SESSION WEEKLY
A NON-PARTISAN PUBLICATION OF THE 
MINNESOTA HOUSE OF REPRESENTATIVES

APRIL 28, 1995
VOLUME 12, NUMBER 17


WEEK IN REVIEW. . . APRIL 20 - 27, 1995
HIGHLIGHTS

Omnibus tax bill . . . 
Cabin owners, seniors would benefit from proposal

Certain Minnesota cabin owners would get a 
property tax break, under the omnibus tax bill 
given final approval April 25 by the House. The 
vote was 75-57.
     Residents earning less than $62,000 annually 
who pay high taxes on their lake cabins in 
proportion to their income would see their taxes 
decline as much as $440 each year. 
     The current 'circuit breaker' property tax refund 
program, designed to help those with lower incomes 
who live in higher-valued homes, would be 
expanded in 1997 to include lake cabins.
     The tax break would cost the state between $8 
million and $9 million in lost revenue per year. The 
maximum tax credit available under the program is 
$440 per year.
     The tax bill passed by the Senate (HF602) would 
aid all cabin owners, regardless of income. It would 
also give the tax break to non-residents.
     The current property tax rate on seasonal 
recreation property is 2 percent of the property's 
value up to $72,000, and 2.5 percent on the value 
over $72,000. 
     An amendment to cut the rate to 1.5 percent on 
the first $72,000 of value was unsuccessful. 
     The House tax bill (HF1864) also would impose a 
new property tax on wind energy conversion 
systems, but the tax would be a boon for Lincoln 
and Pipestone counties in southwestern Minnesota.
     The proposal does not cut $57 million in local 
government aid for the current year, as called for 
by Gov. Arne Carlson. But an across-the-board cut 
of $20 million in Homestead and Agricultural Credit 
Aid to local governments would take effect in the 
second year of the biennium.
     Stripped from the bill during an April 24 Ways 
and Means Committee hearing was a provision to 
increase the cigarette tax to 51 cents per pack -- up 
from the current 48 cents per pack. The tax hike 
would have generated $23.6 million over the 
biennium to help fund state tobacco prevention 
efforts.
     Attempts to reinstate the cigarette tax increase 
on the House floor were unsuccessful.
     HF1864, sponsored by Rep. Ann Rest (DFL-New 
Hope), sets a budget reserve of $350 million for the 
state and also includes the following tax changes. 

Tax deferral for seniors
     Senior citizens on fixed incomes could defer a 
portion of their property taxes, under the bill.
     The bill states it is 'in the public interest of this 
state' to stabilize the tax burden of low-income 
seniors, and that the current tax system 'does not 
adequately recognize the unique financial 
circumstances' of such homeowners.
     The bill would require those over age 65 with a 
total household income of less than $30,000 to pay 
only 5 percent of their income toward property 
taxes.
     (The homeowner must have lived in the 
residence for at least 15 years to qualify for the tax 
break.)
     A couple whose income totals $20,000, for 
example, would pay a maximum of $1,000 annually 
in property taxes. The remainder would be 
deferred. The state would pick up the rest of the 
tab, and place the cost of the deferment as a lien on 
the property.
     Interest would be charged on the deferred 
amount, and tied to the prime lending rate.
     The deferral period would end if the property is 
sold, the homeowner dies, or the property is no 
longer homesteaded.
     The program would take effect for taxes payable 
in 1996.
     This portion of the bill was originally sponsored 
as HF461, sponsored by Rep. Jean Wagenius (DFL-
Mpls). (Art. 4)

