment and have been determined "highly likely to re- offend." Violent, repeat offenders who abuse children also would be considered high risk. A committee consisting of the commissioner of corrections, the head of the facility where the offender has been confined, the chief law enforcement official where the offender will live, a treatment counselor trained in sex offender assessment, and the offender's parole officer would determine the offender's classification 30 days before the prison release date. A list of 10 factors will help the panel determine the risk of the offender to the community. Those classified as either an intermediate or high-risk offender may appeal their classification to district court. The community notification would not be stopped by the appeal, unless so ordered by the court. Members of the public would not be notified if an intermediate or high-risk offender is placed in a halfway house licensed by the Department of Corrections or the Department of Human Services if the home has staff trained in the supervision of sex offenders. Patty Wetterling, whose son, Jacob, was abducted in 1989 and is still missing, said at an earlier hearing that the bill is needed to protect kids from unknown dangers in the neighborhood. And Clark Hussey, whose son, Grant, was abducted and later killed by a neighbor in 1993, earlier told members the man who killed his son "was a trusted person in the neighborhood. . . .We had no idea he was a child molester." HF181 is patterned after a Washington state law that has been in effect for five years. Fourteen states have similar notification laws. Only a small percentage of released offenders would trigger the notification. Bishop has said he is targeting those with the most predatory and dangerous backgrounds. The state of Washington has released thousands of sex offenders in the five years that the law has been in effect. In most cases, law enforcement officials are the only ones who have been notified. According to a December 1993 Washington study, members of the community were notified in just 176 cases. There were 14 cases involving harassment of the released offender after the community notification. A memo to Bishop from Teresa Klingensmith, legislative manager for the National Center for Missing and Exploited Children, who tracks similar legislation across the country, called the bill "easily one of the most comprehensive I have seen this session." Since 1980, the number of sex offenders in Minnesota prisons has increased 230 percent. Today, one in five prisoners is incarcerated for a sex offense. HF181 now moves to the Judiciary Finance Committee. -- John Tschida Other provisions of HF181 would: -- amend the state's sex registration law to require sex offenders to register with the local sheriff or police department. Minnesota now requires all felony-level sex offenders to register their address with a probation officer for at least 10 years following release from a Minnesota prison. Failure to register is now a gross misdemeanor. Under another bill (HF177), a second conviction for failure to report would be a felony offense. -- include an immunity clause for all law enforcement agencies and state agencies. Such agencies would not be civilly or criminally liable for disclosing or failing to disclose information concerning sex offenders to community members or organizations. -- apply the same notification criteria to offenders likely to be sentenced to a stayed sentence and placed on probation. -- require courts to order a convicted sex offender to submit to an HIV test if the victim or the prosecutor requests the test and there is evidence the victim was exposed or had contact with the offender's bodily fluids in a way which could transmit the HIV virus. Current law permits courts to require the test. CONSUMERS Educational videos for deaf Last-minute negotiations drastically narrowed the impact of a bill supported by the deaf that requires open- or closed-captioning on prerecorded videotapes sold or rented in Minnesota. The compromise legislation would require captioning only on videotapes "primarily produced" for rental or sales to educational institutions, state and local governments, and medical facilities -- excluding most titles available at the local video store. With the new wording, the bill passed the House Commerce, Tourism and Consumer Affairs committee March 29. Under the original bill (HF1048) approved by the committee's Consumer Affairs Subcommittee March 15, both educational and popular movie videos would have been covered by the proposed law. (See March 17, 1995, Session Weekly, page 6) That version of the bill would have applied to videotapes produced after Dec. 31, 1995; the amended bill pushes the deadline back 18 months to June 1, 1997. (Open-captioning is the term for subtitles, like those added to foreign language films. Closed- captioning refers to the subtitles that include descriptions of sound effects -- encoded on a videotape or in a live broadcast -- that can be switched on or off by a computer chip which is required in all new television sets sold in the U.S.) The measure was designed to make videotaped movies accessible to those who are deaf or hard of hearing -- about 9 percent of the state population -- explained bill sponsor Rep. Matt Entenza (DFL-St. Paul). Entenza said he accepted the compromise measure "with tremendous hesitation," and noted that it would eventually redress the "unfairness" faced by deaf students who cannot understand educational videos shown in schools. In a letter distributed to committee members, Gary A. Ross, chair of the Video Software Dealers Association, called the original version of the bill "an unnecessary legislative intrusion into matters that should be settled voluntarily. . . . Currently, virtually every major video, and the great majority of even minor video releases, are close-captioned." In previous testimony on the bill, members of the deaf and hard of hearing community said the legislation was needed, especially for children who have been unable to understand and enjoy the full range of movie and educational videotapes. HF1048 now moves to the House floor. CRIME More time for sex crimes Patterned sex offenders could face up to 40 years in prison, under a bill approved by the House Judiciary Committee March 27. The provision is contained in HF177, which incorporates six bills designed to increase sentences and tighten registration provisions for sex offenders. (See March 3, 1995, Session Weekly, page 6) Under Minnesota law, a patterned sex offender is a repeat offender or someone who has been determined likely to re-offend in the future. Current law mandates that a judge sentence a patterned sex offender to twice the penalty called for under the state's sentencing guidelines. HF177, sponsored by Rep. Wes Skoglund (DFL- Mpls), would allow judges to impose a prison term of up to 40 years -- regardless of the penalty called for under the state's sentencing guidelines. The 40-year maximum prison term also would apply to a first-time offender who planned the crime in advance. Once released from prison, a patterned sex offender would remain on parole for life. Under current law, parole can last either 10 years or the time remaining under the maximum sentence for the offender's crime set by law, whichever is longer. Violating the conditions of that parole at any time after release from prison could land the offender behind bars. And for the first time, crimes committed in other states would apply to the state's patterned sex offender law. Currently, only prior sex offenses in Minnesota can be considered. The bill also would require those convicted of sex offenses in other states to register in Minnesota upon arrival. Minnesota now requires all felony- level sex offenders to register their address with a probation officer for at least 10 years following release from a Minnesota prison. The bill calls for offenders to register their address with their local police or sheriff, instead of a probation officer. Failure to register is now a gross misdemeanor. Under the bill, a second conviction for failure to report would be a felony offense. (The registration provisions were originally introduced as HF178.) Other provisions of HF177 would: -- extend the statute of limitations for criminal sexual conduct crimes from seven to nine years (originally introduced as HF176); -- increase, to a gross misdemeanor from a misdemeanor, the penalty for the crime of indecent exposure in the presence of a minor (originally introduced as HF633); -- "stop time" on any statute of limitations while DNA testing is being conducted. A man was actually cleared of a possible rape charge because the limitation period expired while authorities waited for DNA test results, Rep. Wes Skoglund (DFL-Mpls) told members (originally introduced as HF911); and -- include hotel rooms and tanning booths under Minnesota's "peeping Tom" law. Current law applies to those peeping in windows or secretly photographing or videotaping outside someone's home. Such a crime is a misdemeanor (originally introduced as HF272). (See March 10, 1995, Session Weekly, page 6) The bill now moves to the Judiciary Finance Committee. Collaring familial pimps Spouses and relatives of a prostitute who profit from prostitution would be guilty of a felony, under a bill approved by the House Judiciary Committee March 29. Under current law, it is a felony offense -- punishable by up to three years in prison and a $5,000 fine -- to make money from or to promote prostitution, but anyone related to the prostitute by "blood, adoption, or marriage" is exempt from the law. "This loophole says the best way for a pimp to profit is to marry the prostitute . . . it insulates criminals who are benefiting from prostitution," said Evelina Giobbe, director of education and public policy for Women Hurt In Systems of Prostitution Engaged in Revolt, or WHISPER. And at times, it is those who are exempt from the law who are the worst offenders, Giobbe said, noting that she has counseled several women who were coerced into prostitution by spouses, parents, and even grandparents. "Susan" was such a victim. At just 10 years old, her father began driving her to a local bar, where he locked her in the car and solicited johns from the bar. The johns later would return the car keys to the father inside the bar. Proponents testified that no exemptions currently exist in law for family members who profit from drug sales, or receiving stolen goods. Therefore, no exemption should exist for family members who profit from prostitution. But a few members expressed concern that innocent relatives may be harmed. "What about a grandmother who goes to dinner with a granddaughter who is a prostitute? Are we going to prosecute that grandmother?" asked Rep. Andy Dawkins (DFL-St. Paul). A single criminal exemption would exist in HF1241 for kids who depend on a prostitute's earnings to survive. Rep. Tom Van Engen (IR-Willmar) said exceptions should also exist for some vulnerable adults who are dependent upon the earnings of a prostitute for survival. The proposal, sponsored by Rep. Darlene Luther (DFL-Brooklyn Park), will be incorporated into HF981, which will be this year's omnibus crime bill. Unlawful masks Covering one's face in public for religious reasons would not be a crime, under a bill given final approval by the House March 27. The vote was 108-18. Rep. Matt Entenza (DFL-St. Paul), who sponsors HF735/SF214*, says present law, which prohibits concealing one's identity by means of a "robe, mask, or other disguise," is unconstitutional. The law, originally placed on the books in 1923, targeted Ku Klux Klan members, who maintained a significant presence in the state at the time. (See March 10, 1995, Session Weekly, page 10) The bill stems from a Sept. 28, 1994, arrest of a Muslim woman in downtown St. Paul. Police officers asked the woman, dressed in traditional Muslim attire, to lift the veil from her face. When she refused, they issued her a citation. The local Islamic community called the incident a clear violation her First Amendment rights. In light of Minnesota's winter climate, an amendment was made on the House floor to exempt anyone covering their face "as protection from weather" as well. Technically, under current law, snowmobilers and others protecting their faces in the winter months are in violation of the law. The bill now moves to the governor for his consideration. Protecting police horses The House gave final approval March 27 to a bill that would make it a crime to assault a police horse. The vote was 125-0. Minneapolis launched its mounted patrol program Nov. 3, 1994. Four horses patrol mainly downtown Minneapolis along Hennepin and Nicollet avenues. (See March 24, 1995, Session Weekly, page 5) But no laws are in place to punish those who may punch, pull the tail, or heave full bottles of pop at a police horse -- all of which have already happened. Lt. Shirleen Hoffman, mounted patrol leader of the Minneapolis Police Department, has said something needs to be done "before someone really gets hurt." HF1399 carries a maximum felony penalty of up to five years in prison and a $10,000 fine for killing a police horse. Lesser penalties also would apply, depending on the injuries sustained by the horse, the officer riding the horse, or anyone standing nearby. Under current law, police dogs are similarly protected and have been since 1987. The bill, sponsored by Rep. Wes Skoglund (DFL- Mpls), now moves to the Senate. Committee deadlines If you're following a bill that has yet to receive a hearing in the Legislature this session, its chances of becoming law are not good. Each year the House and Senate set deadlines by which most bills must be heard in a committee and forwarded through the process. The deadlines serve to weed out some of the several thousand bills introduced each year. The first committee deadline