Wind energy property tax
     The current property tax exemption for wind 
energy conversion systems would end, under the 
bill.
     The change would be a boon to Lincoln and 
Pipestone counties, both property-poor but 
geographically poised nearby the 'Buffalo Ridge,' an 
area wind energy experts have called one of the 
best resources in the United States to tap wind and 
convert it to electricity.
     And with last year's law mandating that 
Northern States Power Co. (NSP) produce 425 
megawatts of wind energy by Dec. 31, 2002 (as a 
condition of allowing the company to store spent 
nuclear fuel at Prairie Island), there are many more 
wind turbines coming to the area.
     Under the bill, new wind energy systems 
generating less than two megawatts of electricity 
would remain tax exempt, as would the 73 existing 
wind towers in Lincoln County. Beginning with 
taxes payable in 1996, all other new wind energy 
systems would be taxed.
     The owner of the wind power system would pay 
at the commercial-industrial property tax rate: 3 
percent of the first $100,000 of the wind energy 
system's value and 4.6 percent on any value 
exceeding $100,000.
     But the tax would not apply to the entire value 
of the wind power structure -- each of which is 
estimated at between $325,000 and $400,000. Only 
the value of the structure's foundation and tower 
would be taxed -- or about 25 percent of the entire 
system's value.
     The tax bill passed by the Senate would tax only 
the structure's foundation -- or about 8 percent of 
the entire system's value.
     Since NSP already has taken bids for the first 
100 megawatts of wind energy, the bill would allow 
NSP to pass the cost of property taxes resulting 
from these wind energy systems on to rate payers. 
(Art. 3, Secs. 4, 5, 9, 14-15)

TIF district changes
     Under Minnesota law, cities can offer tax breaks 
to companies to help create jobs in their 
communities. In exchange for creating jobs, a city 
can agree to forego property taxes on a business for 
a set number of years.
     Proponents say these tax increment financing 
(TIF) district arrangements place businesses -- and 
jobs -- in Minnesota cities that would otherwise 
build elsewhere. Opponents have said they cost too 
much in lost property tax revenue -- about $260 
million per year, statewide, by some counts -- and 
at times provide tax breaks where businesses 
would be built without the state's help.
     Several bills were heard this session to limit the 
way different cities sometimes compete with one 
another to lure businesses to either move or expand 
in their towns through the creation of TIF districts. 
     Under provisions in the omnibus tax bill, cities 
would be required to show that the use of a TIF 
district would increase the taxable market value of 
a site over what would have occurred without TIF.
     And those who receive TIF benefits would have 
to pay the city back, on a pro-rated basis, in certain 
cases where the property is sold or transferred. 
     If the property is sold or transferred within five 
years, the recipient would have to pay back 100 
percent of the benefit to the city. The repayment 
rate would drop to 20 percent after eight years, 
with nothing owed if the sale or transfer occurs 
after nine years.
     This would apply to assistance authorized after 
July 31, 1995.
     Additionally, more details about TIF districts 
would need to be disclosed in legal sections of 
newspapers. Under current law, the disclosure 
doesn't have to be published if the city files an 
annual report with the state auditor. (Enforcement 
of the TIF law also would be shifted to the Office of 
the State Auditor from the Department of Revenue.)
     Finally, the Metropolitan Council would study 
the effect of TIF on land use patterns in the Twin 
Cities metropolitan area and report back to the 
Legislature by Feb. 1, 1996. Specifically, the council 
would study whether TIF has encouraged 
redevelopment and more efficient property uses in 
already developed areas, or whether it is 
accelerating the development of outlying areas.
     The provisions were originally contained in 
HF147, sponsored by Rep. Dennis Ozment (IR-
Rosemount). The more restrictive provision of that 
proposal -- limiting the use of TIF districts to cases 
where a business is considering a move out of state 
-- is not contained in the omnibus tax bill. 
     While several bills were heard to authorize new 
TIF districts throughout the state, none are included 
in the bill. The Senate tax bill includes 'special' 
provisions for 23 specific TIF districts throughout 
the state, from Crookston to Morris to Mankato to 
Lake City. (HF602, Art. 7, Secs. 12-13, 21, 28, 31)