is Friday, March 31. That means all bills must be passed out of all policy committees in their house of origin to receive further consideration this session. If a House bill hasn't been approved by House policy committees by the deadline, but its Senate companion has, the bill has met the committee deadline. By the second committee deadline -- Friday, April 7 -- all bills other than those containing appropriations, must be passed out of all policy committees in both the House and the Senate. The deadline does not apply to the finance divisions of the committees or the Rules and Legislative Administration Committee, the Taxes Committee, and the Ways and Means Committee. By Friday, April 21, all appropriations bills must clear their policy and finance committees and move to the Ways and Means Committee. Of course, there are exceptions to the deadlines. Any lawmaker may try to convince the Rules and Legislative Administration Committee, which includes leaders from both party caucuses, to hear a bill after the deadlines. DWI Quizzing DWI law Would-be drivers in Minnesota would have to know more about the legal and financial consequences of driving under the influence of alcohol or drugs, under a bill that received final passage March 29 in the House. The vote was 129- 0. HF901, sponsored by Rep. Doug Swenson (IR- Forest Lake), would require thorough instruction about DWI laws in all driver education programs -- including the effects of alcohol and drugs on driving ability. The next edition of the state driver's manual would have to include details about the legal and financial consequences of driving while under the influence of alcohol or drugs. And Swenson's bill would require that the driver's license examination include questions to determine the individual's knowledge of the implications of driving while intoxicated. The bill now goes to the Senate. EDUCATION Patriotic recitation The House Education Committee approved a bill March 28 urging school districts to make the Pledge of Allegiance a classroom fixture. The bill (HF112), sponsored by Rep. Kris Hasskamp (DFL-Crosby), would "strongly encourage" schools to lead "willing students" in reciting the pledge. Committee members rejected an amendment by Rep. Howard Orenstein (DFL-St. Paul) to further recommend the First Amendment be recited along with the pledge. Support for the bill came from veterans officials such as Mike Labovitch, director of Dakota County Veterans Services, who said the pledge would enhance patriotism among young people. "In a time when our country is redefining values, especially for our young people, this is a value that needs to be encouraged and restated," Labovitch said. Hasskamp's legislation would encourage schools to lead K-12 students in reciting the pledge at least once a week. The language of the bill sidesteps legal pitfalls by making school and student participation voluntary, said Hasskamp. U.S. Supreme Court decisions clearly prohibit schools from making the pledge a required activity. The pledge was written by Francis Bellamy in 1892 for the National School Celebration, marking the 400th anniversary of Christopher Columbus' arrival in America. Congress adopted the pledge into U.S. Code in 1942; the words "under God" were added to the text in 1954. Hasskamp said the pledge conveys an important message to young people. "The tone of our school day can be set very well by reciting this very simple, 14-second pledge," she said. In an effort to include the First Amendment in the student recitations, Orenstein said teaching children about their freedom to dissent should be on a par with teaching patriotism. "They need to learn the most important thing in our country is not what the majority can do but the rights of the minority," he said. But Rep. Peggy Leppik (IR-Golden Valley) questioned the value of having students repeat the First Amendment aloud. "Children need to know what it is," she said. "They need to understand it, and that comes through study and discussion. It does not come just through recitation." Orenstein's amendment was defeated on a voice vote. The bill now goes to the House Judiciary Committee. Extracurricular activities Legislation approved by the House Education Committee March 28 would provide more funding for some school athletic and fine arts programs. HF1435, sponsored Rep. Gene Pelowski (DFL- Winona), would devote an extra $250,000 annually to support extracurricular programs for girls and students with disabilities. Under the bill, the state would no longer keep the revenue collected by taxing the gate receipts from interscholastic tournaments sponsored by the Minnesota State High School League. Instead, the money would go into a league fund dedicated to the expansion of girls' activities and the creation and support of activities for students with disabilities. Currently, there is no state sales tax on regular season high school events, but receipts from events such as the annual high school hockey tournament are taxed. Pelowski's bill, approved on a 14-10 vote, received support from New Hope resident Tony Lebahn, a disabled man whose involvement in adaptive athletics includes time as a player, coach, and organizer. Lebahn said students with disabilities have an "equal right to be involved" in athletics and fine arts. Opposition to the bill came from committee members concerned about the loss of revenue to the state at a time when a tight budget has education facing budget cuts. Rep. LeRoy Koppendrayer (IR-Princeton) said lawmakers should not forget common complaints that "kids don't have textbooks." The bill now goes to the House Taxes Committee. ELECTIONS Voter guides Prior to precinct caucuses and elections, Minnesota's eligible voters would be mailed booklets containing short biographies on candidates and other voter information, under a bill approved March 29 by the House General Legislation, Veterans Affairs and Elections Committee. The committee originally voted against the bill March 13 on a 6-9 vote after some members expressed concern that candidates might subtly sneak campaign positions into their 50-word biographies. But bill sponsor Rep. Bernie Lieder (DFL- Crookston) brought HF621 before the committee for a second vote March 29. The bill passed 10-7. The bill stems from a recommendation of the Growe Commission on Electoral Reform. The commission proposed producing a voters' guide for the public, including information on where and how to vote, the candidates running for office, and proposed constitutional amendments up for public vote. (See March 3, 1995, Session Weekly, page 7) The bill calls for the guide to be mailed to voters at least 21 days before the caucus, the primary election, and the general election. Candidates could submit 50-word biographical statements in addition to their name, address, and telephone number. The bill does not yet include an appropriation. But distributing three separate guides could cost about $1.8 million in election years -- $650,000 each for the primary and general election guides and $525,000 for the caucus guide, Secretary of State Joan Growe has said. The bill next will be heard by the House Economic Development, Infrastructure and Regulation Finance Committee. ENVIRONMENT Deer hunting for kids Young people could buy an inexpensive license to hunt deer with firearms, under a bill approved by the House Environment and Natural Resources Finance Committee March 28. The "Youth Deer Bill," sponsored by Rep. Tom Bakk (DFL-Cook), would allow those under age 16 to buy a deer hunting license for $5, instead of paying $22 for a regular firearms license. HF723 "would expand the opportunity for more youth to get out and hunt," said Bakk. No tag would be included in the youth license, so a deer shot by a youth carrying the $5 license would have to be tagged by a licensed hunter possessing a valid tag. (Under current law, a tag is issued with each deer hunting license; hunters are allowed to take just one deer per season with a firearm.) While regular deer hunting licenses are only sold prior to the opening day of the firearms season, the youth license could be purchased at any time during the season. The Department of Natural Resources (DNR) opposed one provision of the bill that would allow a deer hunter "who fails to tag a deer" during the firearms season to get a second crack at a deer by buying another firearms license and hunting by muzzleloader. The 16-day muzzleloader season -- which allows hunting with an early 19th century era rifle -- follows the regular firearms season in late November. Under current law, a deer hunter is allowed to buy only one firearms license and hunt either during the regular firearms season or during the muzzleloader season. Tim Bremicker, chief of the DNR's wildlife division, told lawmakers that hunters could start taking too many deer, under this section of the bill. "Folks like to hunt deer in this state," he commented. "We think this license will be very popular." An influx of muzzleloader hunters could strain relations between farmers and hunters, Bremicker said. Bakk said that 5,200 muzzleloader licenses were purchased last year -- about 1 percent of all deer hunters. A note prepared by the Department of Finance estimates that the DNR would sell an additional 13,000 muzzleloader and regular firearms licenses in 1996 and 1997, under this provision in the bill. The nearly $300,000 in extra revenue would offset lost revenue from the cheaper youth deer licenses by about $150,000 over the next two-year budget cycle. HF723 now moves to the Ways and Means Committee. Busy beavers Fifteen counties in northwestern Minnesota would receive a total of $300,000 to battle beavers, under a proposal heard by the House Environment and Natural Resources Finance Committee March 27. Bill sponsor Rep. Jim Tunheim (DFL-Kennedy) explained that beaver dams in "ditches, rivers, and coulees" have created flooding in the flat terrain up north. Under the bill, the 15 counties now belonging to the Beaver Damage Control Joint Powers Board would receive $300,000, provided the board allocates at least $130,000 for beaver damage control. The board also may authorize the Red Lake Band of Chippewa Indians to participate in the program as well. Delray Larson, a Morrison County commissioner, said "we had a lot of township roads that were washing out because of beaver dams." Larson later explained that, in the past, trappers have controlled the beaver population. But with the price of pelts having fallen to $2 apiece, there is little interest in trapping. He said beavers are prolific breeders and their kits (baby beavers) soon start building dams which flood roads and wheat fields. Troublesome beavers would be trapped and killed humanely, Larson said. The counties of Becker, Beltrami, Clearwater, Hubbard, Itasca, Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk and Roseau comprise the current Beaver Damage Control Joint Powers Board. The 1994 Legislature gave $50,000 to the joint powers board, which was required to add at least $30,000 of its own money. Such boards are formed at the local level, are not authorized by statute, and do not receive regular appropriations from the state. HF563 was laid over and could be included in the omnibus environment and natural resources spending bill. Newer car testing exemption Cars under six years old would be spared the annual emissions test, under a bill approved by the House Environment and Natural Resources Finance Committee March 27. The change would mean that about 550,000 vehicles -- or one-third of the total vehicles registered in the metropolitan area -- would be exempt from the annual testing program, according to a Department of Finance estimate. And that would translate to a loss of nearly $7 million in revenue for the state over the next two-year spending cycle. Most of the loss would be borne by Envirotest Inc. of Phoenix, Ariz., the private firm that runs the emissions testing program for the Minnesota Pollution Control Agency (MPCA). The MPCA gets 93 cents of the $8 test charge for its administration costs. Envirotest gets the rest. The company now has a seven-year contract with the state to administer the program. At a March 23 committee meeting, Tom Binder, Envirotest's Midwest manager for program development, told lawmakers that the bill (HF2) would have a "pretty severe" effect on the financial viability of the testing program. John Herman, a local attorney representing Envirotest, acknowledged the logic of exempting newer cars from emissions testing, but said it would be "impossible" for the company to recoup its costs under the modified program. Envirotest built its 11 testing stations in the metropolitan area with the expectation that the full testing program "would be here for seven years," said Herman. The state could cancel its contract with Envirotest at any time, but must give a 90-day written notice of termination. Such a move would require soliciting another vendor and would cause a probable gap in the testing program. For this reason, efforts are being made to keep Envirotest as a vendor and minimize their potential losses should HF2 become law, said David Kelso, program manager in the MPCA's Air Quality Division. Herman said that Envirotest has spoken recently with the MPCA about extending its state contract by three years -- to the year 2000 -- which would give the company more time to recover its costs. Giving Envirotest a greater share of the test charge, or charging exempted cars a "nominal fee," were other options discussed with the MPCA, according to Herman. HF2, sponsored by Rep. Alice Johnson (DFL- Spring Lake Park), now moves to the Ways and Means Committee. (See March 3, 1995, Session Weekly, page 9; Feb. 24, 1995, Session Weekly, page 6; Feb. 17, 1995, Session Weekly, page 6; and Jan. 27, 1995, Session Weekly, page 7) ETHICS A clarification of ethics A bill to modify the 1994 ethics law that banned most gifts