Help for St. Paul landlords
     A program established in 1994 to encourage St. 
Paul landlords to reinvest more money in their 
properties would be extended for another year.
     Owners of single-family and duplex rental units 
would get a property tax break for repairing or 
upgrading their properties, under the program.
     The goal is to establish more safe, affordable 
housing for renters and to improve St. Paul 
neighborhoods.
     A total of $1 million was earmarked for the 
program, and about half of the money was not used.
     To participate, a landlord must pay a fee to hire 
a housing evaluator to inspect the rental unit or 
units, repair the property based on the evaluator's 
findings, have the property re-inspected after 
repairs, and gain approval from city officials. (Any 
life and safety hazards identified in the inspection 
would need to be repaired even if the building 
owner withdraws from the program.) (Art. 3, Sec. 
29)

Rural property tax break
     Those who own apartment buildings with four 
or more units in small cities outside the seven-
county metro area would see their property taxes 
decline.
     Currently, those property owners are taxed at 
3.4 percent of the property's value. Under the bill 
that would dip to 2.3 percent for taxes payable in 
1996.
     The tax break would apply to all apartment 
buildings located in cities outside the metro are 
with less than 5,000 residents.
     The provision is also designed as an incentive to 
encourage the building of such units, which are in 
short supply in Greater Minnesota's small cities. 
(Art. 3, Secs. 7-8)

'Targeting' refund program
     A state property tax refund program scheduled 
to end after the 1996 tax season would be made 
permanent and fully funded by the state.
     The state's 'targeting' refund program helps 
property owners whose taxes go up more than 12 
percent and increase by at least $100 over the 
previous year. 
     Under current law, the state can only give a 
maximum of $5.5 million in refunds under the 
program in a given year. When property taxes 
increase sharply across the state -- as they did for 
the 1994 tax year -- those funds don't provide help 
to everyone who is eligible.
     (In 1994, lawmakers made a one-time exception 
to the law and pumped a total of $11.7 million into 
the program to cover all those eligible for targeted 
refunds.)
     The maximum refund under the targeting 
program is $1,000. (Art. 5, Sec. 12)

Sales tax changes?
     Should clothing be taxed? Or should more 
services be subject to a sales tax?
     A 17-member advisory council would be 
established to study and recommend possible 
changes in the sales tax system.
     The council would be composed of five members 
each from the House and Senate, the commissioner 
of revenue, and six members of the public. 
     The council would have to suggest changes to 
the current sales tax system, and would specifically 
examine alternative forms of taxation, including a 
value-added tax or another form of consumption 
tax. Current tax exemptions also would be examined 
for possible alteration or elimination.
     The council would need to consider equity, 
efficiency, and ease of understanding in formulating 
its proposals for changing the current sales tax 
system. 
     Its findings would be presented to lawmakers 
by Feb. 1, 1996 -- in time for consideration by the 
1996 Legislature. (Art. 2, Sec. 41)

Tax-free horses (and feed)
     In 1994, lawmakers exempted many horse 
purchases (except race horses) from the state sales 
tax. When it goes into effect June 30, 1995, it's 
estimated to save horse buyers $200,000 a year. 
     This year, lawmakers have decided race horses 
ought to be sold tax-free as well. Horse feed and 
bedding used in breeding and racing horses would 
also be exempt. (Art. 2, Sec. 27)

Tax-free materials
     Materials and supplies used to construct an 
indoor ice arena would be exempt from the sales 
tax if it would be used primarily for youth activities 
or owned and operated under a joint powers 
agreement with a school district.
     This provision goes hand-in-hand with the 
'Mighty Ducks' provisions of the omnibus state 
government finance bill (HF1001), which would 
mark $3.2 million to help build ice arenas 
throughout the state. (Art. 2, Sec. 30 )
     Also, construction materials used to improve and 
expand the Duluth Convention Center would be 
exempt from the sales tax, under the bill. (Art. 2, 
Sec. 29)