to lawmakers won approval from the House Ethics Committee March 27. Under the proposal, lawmakers would be allowed to accept food or a non-alcoholic beverage from a lobbyist which does not exceed $5 in total cost. Under current law, accepting any food or beverage purchased by a lobbyist is prohibited, unless the lawmaker is giving a speech or answering questions at an organization-sponsored meeting that is held away from the Capitol. An earlier version of HF856 would have permitted lawmakers to accept "anything that does not exceed $5 in cost." Members were concerned such a standard could create a loophole by allowing the acceptance of several gifts from a single lobbyist that each cost less than $5, but when taken together would far exceed the $5 limit. Since the new ethics law took effect Aug. 1, 1994, there have been several questions over just what is, and what isn't, prohibited. The Ethical Practices Board has issued about three dozen opinions at the request of lobbyists, special interest groups that hire lobbyists, and public officials who want to make sure of the boundaries set forth in the new law. (See March 17, 1995, Session Weekly, page 9) HF856 sponsored by Rep. Dave Bishop (IR- Rochester) attempts to clarify many common questions that have come before the board. The bill would: -- allow lawmakers to receive reimbursement for reasonable travel and lodging expenses "necessary for participation" in an event or meeting where they give a speech or answer questions. The "necessary for participation" standard is to avoid reimbursement for costs such as lodging for those days when the meeting is not in progress; -- extend the enforcement for both the local and state officials' gift ban to the Ethical Practices Board and allow the board to impose a civil penalty for violations of the law ($100 for the first offense, $500 for subsequent offenses). An earlier version of the bill called for a $1,000 civil penalty. Under current law, there is no penalty for state officials but local officials face a misdemeanor charge for violating the law; -- allow officials to participate in gifts to family members when the gift is provided by that family member's employer. Some officials and staff couldn't participate in their spouse's company picnics because the company either uses a lobbyist or belongs to a group that does. -- require all advisory opinions offered by the Ethical Practices Board to be public. Under current law, the specifics of advisory opinions are not public data unless the individual or group requesting the opinion signs a waiver. But the board is still required to hear all requests in a public meeting which makes maintaining confidentiality difficult; and -- remove "promise of future employment" from the definition of a gift. Some have interpreted current law to mean that elected officials and staff must resign or be fired before they can even begin to look for a new job. The bill now moves to the Economic Development, Infrastructure, and Regulation Finance Committee. FAMILY Breast-feeding A bill that allows mothers to breast-feed their babies in virtually any location -- public or private -- was approved by the House Health and Human Services Committee March 30. The bill (HF1369) amends the indecent exposure statute so a woman may breast-feed her baby in any location where she is otherwise allowed. The measure also would state in law the benefits of breast-feeding. "The Legislature further finds and declares that breast milk offers better nutrition, immunity, and digestion, and may raise a baby's IQ. . . . The social constraints of modern society militate against the choice of breast-feeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism," states the bill. "The promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike in the subject of breast- feeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboos." Bill sponsor Rep. Richard Mulder (IR-Ivanhoe) said it is not that police have been arresting mothers, but women have been asked to leave shopping centers and move to bathrooms. He said he just wants to make sure mothers and the public know "breast-feeding is normal and OK to do." The bill now moves to the House floor. GAMBLING Video lottery in bars The effort to allow video lottery machines in Minnesota bars and restaurants -- and funnel a portion of the money raised to Minnesota schools and environmental programs -- has survived its first House test this year. About 3,400 bars and restaurants would be allowed to have up to 10 video lottery terminals, under a bill approved March 24 by the Gambling Division of the House Governmental Operations Committee. HF1405's next hearing is scheduled for March 31 in the full Governmental Operations Committee. Because that is the first deadline by which bills must be heard in policy committee, the bill's chances of survival remain unclear. For several years, the hospitality industry said it is losing customers to American Indian-owned casinos and needs video gambling to stay in business. Elected officials, however, have been reluctant to expand gambling. "In the last six years, the casinos have taken away what it took 17 years to build," George McCausland, owner of the Golden Gate Supper Club in Cloquet, told members of the division. ". . . The state won't let me compete. I can compete with restaurants, and I can compete with bars. I cannot compete with something I don't have." John Berglund, of the Minnesota Licensed Beverage Association, said "the explosion of casino growth" has been "economically devastating" for bars and clubs. Casino officials have argued they are not to blame for the drop in bar and restaurant business. Minnesotans are drinking less and spending less in bars and restaurants. Bill sponsor Rep. David Tomassoni (DFL- Chisholm) said he decided to push for video gaming in bars this year because he saw the opportunity to help education. His bill would require that a portion of the proceeds from the video lottery machines be devoted to supplementing funding for public schools, which face potential budget cuts this year. The bill would put an estimated 17,000 video slots in Minnesota bars and restaurants. About 60 percent of the state's share, or as much as $148 million, would be set aside for education, Tomassoni said. The remainder would be devoted to the Environment and Natural Resources Trust Fund as are state lottery proceeds. Opponents of the bill, however, argue that the measure would expand gambling in the state and warned video machines are more addictive than other forms of gambling such as pull-tabs. "Does the state really want to be the beneficiary of the pain and suffering a gambling addiction can inflict on its constituents?" asked Hennepin County Commissioner Sandra Hilary, whose compulsive gambling led her to more than $100,000 in slot machine losses. Hilary said gambling can damage individuals and families, and she described how compulsive gamblers plunge themselves deep into debt while trying to win back their losses. "Do not succumb to the same pressure and look to gambling as a way to solve your financial dilemmas," she said. Brian Rusche, executive director of the Joint Religious Legislative Coalition, said video gambling would be "a harmful substitute for general taxation" that could significantly hurt low-income Minnesotans. If signed into law, video machines would be regulated by the Minnesota State Lottery, but city governments would be given the authority to forbid video gambling. That is not the case with lottery tickets sold at outlets throughout the state. The bill stipulates that gambling revenue should supplement the education budget and should not replace traditional funding sources. But several members of the division questioned whether the Legislature will hold to that condition. "There's no guarantee that education would get more money," said Rep. Jim Knoblach (IR-St. Cloud). GAME & FISH Canadian fishing dispute III Minnesota anglers fishing in Ontario would be allowed to return to the pre-1994 practice of bringing back their legal limit of fish, but the fish would have to have their heads, tails, fins, and skins intact. The House Commerce, Tourism and Consumer Affairs Committee approved a bill (HF1651) March 30 that represents the latest in a long-running skirmish with Canada over fishing and tourism. The measure would repeal portions of a 1994 law that limited Minnesotans fishing in Ontario to bringing back just one trophy fish of each species. But it would also resurrect portions of a 1993 law that required fish to be "in the round" when they are brought across the border into Minnesota. Although heads, tails, fins, and skins would have to be intact, gills and entrails could be removed. The "in the round" provision is significant because fish spoil more easily in that state, making it less attractive for tourists to enter Ontario to fish. All of these provisions are designed to get Ontario to the bargaining table to resolve these ongoing tourism and fishing disputes. Ontario has placed stricter fish 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. Another section of HF1651 would allocate $100,000 to the state Office of the Attorney General to examine ways to mount a legal challenge of the Ontario regulations. Bill sponsor Rep. Irv Anderson (DFL-Int'l Falls) said his bill is something "that most people would like to see happen." He added that litigation might offer an avenue to resolve the conflict with Ontario "diplomatically." His approach was supported by Bill Dougherty, an International Falls fishing guide and board member of the Rainy Lake Sport Fishing Club, who said Ontario's restrictions on Minnesota anglers are hurting the border resort business. Dougherty said that there are 43 fewer resorters with displays at this year's Northwest Sports Show, currently running at the Minneapolis Convention Center, than at last year's exhibition. "Up in the Northwest Angle they're not going to survive the way things are going," said Dougherty. The proposal to bring back fish in the round, however, was criticized by some. Anglers from Minnesota -- or anglers from other states returning through Minnesota -- "would be bringing home whole fish, slimy fish" that would have to be thawed and filleted, according to Bob Neuenschwander of the Minnesota Conservation Federation who is also a former House member. He said this inconvenience "will inhibit people from going to Ontario" and "have a massive impact" on the estimated 500,000 tourists each year who travel through Minnesota to Ontario. HF1651 now moves to the Economic Development, Infrastructure, and Regulation Finance Committee. HEALTH Medicinal marijuana A bill to sanction marijuana use if it is prescribed by a doctor for medical reasons passed the House Health and Human Services Committee March 30. The vote was 12 to 6. Bill sponsor Rep. Karen Clark (DFL-Mpls) has pushed for the proposal (HF1136) in recent years but has been met with strong opposition from some members. Opponents worry that legalized medicinal marijuana will open the door to addiction and eventually, legalized recreational use of the drug. Advocates argue that marijuana helps alleviate the pain and nausea common among cancer patients undergoing chemotherapy and the pain of patients suffering from epilepsy, AIDS, spastic conditions, and other ailments. "Until we pass this bill, they are basically criminals," said Clark, adding that any doctor or pharmacist that now prescribes the drug also is considered a criminal. The legislation exempts from criminal penalties doctors who prescribe marijuana, pharmacists who fill the prescriptions, and patients who use it. "This bill does not legalize marijuana. Far from it," Clark said, explaining that individuals will need a doctor's prescription, which will act as a safeguard against abuse. Rep. Tony Onnen (IR-Cokato) successfully offered an amendment that restricts the use of medicinal marijuana to only people with certain conditions and only for those who haven't found relief from other drugs. Some of the conditions include cancer, epilepsy, spastic conditions such as cerebral palsy, glaucoma, cystic fibrosis, HIV/AIDS, and severe intractable pain. Another section of the Onnen amendment requires the medicinal marijuana come from a licensed federal manufacturing facility. The federal government currently contracts with a farm to grow the plant and supply it to a handful of seriously ill people. The amendment also now requires the University of Minnesota to conduct a pilot study to produce medicinal-quality marijuana for the purpose of supplying doctors and pharmacists filling prescriptions under the bill. Furthermore, the successful amendment calls on the Office of the Attorney General to report to the Legislature on the incidence of unlawful activities related to the legalization of medicinal marijuana. The amendment contains the same Aug. 1, 1997, sunset provision that the original bill contained. "This bill is about compassion" for the sick and their families, said Sheri Soderberg Pittman who testified before the committee March 29. Her mother died of ovarian cancer two years ago and illegally used marijuana to combat the nausea from her chemotherapy. It is a terrible feeling not to have legal access to something that's available to help you feel better, she said. Rep. Eileen Tompkins (IR-Apple Valley) said her daughter-in-law requires chemotherapy and is given medication to prevent the nausea. The medication works, she said, adding there was no need for a patient to use marijuana which "removes your motivation." "There are drugs out there that work but they don't work for everyone," responded Rep. Betty McCollum (DFL-North St. Paul). The bill now travels to the Judiciary Committee. Drug discount for seniors A bill to give low-income senior citizens a discount on their blood pressure pills, arthritis ointments, and other medications, was approved by the House Health and