Tax-free farm machinery
     The current sales tax exemption for used farm 
machinery, set to expire on June 30, 1995, would be 
extended until June 1, 1996. 
     The extension would cost the general fund 
$300,000 and the Local Government Trust Fund 
$1.3 million in lost revenue in fiscal year 1996. 
(Art. 2, Sec. 28)

1-900 calls
     Since 1992, there has been a 50-cent per-call 
tax on 1-900, 1-976, and other fee-per-call 
services. 
     This year, lawmakers are trying to repeal the 
tax entirely, as of June 30, 1995. 
     The original law was targeted at phone sex 
operations, but most are located out of state -- and 
therefore aren't subject to the tax. Some also skirt 
the tax by providing a 1-800 number and then use 
the connection to refer callers to 1-900 extensions.
     Those that are paying the tax include legitimate 
information services that have testified the tax has 
put them at a competitive disadvantage because 
out-of-state services are exempt from the 
surcharge. 
     The Department of Revenue estimates the state 
would lose about $400,000 over the biennium if the 
tax is repealed. (Art. 2, Sec. 42) 

Hutchinson taxes
     Stopping to eat or drink in Hutchinson, Minn., 
would cost a few cents more.
     The city would be allowed to impose a 1 percent 
sales tax on sales of food and liquor in its bars and 
restaurants. 
     City residents would not be required to vote on 
the tax increase in order for it to take effect, but 
could petition to repeal it.
     The locals would, however, get to vote on a 
proposed one-half of 1 percent local sales tax 
increase that the bill would authorize. The revenue 
from both taxes would help build a new regional 
softball facility, construct bike and walking trails, 
fund a new radio dispatch system for local police 
and fire, and other specific projects.
     Car dealers in Hutchinson could also charge an 
extra $20 for each car sold to help fund the local 
projects. 
     The provisions were originally sponsored as 
HF1495 by Rep. Bob Ness (IR-Dassel). (Art. 2, Secs. 
37-38)

-- John Tschida

AGRICULTURE

Jumping the fence

     Any new fences erected by Minnesota deer and 
elk ranchers to contain their domesticated herds 
will have to be a little higher, under a new law 
effective Aug. 1, 1995.
     The law raises the height to 8 feet for fences 
built after Aug. 1 -- up from the old standard of 75 
inches for deer and 90 inches for elk.
     It's not as if state agricultural and game officials 
miscalculated the jumping abilities of deer and elk 
when the 'farmed cervidae' law was first adopted in 
1993.
     Rather, the change was made because the 8-foot 
fence has become the industry standard to keep the 
domesticated animals contained -- and the wild 
ones out, explained Paul Hugenin, a marketing 
specialist with the state Department of Agriculture.
     It's important to segregate the wild and 
domesticated animals to ensure that diseases can't 
spread from one group to the other, said Hugenin, 
who worked with the farmed cervidae advisory 
committee in developing the law changes.
     But even if a deer or elk does make a break for 
it, they usually don't stray far.
     'If they get out, they're right back again when 
it's time to eat,' said Dr. Bill Hartmann, a 
veterinarian with the state Board of Animal Health. 
'They're domesticated to the point that they don't 
go out and search for feed elsewhere.'
     Hartmann estimated that there are between 200 
and 300 cervidae herds (with an average size of 
about 20) in Minnesota. 
     Deer and elk meat is increasingly being 
marketed as a low-cholesterol alternative to beef, 
and is sometimes available at fancier, 'white 
tablecloth' restaurants.
     Supporters of the industry say domesticated 
deer and elk taste better than their wild cousins 
because their feed is controlled and their age at 
slaughter can be regulated. (Younger animals 
generally taste better.)
     The new law also requires such animals to be 
identified with eartags, electronic implants or in 
other ways as long as they are approved by the 
Department of Natural Resources.
     Under the old law, brands, collars, and tattoos 
were acceptable. 
     The proposal was sponsored by Rep. Doug 
Peterson (DFL-Madison) and Sen. Charles Berg (DFL-
Chokio). 
     (HF1176/SF1043*/CH39)