Human Services Committee March 30. The bill (HF1243) currently would provide a 20 percent discount on the average wholesale price of a prescription, but that could change. Bill sponsor Rep. Lee Greenfield (DFL-Mpls) said several drug companies have already agreed to drop their prices for seniors and to absorb the cost. Eligible seniors would include those who are 65 or older, are enrolled in Medicare parts A and B, do not have prescription drug coverage under another health plan, and earn less than $14,940 as a single person or $20,060 as a married couple. Seniors would be required to pay up to $5 a year to participate in the program. The money would be used to run the program through the Department of Human Services. Seniors who qualify for the discount would be given an identification card. The bill authorizes the department to set aside up to $200,000 to help start the program. Although some lawmakers raised concerns that the bill would financially hurt rural pharmacies already losing business to large discount stores, Greenfield said the reduced price would actually attract more senior customers and help rural pharmacies. Besides, the state would reimburse pharmacies the difference between the discounted price and their regular price. The bill now travels to the MinnesotaCare Division of the Health and Human Services Committee. Insurance and prescriptions Health insurance plans that cover prescription costs would have to help pay those costs whether a doctor, nurse practitioner, or physician's assistant wrote the prescription, under a bill the House approved March 30 by a 132-0 vote. Currently, many health plans only pay for prescriptions written by a doctor. But nurse practitioners and physicians' assistants also are able to write patient prescriptions, said Rep. Roger Cooper (DFL-Bird Island) who sponsors HF612. "This bill won't cost the insurance companies anything. It won't affect insurance rates. We just want to ensure we don't always have to have a physician sign a prescription," Cooper said. He said the House passed the same provision last year as part of the Health and Human Services supplemental appropriations bill, which was vetoed by the governor. HF612 exactly mirrors the compromise language agreed to by a 1994 House and Senate conference committee, Cooper said. The Senate will consider the bill next. Insurance and dental work Health plans that insure Minnesota residents would have to cover general anesthesia and treatment for dental work if the work is for a medical condition covered by the plan, under a bill given final approval by the House March 27. The vote was 125-0. HF843, sponsored by Rep. Becky Lourey (DFL- Kerrick), also calls for health plans to cover dental treatment that requires general anesthesia, a hospital stay, or both, if the patient is a child under five, a severely disabled patient, or a person who, due to a medical condition, needs anesthesia or a hospital stay for dental work. Such cases may not be covered by health plans now, Lourey said. The bill will next be heard in the Senate. Licensing acupuncturists A bill that would require Minnesota acupuncturists to be licensed by the state won final approval from the House March 27. The vote was 119-8. Acupuncture involves the ancient Chinese practice of puncturing the skin with needles at specific points to relieve pain and cure diseases. Currently, the state requires neither training nor licensing for acupuncturists. Bill sponsor Rep. Peggy Leppik (IR-Golden Valley) told House members that that's precisely the problem. There are 50,000 acupuncture treatments performed each year in Minnesota and consumers have no assurance that their practitioner is trained in either acupuncture or clean needle techniques. The measure (HF446) would prohibit a person from practicing acupuncture after June 30, 1997, unless certified by the National Commission for the Certification of Acupuncturists or unless "grandfathered" in under the bill. During a two year transition period beginning July 1, 1995, a current acupuncturist may qualify for a state license without national certification if they have practiced in the field for at least three years between July 1, 1991, and June 30, 1995. During those years they must have had at least 500 patient visits annually with at least 100 different patients. Last year, a similar provision appeared in the omnibus health and human services bill, but Gov. Arne Carlson vetoed the entire bill. Members of the profession have unsuccessfully sought state licensure for several years. The bill also requests that acupuncturists be regulated by the same board that regulates doctors: the Minnesota Board of Medical Practice. (See Feb. 17, 1995, Session Weekly, page 8) HF446 now travels to the Senate. HIGHER EDUCATION Telecommunications institute A total of $1.5 million in state dollars would help establish a high-tech research institute on the University of Minnesota-Twin Cities campus, under a bill approved March 27 by a House panel. The proposal calls for the state to appropriate $500,000 in 1996 and $1 million in 1997 to help create the Minnesota Institute for Telecommunications Technology Applications and Education. Additional dollars from private businesses and federal grants also would go to help start the institute. The institute would research and develop new technologies for telecommunications. It could also contract with private businesses -- such as U.S. West -- for the same purpose, said bill sponsor Rep. Steve Kelley (DFL-Hopkins). The institute might, for example, find a need for and develop a computer program for a "city hall on the mall." Shoppers could then log on to a computer at a shopping mall to give their thoughts and input to city government officials, said Will Kitchen, higher education market manager for U.S. West. The institute could also find ways to further link people -- such as rural doctors -- via the Internet, Kelley said. Rep. Peggy Leppik (IR-Golden Valley) supported the bill but was leery of government intervention in such areas. "The more we can do to get up front on technological changes the better off we'll be. I do, however, worry about the government co-opting the private sector," she said. The bill (HF1135), approved by the House Education Committee's University of Minnesota Finance Division, sets up a 20-member board of private and public representatives to operate the institute. Members of the board -- appointed by the governor, the Legislature and various state agencies -- would enter into contracts, collect project fees and select a director for the institute. Board members would receive $55 each day they spend on board activities. The University of Minnesota would need to approve the institute's plans and would appoint staff. Institute staff would be employees of the University of Minnesota. The bill now heads to the Education Committee. If approved there, it would travel to the International Trade and Economic Development Committee and, ultimately, be granted funding at the Economic Development, Infrastructure and Regulation Finance Committee, Kelley said. That means a proposal to fund the institute would be included in the House economic development budget -- not the higher education budget. Doctors in central Minnesota A program to train medical residents at the St. Cloud Hospital would receive $120,000 from the state in 1997, with a stepped-up appropriation in following bienniums, under a bill heard March 29 by the House Education Committee's University of Minnesota Finance Division. Division members did not vote on the bill (HF1028), sponsored by Rep. Joe Opatz (DFL-St. Cloud). They will consider including it in their omnibus division finance bill. Using the state appropriation and money from federal government and hospital sources, St. Cloud Hospital would set up a family practice residency program to be run in conjunction with the Mayo Graduate School of Medicine in Rochester, Minn. After they finish medical school, physicians need to complete a residency program before they can become certified doctors, explained Paul Van Gorp, president of the Minnesota Academy of Family Physicians. Residents in the three-year St. Cloud program would become family -- or general -- practitioners. After the training, many would likely work in rural settings because they trained in a rural area. In those sparsely populated areas, general practitioners who can treat a wide range of medical complaints are needed, Van Gorp said. Rural Minnesota -- like rural areas throughout the nation -- faces a shortage of doctors because only about 30 percent of medical students today become general practitioners. Sixty percent of medical students train to become specialists in a particular form of medicine, said Alan Wilke, director of the St. Cloud Hospital. He said about 220 additional doctors are presently needed in rural Minnesota. The Mayo school currently operates a rural family practitioner residency program in Kasson, Minn. The University of Minnesota-Duluth has a program near Duluth and the University of Minnesota's Twin Cities campus will start a training program in Waseca, Minn., in July, Wilke said. But doctors trained in those programs, even assuming they all practice in rural Minnesota, don't come near filling the need for rural physicians, Wilke said. His hospital's residency program would kick off in 1999 with four residents. Four students will be added each year until there are 12 students total in the three-year program, Wilke said. The Mayo Graduate School of Medicine request for a state appropriation would rise to $720,000 for each biennium when the program is fully implemented in 2001, Wilke said. The number equals $30,000 per resident annually, he said. The state funds University of Minnesota residents at the same amount, Wilke said. The St. Cloud Hospital would administer the residency program with the Mayo Graduate School providing the necessary academic affiliation. Staff members from the school would sometimes help train the residents, Wilke said. Overseeing building projects State university construction project plans would have to be prepared by the Minnesota Department of Administration, under a bill approved March 27 by the Higher Education Finance Division of the House Education Committee. In 1984, after a series of building snafus, the Legislature gave the State University System administrators the authority to design and build their own construction and remodeling projects. All other state construction projects plans must be prepared by the Department of Administration, said Rep. Jeff Bertram (DFL-Paynesville) who sponsors HF412. When the State University System became responsible for overseeing its own construction process, "It somehow got more bureaucratic," Bertram said. He said he talked to a number of construction contractors who told him state university projects often move slowly because of a cumbersome university oversight process. "Besides, why should the state universities be singled out," he added. But Elaine Bellew, the system's associate vice chancellor, said the system has constructed 14 new buildings, remodeled nine others and repaired and replaced 68 roofs since the 1984 law change. "And most are on schedule and within budget. We've had no structural, material or roof failures," she said. One project that prompted the 1984 law, she said, was construction of the Mankato State University science building, Trafton Hall. The skyway connecting that building to others soon needed to be replaced. In addition, the roof was replaced three times in 15 years, she said. The building originally cost $9.5 million but needed $2.3 million in repairs because of design errors, she said. Bertram said Trafton Hall's problems should not reflect on the Department of Administration. "The Department of Administration is overseeing millions of dollars worth of public works projects and it works out fine," Bertram said. The bill will be heard next by the full House Education Committee. HOUSING Affordable housing A bill to create more affordable housing and to stimulate economic development in the Twin Cities metropolitan area was narrowly approved by the Housing Committee March 27 on an 8 to 7 vote. But its (HF1156) funding sources -- like other funding sources in several similar bills being considered by the Legislature -- remain controversial. Although much of the debate has centered on a section of the bill that would divert $8 million from the Metropolitan Mosquito Control District to help create affordable housing, bill sponsor Rep. Dee Long (DFL-Mpls) said that is just one of four funding sources in her proposal. "Do we want a bill or do we not want a bill?" asked Long, explaining that her proposal was crafted with the help of both the Metropolitan Council and the Citizens League. In an era of tight budgets, Long said the only realistic approach is to take money from existing sources and redirect it. The housing provisions of the bill would require a portion of the property taxes on high-value homes in metropolitan communities be used to diversify its housing stock. Under the bill, each seven-county metro area city would negotiate housing goals with the Metropolitan Council. A city would keep the money generated from high-value homes in their community if it works toward the housing goals it negotiated. But, a city could lose some of its property tax dollars to a regional pool if it refused to work toward its negotiated housing goals. The bill would create a nine-member advisory board to the Metropolitan Council to establish criteria for distributing the money among cities. The bill also includes a provision that would tap two existing funds to help finance the clean-up of polluted land in the metropolitan area. This, Long has said, would revitalize the tax base in urban areas by preparing contaminated land for development. First, the bill would tap some taxing authority of the Metropolitan Council that now helps local governments purchase right-of-way necessary when building roads. Second, the bill also would tap a surcharge currently leveled an a pool of money (the fiscal disparities fund) made up of a portion of each metropolitan city's commercial/industrial tax growth. The bill is one of several this session that tries to create more affordable housing for people throughout the metro region. It also tries to distribute affordable housing more equitably between the Twin Cities and surrounding suburbs. While many lawmakers like what the bill tries to do, some disagree with how it should be funded. Specifically, they object to the bill's effects on mosquito control efforts in the seven-county metro area. The role of the district would be reduced to disease control, ending efforts to control the mosquito population. Its budget of $10 million would be cut by 83 percent. Rep. Wes Skoglund (DFL-Mpls) spoke against the bill. "We're effectively abolishing a very significant agency here . . . that most taxpayers support." Rep. Barb Sykora (IR-Excelsior) said mosquitoes in her district are "pretty hard to live with" even with the spraying that goes on now. She said she couldn't imagine what they'd be like without the mosquito control district. She suspected that few would be able to enjoy an evening outside after 5 p.m. Long, however, said she is trying to reach a compromise on an issue that has polarized the Legislature and pitted wealthy suburbs against less affluent ones, and rural cities against the metro region. "What is an acceptable source of funds?" she asked. "You can't do it without dollars. " HF1156 now travels to the Taxes Committee for consideration. Housing in the 'burbs A bill that would shift state aid from some rural Minnesota communities to cities in the Twin Cities metropolitan area to help fix up blighted neighborhoods, build affordable housing, and clean up contaminated land to attract commercial redevelopment is moving through the House. The bill, sponsored by Rep. Todd Van Dellen (IR- Plymouth), is the Independent-Republican version of a bill to address housing and economic development problems in the metropolitan area. The House Local Government and Metropolitan Affairs Committee referred the bill to the House Housing Committee March 28 without a recommendation. A DFL bill, sponsored by Rep. Dee Long (DFL- Mpls) is similar to sections in the Van Dellen bill but finds its money elsewhere. (See related story, page 12.) The Van Dellen bill (HF1627) also would: -- seek a federal waiver to create a jobs program that would have the state contract with employers to hire eligible welfare recipients, specifically, those receiving Aid to Families with Dependent Children (AFDC). The monthly AFDC grant would be diverted to the employer as a subsidy and the welfare recipient would be paid a monthly wage equal to the grant amount plus $2 an hour. Recipients would receive work experience and employers would pay only $2 an hour for a worker; -- exempt from sales tax (or refund the sales tax) materials and supplies used to build and fix up affordable housing in a "developing metro area" as defined by the Metropolitan Council as long as some of the units being fixed are financed with public assistance; and -- create an urban homestead exemption that would provide tax breaks to people who move into homes in blighted metro neighborhoods. The Metropolitan Council would designate one or more urban revitalization and stabilization zones by Sept. 1, 1995. Anyone buying and occupying a home within such an area would receive an income tax break for up to five years, provided they do not move out of the home, sell the house, fail to comply with building codes, or get convicted of a gross misdemeanor or felony. The maximum exemptions would equal $30,000 for a married couple filing jointly, $20,000 for singles, and $25,000 for unmarried people qualifying as heads of households. Van Dellen testified that he thought his bill was a more fair approach than some other bills still under consideration by the Legislature because it requires sacrifice from cities that pay lower property tax burdens rather than those that pay the highest burdens in the southern and western suburbs. He specifically mentioned his opposition to a bill that would shift a portion of property tax base from some richer suburbs to less wealthy inner ring suburbs, St. Paul, and Minneapolis. (See March 10, 1995, Session Weekly, page 3, and March 17, 1995, Session Weekly, page 13) But the provision in Van Dellen's bill to shift state aid from some rural cities to metro cities was met with similar opposition -- this time from Greater Minnesota officials. Currently, each city receives a base amount of state aid equal to the aid it received in 1993, plus an amount determined by a new needs-based state aid formula. HF1627 would reduce the "grandfathered" 1993 aid amount each city receives over several years while increasing the state's use of the needs-based formula. By 1999, all Minnesota cities state aid would be calculated via the new formula. This provision means that both in the short and long term Minneapolis, St. Paul, and large suburbs would at the very least see no decrease in state aid, and some would see an increase. Winners include Minneapolis with a $3 million increase in aid by 1999, St. Paul with $2 million more, Brooklyn Center with an $86,000 increase, and White Bear Lake and Stillwater with $38,000 more, according to a report from the House Research Department. Losers include many regional cities such as Rochester, Moorhead, St. Cloud, and Albert Lea which all would lose about $1 million a year by 1999. Many small cities such as Grand Rapids, Virginia, and Alexandria also would lose, according to the research report. Tim Flaherty of the Coalition of Greater Minnesota Cities called the bill an "attack on Greater Minnesota." He told the committee that the bill takes $18.7 million from rural cities over four years, shifts $5.7 million of that amount directly to metropolitan cities, and sets aside $12.9 million to the revitalization fund at the heart of Van Dellen's bill. Nancy Larson of the Minnesota Association of Small Cities said that many rural communities already have poverty and jobs problems and by taking away some of their state aid, the Legislature would only exacerbate the problem. Curt Johnson, chair of the Metropolitan Council spoke in favor of the bill, stating that it provided a vehicle to tie jobs, affordable housing, and welfare reform together to get to the root of the poverty problem in the metropolitan area. INSURANCE Genetic discrimination Insurance companies would not be allowed to use genetic information to decide who will receive medical coverage, under a bill on its way to the House floor. The House Financial Institutions and Insurance Committee March 29 approved the bill (HF278), which aims to prevent "genetic discrimination." The bill, sponsored by Rep. Charlie Weaver (IR- Anoka), would bar health insurance providers from requiring applicants to submit to genetic testing and from refusing coverage on the basis of test results taken by individuals or their relatives. Scientists are increasingly identifying gene disorders for a variety of maladies such as Huntington's Disease. (See March 3, 1995, Session Weekly, page 11) But the mere presence of a genetic indicator does not mean a person will ever contract the disease, said University of Minnesota geneticist Dr. Richard King, who supported the bill. "We all carry genes that are abnormal. We all carry genes that have the potential to do something harmful in the long run," King said. Discrimination on genetic grounds is already taking place in the insurance industry and the practice is likely to become more common, Weaver said. His bill applies to tests performed in the absence of any symptoms to determine the presence or absence of a gene or genes. It does not apply to cholesterol tests or other similar procedures. The ban on using genetic information to determine insurance eligibility would not extend to life insurance providers. LABOR Minimum wage hike A bill on its way to the House floor would increase Minnesota's hourly minimum wage for large businesses by a dollar -- to $5.25 an hour in late 1996. And it could rise gradually after that. The House Labor-Management Relations Committee approved HF401, sponsored by Rep. Tom Rukavina (DFL-Virginia), on a 10-8 party-line vote March 28. Under the bill, the minimum wage would increase by 50 cents in October 1995 and again by the same amount in October 1996. After 1996, the minimum wage would rise according to annual increases in the Consumer Price Index. "Minimum wage has not kept up to inflation for the past two decades," Rukavina said. "I'm just trying to make it more fair for people who go out and work every day and try to make their own way." Proponents said an increase in the minimum wage would do a lot to help the working poor, but members of the business community argued it would cost some workers their jobs and force some businesses to close. "In Minnesota we need more jobs, not more policies that will decrease the number of jobs for the people who need them most," said Tom Hesse of the Minnesota Chamber of Commerce. The bill would put Minnesota's minimum wage above the federal level of $4.25 an hour. Minnesota businesses with less than $362,500 in annual sales currently pay a minimum of $4 an hour. Under Rukavina's bill, the minimum wage for businesses with less than $500,000 in sales would increase to $4.50 an hour this year and to $5 an hour in 1996. A controversial amendment to exempt tipped employees from the minimum wage increase drew strong support from the hospitality industry but failed on a close vote. The so-called "tip credit" would have allowed restaurant and bar owners to continue paying $4.25 an hour to employees who make more than $25 a week in tips. Opposition to the minimum wage hike focused on the argument that market forces should determine wage levels. Rep. Bill Haas (IR-Champlin) said minimum wage jobs can be valuable to people who need experience in the workplace. "This is a starting point," Haas said. "Everybody has to have a starting point in life, and you build from there." But DFL supporters said an increased minimum wage would help people work their way out of poverty. "I think it's the best thing we can do as far as welfare reform," said Rep. Walt Perlt (DFL- Woodbury). Workers' compensation reform A bill to simplify the state's workers' compensation system has emerged from the pack of reform proposals in the House Sponsored by Rep. Ted Winter (DFL-Fulda), HF642 was approved March 30 by the House Financial Institution and Insurance Committee. It was one of seven reform bills considered earlier in the week by the House Labor-Management Relations Committee. Winter's bill does not include the cuts in benefits to injured workers called for in several other reform proposals. Instead, the bill seeks to make the system simpler and to eliminate common starting points of dispute. "If we can make it so it's user-friendly in the system, it will help us in the long run," Winter said. The bill would change the form and duration for which certain benefits are paid to injured workers. For example, a worker could receive "temporary total" benefits -- those paid during the period of healing following a work-related injury -- for no more than 100 weeks, under the bill. Currently, such benefits are paid until the worker reaches the point of "maximum medical improvement," after which no significant improvement can be expected. There is no concrete expiration date to cap the benefits. The problem with the current system, critics say, is the standard for recovery is unclear and is often a cause for disputes between employees and management that can lead to litigation. (Minnesota has an entire court system devoted to workers' compensation appeals claims.) Winter's bill would not change the amount paid in temporary total benefits, which currently is 66 percent of actual wages up to a maximum of $516 a week. The bill also addresses concerns about the cost of workers' compensation insurance in Minnesota. Small employers would more easily be able to join groups for self-insurance, which Winter said could save some businesses as much as 35 percent on premiums. And the state would assume a regulatory role requiring prior approval of all rates, under Winter's plan. The state had similar authority until a 1983 law created the current system of open competition. At the March 30 hearing, Rep. Ron Abrams (IR- Minnetonka) offered an amendment to gut the bill completely and replace the language with a clause repealing all Minnesota workers' compensation statutes on July 1, 1997. The amendment failed on an 8-9 vote. He argued the threat of wiping all state laws off the books would force labor and management to the table to solve workers' compensation problems on their own. "The alternative to reaching a negotiated solution will be far worse for both sides," Abrams said. Prior to 1913, disputes over work-related injuries were resolved through personal injury litigation in the court system. HF642 now goes to the House Economic Development, Infrastructure and Regulation Finance Committee. LAW Common sense paternity A man who had been ordered to continue paying child support -- even though he was clearly not the biological father -- would get an opportunity to legally clear up his paternity case, under a bill approved by the House March 27. The vote was 125-0. Under current law, a man has three years after legally naming himself the child's father to challenge that determination of paternity. But a recent court case spotlighted that Minnesota law. On March 7, the Minnesota Court of Appeals ruled a Ramsey County man must continue paying child support for a 5-year-old child, even though blood tests prove he is not the father. The ruling came because the man