Farms rule

     Any state agency that is proposing a rule change 
that would affect farming operations would have to 
notify the Department of Agriculture of the 
proposed rule, under a bill given final approval by 
the House April 19. The vote was 129-0.
     Under the bill (HF1478), the state agency would 
have to provide a copy of the proposed rule change 
to the department at least 60 days before the 
proposed rule is published in the State Register. 
     (The State Register is a legal publication that 
lists proposed rule changes and other information; 
it was created to increase public participation in the 
rule-making process.)
     When a public hearing is held on a proposed 
rule change related to farming, at least one of the 
hearings must be in an 'agricultural area of the 
state,' under the bill.
     Bill sponsor Rep. Ken Otremba (DFL-Long 
Prairie) said the measure ensures that farmers and 
those with agricultural interests are fully informed 
of proposed rules which may affect their 
operations.
     The Senate will hear the bill next.

CRIME

Omnibus judiciary funding bill

     Minnesota taxpayers would spend $875.5 
million to fund the state's prisons, courts, and crime 
prevention programs over the next two-year 
spending cycle, under a bill approved by the Ways 
and Means Committee April 25.
     The huge price tag indicates that crime and 
corrections is one of the fastest growing areas of the 
state budget.
     The bulk of the funding -- about $547 million -- 
would go to the Department of Corrections (DOC). 
That's a 28 percent increase over corrections 
spending for the current biennium.
     Nearly two-thirds of the corrections budget -- 
almost $360 million -- would pay for Minnesota's 
juvenile and adult correctional institutions.
     Spending for community services by the DOC 
would total more than $145 million -- a 50 percent 
increase over the $97 million spent during the 
current biennium.
     This dramatic increase in spending includes 
more than $23 million for counties to hire 
additional probation officers and to operate 
community-based treatment programs.
     Caseloads for state district court judges would be 
eased through the hiring of nine new judges. The 
bill would provide almost $2.4 million for four 
judges to assume office in 1995 and for five judges 
to start in 1997. 
     Another provision of the bill would realize a cost 
savings for the courts by reducing the initial 
amount of vacation time given to a new judge from 
six weeks to 13 days. This would apply to judges 
assuming office on or after July 1, 1995.
     HF1700, sponsored by Rep. Mary Murphy (DFL-
Hermantown), Judiciary Finance Committee chair, 
also increases criminal penalties for a number of 
offenses, funds a host of crime prevention programs 
and includes the following provisions.

State public defenders
     The bill would spend $81.9 million over the next 
biennium for state public defenders. That's a 46 
percent increase over current funding levels. 
     The increase is largely due to changes made by 
the 1994 Legislature. 
     In establishing a new class of serious juvenile 
offenders -- the extended jurisdiction juvenile (EJJ) 
-- lawmakers gave these kids in juvenile court the 
right to a public defender and a jury trial. 
     The resulting increased burden on the public 
defender system threatened to cause a huge log jam 
in the juvenile court system, according to testimony 
given earlier this session.
     The state would spend an additional $7.5 million 
for incarcerating and treating EJJ offenders.
     The EJJ classification is a hybrid between the 
traditional informal juvenile court and adult court. 
It is intended for serious juvenile offenders, but not 
for those whose crimes warrant a transfer to adult 
court.
     Under an EJJ proceeding, a teenager receives a 
juvenile court penalty and a stayed adult penalty -- 
often a prison sentence. But if he or she violates the 
condition of the sentence, the adult penalty is 
imposed.
     An extra $1 million appropriation to the State 
Board of Public Defense would hire additional 
public defenders and pay for trial transcripts 
needed in EJJ court cases. (Art. 1, Sec. 10)