signed a declaration of paternity in August 1989, began paying child support, but didn't challenge the paternity finding until after the three-year limit had expired. He took a blood test in January 1993 because the child's mother told him he was not the father, and the test proved her right. Nevertheless, the court ruled the man is still liable for child support because he did not take the blood test in time. HF1105, sponsored by Rep. Robert Leighton (DFL-Austin), would eliminate that three-year window and replace it with a new standard. Under Leighton's bill, a man would have six months from the time he has reason to believe he is not the father to challenge the paternity finding. Currently, the three-year limitation begins when a man signs a declaration of paternity. The measure also would create a window to give people who wish to challenge an existing paternity finding -- but were prevented from doing so by the three-year limitation -- until February 1996 to do so. Also, a woman's husband would not automatically be legally presumed her child's father under the bill. Current parentage recognition law says only an unmarried woman can sign a recognition legally citing a man as her child's father. A married woman's husband is legally presumed the father of her child. HF1105 says a married woman could sign the recognition if the woman's husband also signs, agreeing another man is the father. That man must also sign the legal statement, saying he is the biological father of the child. Leighton said the provision would come into play if the woman is separated from her husband. The law would presume her husband is the father and must pay child support, although the couple may have been long separated. "There's no way now for parties to recognize paternity in this manner," Leighton said. Now, even if the child is born 280 days after a legal separation, divorce, or death of the husband, the husband is still legally considered the father. The bill now moves to the Senate. Radar jamming Speeders would lose a leg up on police under a bill that received final passage March 29 on 129-0 vote in the House. HF1011, sponsored by Rep. Dan McElroy (IR- Burnsville), would make it illegal to sell, use, or possess a radar jammer. Violators could face $200 fines. The bill targets devices that send out radio waves from a car or truck to block the effectiveness of radar guns police use to catch speeding drivers. McElroy said radar jammers are more dangerous than their less-sophisticated brethren, radar detectors or fuzz busters. Why? Because a screeching radar detector likely will cause a driver to slow down, McElroy said, but a driver using a jamming device can travel at illegal speeds relatively free from risk of being caught. The bill now goes to the Senate. Toxic tenants A building owner would have a greater chance of successfully suing a renter who moves out and leaves behind containers of hazardous waste, under a bill approved by the House Environment and Natural Resources Committee March 29. The bill would apply to both residential or commercial space rental. HF1320 would require the property owner to request in writing that the renter "remove and properly dispose of the abandoned waste." Cleaning solvents or other flammable or corrosive liquids would be examples of such waste. By law, they must be properly disposed of at an authorized waste facility. If the renter does not remove all the waste within 20 days, the property owner can then remove the waste and would be entitled to twice the costs incurred for cleaning up and disposing of the waste. The owner also is entitled to "losses that result from court costs and attorney fees." Under current law, a property owner's only financial recourse is to withhold a tenant's damage deposit. Bill sponsor Rep. Robert Leighton (DFL-Austin) said the proposal addresses a growing problem of business and residential tenants who "abandon hazardous waste on someone else's property." Testifying on behalf of the bill, Leroy Paddock, state assistant attorney general, told lawmakers that the measure would "create two positive incentives." First, a tenant would be encouraged to not leave a toxic mess behind; and second, a landlord would properly dispose of hazardous waste in order to collect two times his or her costs. The original bill required a 30-day period for cleaning up the waste, but a successful amendment by Rep. Dick Pellow (IR-New Brighton) reduced it to 20 days. HF1320 now moves to the Judiciary Committee. TRANSPORTATION Pay up or no tabs Car owners who haven't paid their parking tickets wouldn't be able to renew their annual license plate tabs, under a bill approved March 24 by the House Transportation and Transit Committee. "If you go to get your license plates renewed and you owe money for a ticket, you must pay for the ticket," said Rep. Wayne Simoneau (DFL- Fridley), who sponsors HF426. In Hennepin County, unpaid parking tickets currently total $1.3 million, Simoneau said. Anoka County District Court now shows 708 outstanding parking tickets. Currently, Minnesotans who don't pay parking tickets within a set time have warrants issued for their arrests. Issuing warrants costs money and police officers must take time tracking down people who haven't paid their tickets. Simoneau's bill would allow deputy registrars to search Department of Public Safety records before issuing a renewed or new license plate tab to a vehicle owner. If the search shows an outstanding parking ticket, the owner could pay the deputy registrar at that time, or could pay the district court. All parking fines would increase by $1 to cover the cost of the registrars' search. The bill would require an improved computer link between the Department of Public Safety computer system -- where parking tickets are registered -- and the deputy registrars' computer system. The two systems already are connected, though the connection would need upgrading, Simoneau said. He had no cost estimate for such an upgrade. He said similar legislation has passed the Transportation and Transit Committee three times -- including his original proposal in 1987 -- but wasn't approved by the House because some members felt those who break the law should appear before the district court. Simoneau said his legislation would save the system time and money. HF426 now moves to the Judiciary Committee. VETERANS Bonus for Gulf vets Minnesotans who served during the Persian Gulf War could receive a cash bonus from the state, under a bill approved March 27 by the House General Legislation, Veterans Affairs and Elections Committee. HF532, sponsored by Rep. Betty McCollum (DFL- North St. Paul), calls for voters in the 1996 general election to decide on a proposed constitutional amendment authorizing the state to sell bonds to pay a bonus to Gulf War veterans. (See Feb. 24, 1995, Session Weekly, page 13) Voters must approve the state's intent to borrow money through bonding if the state uses the money to pay individuals. Such bonuses were paid by the state to veterans of World War II and the Vietnam War. A constitutional amendment to sell bonds went before the voters both times. The state did not put a constitutional amendment before the people to pay World War I veterans' bonuses. The decision remains controversial. Korean Veterans were paid by a state appropriation. Rep. Mike Osskopp (IR-Lake City) also had introduced a bill (HF566) calling for a gulf vets' bonus this session. He is now working with McCollum, rather than pursuing a separate proposal. HF532 contains no dollar amount for the bonus, merely the call for the constitutional amendment. A bonus could cost the state from $8 million to $16 million, based on bonuses paid to Minnesota Vietnam War veterans, Osskopp told committee members. Should the amendment be approved by voters, the 1997 Legislature would need to pass a law detailing who would be eligible for the bonus and how much each bonus would be. The specific amount of the bonding authorization also would be determined at that time. The bill now moves to the Rules and Legislative Administration Committee. Disabled Vietnam vets A Minnesota veterans agency that helps disabled Vietnam veterans present claims for federal compensation would receive $30,000 from the state, under a bill approved by the House General Legislation, Veterans Affairs and Elections Committee March 27. The money would be used throughout the 1996- 97 biennium to hire a full-time representative for the Minnesota State Council of Vietnam Veterans of America. That person would work from the council's current office in the Veterans Services Building, said Michael Marks, the council's president. Currently, all council members are volunteers, he added. Because most council members are Vietnam veterans themselves, they can aid other, perhaps more isolated, veterans in taking advantage of federal and state resources available to them, Marks said. The council particularly seeks out Minnesota's approximately 10,000 homeless Vietnam veterans so they can receive state and federal money, he added. The bill (HF1045) sponsored by Rep. Sharon Marko (DFL-Newport) will be heard next in the Governmental Operations Committee. Women vets memorial Minnesota would contribute $15,100 to the federal government to help build a women in military service memorial at Arlington National Cemetery, under a bill approved March 27 by the House General Legislation, Veterans Affairs and Elections Committee. Officials at the cemetery in Arlington, Va., have asked each state to contribute $1 for each woman from that state who served in the military. In Minnesota, the number is about 16,200, rather than 15,100, said Rep. Tom Osthoff (DFL-St. Paul). HF1001, however, calls for $15,100 to be appropriated in 1996 from the general fund to be used for a contribution to the memorial, which will be built at the cemetery entrance. Next, the bill will be heard by the Governmental Operations Committee. New members . . . Chance to serve public guides Otremba to House When former Rep. Rick Krueger decided not to seek a seventh term, he called Ken Otremba and suggested he should run for the position. Otremba, in his sixth year as a Todd County commissioner and recovering from cancer surgery, wasn't sure he wanted the job. He knew a seat in the Legislature would necessitate much time away from his family. "I didn't know if I was going to run. I went to church on Sunday and, sure enough, the sermon was about service to the people. So I decided to run. But during the week I changed my mind. That's the way it went. On Sundays I would feel an obligation to run. Finally, one day, I just decided to run," Otremba said. But it wasn't all downhill from there. The DFLer had to scrape through a narrow primary and a close general election to attain his legislative seat. "It was a lot of work, especially while trying to be a county commissioner at the same time," Otremba said. The close race came at a time when Independent-Republicans gained seats in Minnesota and throughout the nation. Otremba's district -- which includes Todd County as well as parts of Douglas, Otter Tail, Stearns, and Wadena counties in central Minnesota -- is fairly conservative, he said. He brings to the Capitol a focus on health and human services, welfare reform, and agricultural, particularly wetlands, issues. His knowledge gained while operating his dairy farm near Long Prairie the past 20 years gives him a solid background on agricultural and related environmental issues. And his background as a county commissioner -- as well as a four-year stint as a township officer -- provided a good understanding of a variety of governmental issues, including health and human services. Otremba says he's still surprised by the length of his political career. After all, he said he stayed home from high school on days he had to give speeches for fear of speaking in public. Despite his lengthy public service resumŽ, Otremba says he holds no burning desire to affix his name to many bills. "I'm not really interested in carrying a lot of legislation. I know the issues and I have the experience, but I feel I should know the procedure and the people a little before promoting certain issues," he said. The topics he's encountered so far this session are the same ones he dealt with as a county commissioner. As a commissioner, however, he implemented the policies he's now helping create, he said. "The county is primarily responsible for carrying out many of the programs the state makes," he said. For instance, as a commissioner he helped ensure farmers followed the rules set forth by the 1991 Wetlands Conservation Act. This year, the House Agriculture Committee, of which Otremba is a member, approved a bill that would give counties more authority to determine which local wetlands should be saved and which might be developed. There are further differences between state and county politics, he said. As a commissioner, he was quite busy. But now that he's at the Capitol "there's not enough time in the day," he said. In fact, one of his goals for this session is merely to keep up with his busy schedule. Also, he's glad citizens and others affected by potential laws get a chance to tell legislators what those changes would mean to them. Sometimes, though, that personal testimony is difficult to come by at the Capitol, Otremba said. The stories of disabled Minnesotans who would be affected by Gov. Arne Carlson's $11.5 million in cuts to home care programs for the disabled were extremely emotional, Otremba said He serves on the Health and Human Services Finance Division which heard that testimony March 22. While not engrossed in political life, Otremba enjoys hunting, woodworking, and spending time with his family: wife, Mary Ellen; son, Andy, a freshman at St. John's University in Collegeville, Minn.; son, Tim, a high school student; and daughters Kate and Elizabeth, both grade schoolers. He wishes he had more time to spend with them. But then he thinks of the Sunday sermon on public service. -- Jean Thilmany District 11B Population: 32,719 Distribution: 16.93 percent urban; 83.07 percent rural Counties: Douglas, Ottertail, Stearns, Todd, Wadena Largest city: Long Prairie Location: west central Minnesota Unemployment rate: 6.21 percent Residents living below poverty level: 18.98 percent 1992 presidential election results: Bush/Quayle 36.88 percent Clinton/Gore 35.01 percent Perot/Stockdale 26.68 percent Other: 1.43 percent New members . . . Tales from 'dogwatch' bring Stanek to Legislature As a detective in the Minneapolis Police Department's Robbery Unit, Rep. Richard Stanek (IR-Maple Grove) sat at a desk next to then state Sen. Pat McGowan. In the office and when they occasionally patrolled together on "dogwatch" or the night shift, McGowan's tales of the Capitol "piqued" Stanek's longtime interest in politics and government. McGowan left the Senate last year to become Hennepin County Sheriff, indirectly creating an opening for Stanek, who had considered running for elective office for years. So when former Rep. Warren Limmer decided to run for McGowan's Senate seat, Stanek said he "jumped at the opportunity" to run for Limmer's old seat in the special election that was held March 7. Now, Stanek will be in the unique position of applying the crime laws he will help craft as a member of the Judiciary Committee -- a committee he said he was excited to be appointed to. "I'm a practitioner in the field of law enforcement and I bring that practical point of view with me to the Legislature," said Stanek, who joined the Minneapolis Police Department in 1986 and currently holds the rank of sergeant. He thinks there are "unique approaches out there" to fighting crime that won't burden the state budget and require tax hikes. "There are a number of ways that we can keep our tough stance on crime . . . while not devoting millions and millions of dollars to something that's not working," said Stanek. "This is what the public wants; crime is still the number one issue." He suggests continued funding for crime prevention and victim services, but draws the line on taxpayers footing the bill for lawsuits filed by prison inmates "who sue the state because their underwear is too tight. Is that nonsense? Absolutely. Are there loopholes that the Legislature should shut down? Absolutely." Although Stanek is the House's newest member, he's no stranger to politics and the Legislature. He worked as a volunteer on campaigns for both Limmer and McGowan. And in 1991 he was appointed by the governor as chair of the Peace Officer Standards and Training (POST) Board, which licenses Minnesota police officers. In that capacity, Stanek testified before legislative committees about law enforcement issues. (He resigned from the POST Board, however, after being elected to the Legislature.) Now that his long-held "dream" of serving in the Legislature is fulfilled, he says he enjoys the view from the other side of the table. "I get to see firsthand how decisions are made, how the policy is made, and what thought and rationale goes into some of the policies. Some I agree with, some I don't," Stanek said. In addition to his input on criminal justice issues, Stanek will have a voice in shaping the state's K-12 and higher education policy as a member of the Education Committee. He has also been involved in numerous community projects. Stanek is the founder and guiding force behind Cops Care, a group of police volunteers who try to "bridge the gap between police and at-risk minority youth" in Minneapolis. The group sponsors community baseball and basketball teams, and takes kids to Timberwolves games and on week-long canoe trips in the Boundary Waters. Stanek's involvement with Cops Care was recognized last September by KARE-11 TV, which presented him with their Eleven Who Care award for exemplary community service. A native of northeast Minneapolis, Stanek holds a B.A. in Criminal Justice from the University of Minnesota, and an M.A. in Public Administration from Hamline University. He and his wife, Sally, have a son, Ryan, 2, who has already checked out the red and green voting buttons on his dad's desk on the House floor. Stanek is "expecting anytime" to hear the signal from the beeper clipped to his belt, which will tell him to "come on home" and prepare for the birth of their second child. -- Mordecai Specktor District 33B Population: 33,205 Distribution: 100 percent urban County: Hennepin Largest city: Maple Grove Location: northwestern Metro Unemployment rate: 2.88 percent Residents living below poverty level: 2.54 percent 1992 presidential election results: Bush/Quayle 37.53 percent Clinton/Gore 36.75 percent Perot/Stockdale 25.02 percent Other: 0.7 percent DO YOU KNOW? The 1994 Minnesota Legislature passed a law that bans the sale of Crazy Horse malt liquor, but you can still buy it at a liquor store near you. Why? Because a New York brewer is challenging the law, arguing that it impairs the company's First Amendment right to free speech and tries to legislate political correctness. But Native Americans said that Hornell Brewing Co.'s product desecrates the memory of the revered Oglala Lakota spiritual and political leader, who vehemently opposed the use of alcohol by his people and foresaw the social devastation it would cause. The Minnesota law instructs the Department of Public Safety to revoke the registration of any malt liquor brand that "states or implies in a false or misleading manner a connection with an actual living or dead American Indian leader." The Minnesota Department of Public Safety (DPS) liquor control division subsequently ordered Hornell and G. Heileman, the LaCrosse, Wis., brewer that produces the beer under contract with Hornell, to remove the product from store shelves by Aug. 1, 1994. Also, Barton Beers, Ltd. of Chicago, producer of Chief Oshkosh beer was ordered to stop selling their product in the state. (Chief Oshkosh led the Menominee Nation in what is now Wisconsin during the early 19th century.) But Hornell and G. Heileman appealed the order, and a hearing will be held before an administrative law judge April 19, according to Jeff Lebowski of the state Office of the Attorney General. The judge has allowed the administrator of the Crazy Horse estate, Seth Big Crow of Upper Cut Meat on the Rosebud Indian Reservation in South Dakota, to intervene in the case. Politicians out west seem to be following Minnesota's example. On Feb. 24, a bill was introduced in the California Assembly that would make it unlawful to sell any alcoholic beverage with a label bearing the name "Crazy Horse." NOTES Rep. Willard Munger (DFL-Duluth) has proposed a study for peat's sake. The University of Minnesota-Duluth's Natural Resources Research Institute would study "reclamation and restoration options for harvested peatlands" and how peat harvesting affects water quality, under a bill (HF1589) approved by the Environment and Natural Resources Committee March 29. Several years ago, then-Gov. Rudy Perpich touted peat mining as a way to revitalize Minnesota's rural economy, according to Munger, who chairs the environment committee. "Gov. Perpich and I parted company on the peat issue," he recalled. Munger said Perpich envisioned using the state's 6 million acres of peat bogs as an energy resource -- transforming Minnesota into the Saudi Arabia of peat. But a peat study commissioned by Perpich found that burning peat to generate electricity would exhaust the available supply of peat within 27 years. Ireland went from burning peat for home heating to burning it for energy generation and used up all their peat, warned Munger. A wan but chipper Rep. Becky Kelso (DFL- Shakopee) steered the House Education Committee's University of Minnesota Finance Division through a two-hour hearing March 29, her first committee meeting since her March 16 ovarian cancer surgery. Rep. Roger Cooper (DFL-Bird Island) and Rep. Gene Pelowski (DFL-Winona) stood in back of the room before the meeting began, not wishing to miss the opportunity to welcome Kelso back. After calling the meeting to order, Kelso thanked division staff and Vice Chair Rep. Joe Opatz (DFL-St. Cloud) for handling committee work in her absence. Doctors believe the cancer has been contained and tests found it has not spread any further. Still, she will have three chemotheraphy treatments over the next three months as a preventative measure. She underwent the first treatment March 30. Kelso hopes to return to the House on a part time basis soon, possibly next week. Kelso has been overwhelmed by all the cards, flowers, and good wishes she has received from people while recovering from surgery. She also is grateful to her husband, Michael, and two sons, ages 19 and 21, for their support. They probably wanted him to switch to AT&T. During an early March meeting of the House Regulated Industries and Energy Committee, Lyle Williamson of MCI was testifying on a complicated telecommunications deregulation bill. In the middle of his discourse on how people are using the telephone like never before -- for long distance and international calling, faxing, and call forwarding -- a ringing telephone interrupted the proceedings. Everyone broke out in laughter when Williamson reached into his suit coat pocket and turned off his cellular telephone. In the Hopper . . . March 24 - 30, 1995 BILL INTRODUCTIONS Monday, March 27 HF1655--Wejcman (DFL) Housing Safe house program expanded to include homeless youth transitional housing, andmoney appropriated. HF1656--Dawkins (DFL) Taxes Property tax reform commission created, and local government aid restructured. HF1657--Tunheim (DFL) Environment & Natural Resources Conservation officer enforcement powers clarified, and property confiscation and sale procedures established. HF1658--McGuire (DFL) Governmental Operations Special School District No. 1, Minneapolis, retired teacher provided early retirement benefits. HF1659--Skoglund (DFL) Judiciary Alcohol related offenses and licensing actions retained on driving records permanently. HF1660--Davids (IR) Financial Institutions & Insurance Life or health insurance agent quotas prohibited. HF1661--Clark (DFL) Environment & Natural Resources Environmental justice study required by environmental quality board, and money appropriated. HF1662--Jennings (DFL) Health & Human Services Cambridge regional human services center catchment area integreated services network established for persons with developmental disabilities, redevelopment plan required, state property sale authorized, and money appropriated. HF1663--Lynch (IR) Health & Human Services Woman's right to know act adopted, and money appropriated. HF1664--Onnen (IR) Health & Human Services Nursing home bed transfer from Minneapolis to Watertown authorized. HF1665--McGuire (DFL) Judiciary Juvenile delinquent information treatment by school officials prescribed and data classification provided. HF1666--Bertram (DFL) Commerce, Tourism & Consumer Affairs Geoscientist licensure required by board of architecture, engineering, land surveying, landscape architecture, and interior design. HF1667--Greiling (DFL) Education Statewide education achievement annual report required, average student achievement standards established, school district net tax capacities adjusted, referendum allowances reduced, staff and student programs provided, money appropriated. HF1668--Dawkins (DFL) Education Youth works grant program modified, statewide education and employment transition system established, workforce development council established, youth employer and career magnet grant programs established, and money appropriated. HF1669--Winter (DFL) Agriculture Family farm and cooperative agricultural wind energy resource development loans and incentives provided. HF1670--Bakk (DFL) Economic Development, Infrastructure, & Regulation Finance Loggers targeted industry fund sunset repealed. HF1671--Knoblach (IR) Governmental Operations Lottery abolished, racing commission abolished and duties transferred, and penalties provided. HF1672--Jaros (DFL) International Trade & Economic Development Energy efficient investment opportunity identification grants provided to businesses, and money appropriated. HF1673--Wejcman (DFL) Taxes Counties authorized to delegate tax-forfeited land administration authority to county auditors. HF1674--Tunheim (DFL) Transportation & Transit Transportation regulation board abolished, and motor and rail carrier regulation authority transferred to transportation department HF1675--Osthoff (DFL) Transportation & Transit Metropolitan Council transit planning, financing, coordination, and operation authority transferred to Transportation Department, light rail transit provided, and money appropriated. HF1676--Pugh (DFL) Judiciary Assault in the fifth-degree domestic assault provisions modified. HF1677--Mahon (DFL) Transportation & Transit Livery service transportation providers permit required, and livery service license plates provided. HF1678--Finseth (IR) Local Government & Metro Affairs Red Lake County authorized to charge Polk County an outlet fee for drainage system use. HF1679--Macklin (IR) Judiciary Courts authorized to collect unpaid fines, surcharges, court costs, and fees after stayed sentences are served. HF1680--Bradley (IR) Education Homework helpline established, and money appropriated. HF1681--Skoglund (DFL) Judiciary DWI; gross misdemeanor penalty provided for criminal vehicular operation resulting in bodily harm. HF1682--Bakk (DFL) Taxes Seasonal recreational property tax payment income tax credit established. HF1683--Wenzel (DFL) Education Model K-12 environmental education curriculum integration program appropriated money. HF1684--Wenzel (DFL) Education Higher education state grant eligibility enrollment period modified. HF1685--Lourey (DFL) Health and Human Services Kinship caregivers ombudsperson established, and adoption assistance program eligibility and adoption assistance reimbursement provisions modified. HF1686--Wejcman (DFL) Health & Human Services Group residential housing moratorium exception provided for supportive housing units for homeless adults. HF1687--Anderson, B. (IR) Environment & Natural Resources Wright County; Lake Pulaski water level lowering authorized. HF1688--Krinkie (IR) Governmental Operations Target Center financing, ownership, and use provided, bonds issued, and money appropriated. HF1689--Marko (DFL) Economic Development, Infrastructure, & Regulation Finance Wakota bridge-trunk highway No. 61 construction in Newport required. HF1690--Cooper (DFL) Taxes Tax abatement districts established by municipalities. HF1691--Haas (IR) Taxes This Old House Law; valuation exclusion provided for improvements to certain residential property. HF1692--Schumacher (DFL) Education Service cooperatives established to replace educational cooperative service units. HF1693--Harder (IR) Education School district planning grant availibility extended for certain districts operating under a joint powers agreement. HF1694--Knoblach (IR) Taxes Tangible personal property lessees provided tax payment option. HF1695--Delmont (DFL) Ways & Means Legislative commission to review rules; children, youth, and families; water; economic status of women; child protection; health care access; long- term health care; waste; and tax study commissions abolished, and LCMR duties transferred. HF1696--McGuire (DFL) Judiciary State agency intellectual property protection and sale authority provided, and money appropriated. HF1697--Wenzel (DFL) Agriculture Education in agriculture leadership council appropriated money. HF1698--Kinkel (DFL) Regulated Industries & Energy Propane gas container safety regulations, penalties, and remedies provided. Wednesday, March 29, 1995 HF1699--Rest (DFL) Health & Human Services Birth defects registry system developed, report required, and money appropriated. HF1700--Murphy (DFL) Judiciary Finance Hennepin, Ramsey, and St. Louis County productive day initiative program funding provided, and money appropriated. HF1701--Pugh (DFL) Judiciary Court case record sealing prohibited related to certain litigation. HF1702--Rukavina (DFL) Taxes Taconite relief area commercial-industrial property increased assessment allocation provided. HF1703--Goodno (IR) Local Government & Metropolitan Affairs Unincorporated area agricultural development limited. HF1704--Rest (DFL) Commerce, Tourism & Consumer Affairs Limited liability company technical and conforming changes provided. HF1705--Knoblach (IR) Capital Investment Public bond issuance seven-year authority limit provided. HF1706--Carruthers (DFL) Environment & Natural Resources Senior citizens authorized to take fish without a license. HF1707--Delmont (DFL) Commerce, Tourism & Consumer Affairs Pipefitter licensure requirements modified. HF1708--Bettermann (IR) Governmental Operations Minnesota quality college established within the department of employee relations to provide quality improvement training resources for state officials and employees. HF1709--Workman (IR) Local Government & Metropolitan Affairs Chanhassen playground equipment bid specification provisions modified. HF1710--Davids (IR) Governmental Operations Public official salary limits established and modified. HF1711--Lourey (DFL) Education School district reorganization provided to determine allocation of homestead and agricultural credit aid. HF1712--Boudreau (IR) Local Government & Metropolitan Affairs Faribault tax increment financing district restriction exemption provided, and money appropriated. HF1713--Greenfield (DFL) Health & Human Services Physician and health maintenance organization surcharge provisions clarified, and hospital and nursing home payments modified. HF1714--Greenfield (DFL) Health & Human Services Social security act claim record copy charge prohibited. HF1715--Holsten (IR) Labor-Management Relations Correctional officers added to presumption of occupational disease for workers' compensation purposes. HF1716--Knight (IR) Regulated Industries & Energy Energy conservation efficiency program in state owned buildings repeal delayed. HF1717--Schumacher (DFL) Environment & Natural Resources Finance Benton County reimbursed for landfill cleanup costs, and money appropriated. HF1718--Rest (DFL) Local Government & Metropolitan Affairs Municipal annexation policy and procedures established. HF1719--Onnen (IR) Local Government & Metropolitan Affairs McLeod County offices temporary relocation authorized. HF1720--Sviggum (IR) Financial Institutions & Insurance Liability insurance coverage to include coverage for punitive damages. HF1721--Tunheim (DFL) Environment & Natural Resources Roseau County state land conveyance authorized. HF1722--Workman (IR) Education Educational certificate aid act of 1995 adopted. HF1723--Wejcman (DFL) Health & Human Services Inborn metabolic diseases in infants testing fee increased. HF1724--Jennings (DFL) Labor-Management Relations Prevailing wage hour, rate, and application provisions modified. HF1725--Otremba (DFL) Taxes Platted land value assessment provided in ceratin municipalities. HF1726--Carruthers (DFL) Governmental Operations Administrative rules simplification and accountability act of 1995 adopted. HF1727--Jaros (DFL) Environment & Natural Resources Finance Natural resources research institute of the University of Minnesota allocated funds from taconite company occupation taxes, and money appropriated. HF1728--Carlson (DFL) Education Arts education center teachers moved from unclassified to classified service. HF1729--Tuma (IR) Health & Human Services Prader-Willi syndrome treatment facility certification required. HF1730--Solberg (DFL) Education Sparsity revenue formula established for capital facilities and equipment revenue, and special assessment levy allowed. HF1731--Dempsey (IR) Transportation & Transit Motor vehicle registrations obtained with worthless checks revoked by deputy registrar, and notice required. HF1732--Rice (DFL) Commerce, Tourism & Consumer Affairs Entertainment agencies act modified. HF1733--Schumacher (DFL) Environment & Natural Resources Landfill cleanup program qualified facility definition modified. HF1734--Krinkie (IR) Taxes Used watercraft exempted from sales and use taxes. HF1735--Carlson (DFL) Education Higher education application fee waiver provided, state grant enrollment limits modified, and child care grant allocation process modified. HF1736--Kalis (DFL) Transportation & Transit Retired firefighter special license plates issued to retired firefighters. HF1737--Broecker (IR) Labor-Management Relations Collective bargaining agreements permitted for workers' compensation purposes. HF1738--Greenfield (DFL) Health & Human Services Human services base level funding definition modified, local children's mental health collaborative provisions modified, integrated fund task force provisions modified, and integrated service system approval required. HF1739--Dawkins (DFL) Education Class size ratio reduction funding provided, and money appropriated. HF1740--Dempsey (IR) Education Voter-approved operating referendum revenue reduction repealed. HF1741--Boudreau (IR) Education Rice County state land conveyance authorized. HF1742--Long (DFL) Health & Human Services Breast cancer insurance coverage provided. HF1743--Carlson (DFL) Education Vocational high school planning process established, and money appropriated. HF1744--Milbert (DFL) Taxes Indoor ice arena construction materials and supplies exempted from sales and use taxes. HF1745--Orenstein (DFL) Governmental Operations Citizen advocate office established within administration department, ombudspersons services coordinated, and money appropriated. Thursday, March 30 HF1746--Wenzel (DFL) Agriculture Congress memorialized to design and implement a 1995 farm bill that is equitable to Minnesota family farmers. HF1747--Jaros (DFL) Commerce, Tourism & Consumer Affairs Barber services performed for charitable purposes provided exemption from registration and other requirements. HF1748--Davids (IR) Education Independent School District No. 227, Chatfield, fund transfer authorized. HF1749--Macklin (IR) Financial Institutions & Insurance Fire insurance timely proof of loss provisions regulated. HF1750--Simoneau (DFL) Labor-Management Relations Public employment labor relations act expanded to include legislature. HF1751--Simoneau (DFL) Commerce, Tourism & Consumer Affairs Fireworks definition modified, and sale of certain fireworks permitted. HF1752--Erhardt (IR) Education Independent School District No. 273, Edina, fund transfer authorized. HF1753--Van Dellen (IR) Environment & Natural Resources Lake Minnetonka conservation district governing body member appointment provided. HF1754--Ness (IR) Education Post-secondary enrollment options act advanced placement and international baccalaureate program provisions modified. HF1755--Onnen (IR) Taxes Revenue recapture act compliance provisions modified. HF1756--Rhodes (IR) Commerce, Tourism & Consumer Affairs Electronic business records permitted, creditor distribution plan objection determination rule provided, and debt prorating agencies permitted to impose and collect penalties for bad check issuance. HF1757--Mares (IR) Taxes Property tax statewide equalization provided for commercial and industrial property, commercial, industrial, and agricultural property excluded from tax base referendum levies, and money appropriated. HF1758--Broecker (IR) Judiciary Educational data on individuals release as directory information prohibition provided. HF1759--Jennings (DFL) Governmental Operations Administrative rulemaking procedures modified, and money appropriated. HF1760--Murphy (DFL) Taxes Property tax exemption extended to businesses that lease property at certain airports. HF1761--Murphy (DFL) Judiciary Finance Juvenile jurisdiction, procedures, and disposition provisions clarified, educational programs and studies provided, youth service centers and pilot projects established, secure placement disposition provided, and money appropriated. HF1762--Carlson (DFL) Education Academic excellence foundation appropriated money. HF1763--Dauner (DFL) Education Independent School District Nos. 21, Audubon, and 24, Lake Park, authorized to elect school board members from multimember districts. HF1764--Tunheim (DFL) Education Arts education center appropriated money. HF1765--Holsten (IR) Local Government & Metropolitan Affairs Bayport tax increment financing district exempted from aid offsets. HF1766--Tunheim (DFL) Transportation and Transit Highway user tax distribution fund apportionment provided for town road bridge and town road accounts, trunk highway designation requirement removed, county state-aid highway system mile limitation removed, and gas tax rate modified. HF1767--Paulsen (IR) Environment & Natural Resources Hennepin County tax-forfeited land conveyance authorized. HF1768--Tunheim (DFL) Environment & Natural Resources Road authorities authorized to maintain and repair roads affecting public water wetlands. HF1769--Lourey (DFL) Education Youth works grant program modified, statewide education and employment transition system established, governor's workforce development council established, youth apprenticeship program modified, and money appropriated. HF1770--Kelley (DFL) Taxes Property tax exemption qualification time requirements exception provided. HF1771--Murphy (DFL) Judiciary Finance Crime victim ombudsman established as an independent state office, and crime victim ombudsman appointment by and accountability to governor provided. MINNESOTA INDEX Minnesota sex offenders Minnesota prisoners incarcerated for sex offenses, 1995 1 in 5 Sex offenders that will be released from prison within the next two years 983 Sex offenses reported to Minnesota police, 1971 2,303 in 1993 6,439 Percent of 1993 reported offenses resulting in arrest 49 Percent of the victims of convicted sex offenders who were under 18 years of age 90 Percent of victims who were strangers to the offender 6 Sex offenders convicted in 1991 1,379 Number of those who were juveniles 654 Average term for those convicted of first- through fourth-degree criminal sexual conduct who were sentenced to prison, in years, 1992 7.4 Sex offenders sent to prison when state sentencing guidelines called for a stayed sentence with probation, 1992 15 Sex offenders who received a stayed sentence when state guidelines called for a prison term, 1992 125 Rate that Twin Cities metro area offenders were likely to receive probation, compared to outstate offenders, when sentencing guidelines called for a prison sentence, 1992 2:1 Number of Minnesota sex offender treatment providers, fall 1993 70 Treatment programs that keep data on the recidivism rates of their clients 8 Number of the 70 programs that are outpatient providers 51 Average hours of treatment per week, in an outpatient program 2.9 inpatient programs 8.5 Average cost, per day, for treating a sex offender at the Minnesota Security Hospital in St. Peter $210 Average daily cost at the four adult correctional facilities with treatment programs $77 Charge, per hour, of an average outpatient provider of group therapy $38 for individual therapy, per hour $86 Sex offenders who received treatment, 1992 2,550-2,650 of those, offenders treated in outpatient programs 2 in 3 Outpatient treatment programs which would not accept "developmentally disabled" offenders, (those with an IQ of less than 70) 3 in 4 Percent of treated offenders who did not complete the treatment "to the satisfaction of program staff" 47 Of those who did not complete treatment, number who were asked to leave by program staff 4 in 10 Source: Sex Offender Treatment Programs, Program Evaluation Division, Office of the Legislative Auditor, July 1994; Minnesota Department of Corrections.