Community notification
     The bill would notify neighbors when the most 
serious Minnesota sex offenders are released into 
their communities.
     The measure would allow law enforcement 
officials to disclose information about high-risk 
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.
     Law enforcement agencies and crime victims 
could be notified of a low-level offender's release. 
School officials and neighborhood groups could be 
notified of an intermediate-level offender's release. 
And individuals and those community members 
and establishments to whom, in the law 
enforcement agency's judgment, the offender 'may 
pose a direct or potential threat,' would be notified 
of a high-risk offender's release. 
     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.
     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 Human Services if the home has staff 
trained in the supervision of sex offenders.
     The community notification proposal 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. 
     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. 
     The provisions were included in HF181, 
sponsored by Rep. Dave Bishop (IR-Rochester). (Art. 
4, Secs. 4-6, 24-25)

Background checks
     The bill would require criminal background 
checks on potential apartment building managers. 
     The proposal stems from the 1994 abduction 
and murder of Kari Koskinen, a New Brighton 
woman believed to have been killed by her 
building manager. It would be called the 'Kari 
Koskinen Manager Background Check Act.'
     It would require apartment building owners to 
have the Minnesota Bureau of Criminal 
Apprehension (BCA) conduct a criminal history 
check on every building manager applicant (or 
other employee) who would have the authority to 
enter a tenant's apartment. 
     (The background check could also be done by a 
private business or a local law enforcement 
agency.)
     Owners who fail to conduct a background check 
would be guilty of a petty misdemeanor, punishable 
by up to a $200 fine.
     Provisions calling for a nationwide background 
check for those who have lived in Minnesota for 
less than five years were deleted from the bill.
     Owners could hire an applicant before the 
results of the checks are made available, and could 
also hire someone who is shown to be a convicted 
criminal.
     While the checks will aid in uncovering an 
applicant's past, they are not perfect. The BCA 
tracks only state offenses occurring within 
Minnesota -- not federal offenses. Any applicant 
who has committed crimes in other states also 
would not be detected by the BCA search.
     Also included in the bill is a tenant's right- to-
privacy section, which states that a landlord may 
only enter an apartment -- after giving reasonable 
notice -- for a 'reasonable business purpose.' This 
would include showing an apartment, or for 
maintenance reasons. Limited exceptions would be 
allowed for emergency or safety reasons.
     A landlord privacy violation could result in a 
tenant being released from a lease, a recovery of a 
damage deposit, and up to a $100 civil penalty for 
each violation.
     Tenants and landlords of mobile homes are 
exempt from the tenant's right to privacy.
     The provisions were included in HF72 sponsored 
by Rep. Mindy Greiling (DFL-Roseville). (Art. 4, Secs. 
16-19)

Frivolous lawsuits
     The bill would call for disciplinary action against 
inmates who file 'frivolous or malicious' lawsuits 
against the state.
     Such penalties could include loss of privileges, 
isolation, loss of good time, or 'discipline 
confinement' time.
     It costs the state about $350,000 each year to 
challenge lawsuits filed by those prisoners.
     Most prisoners lack the financial resources 
necessary to pay for court filing fees and associated 
costs. So the law allows them to bring their actions 
'in forma pauperis,' or as indigents, and they don't 
pay a dime.
     Under the bill, any inmate seeking to file a case 
without paying the fees would later be billed 
should they earn or otherwise come into any funds. 
And prisoners seeking to avoid filing fees by filing 
as indigents when they really do have the funds in 
their prison accounts would have their cases 
dismissed. (They could be filed again later.)
     Should an inmate prevail in a civil action and be 
awarded monetary damages, those funds could be 
seized to pay for their court costs, any taxes they 
may owe, support for their family, or fines ordered 
by the court.
      The provisions were included in HF1309 
sponsored by Rep. Tom Pugh (DFL-South St. Paul). 
(Art. 6, Secs. 4-5, 12)

Fighting sex crimes
     Patterned sex offenders could face up to 40 
years in prison, under the bill.
     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.
     This measure 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 put the 
offender back in jail.
     The proposal also would require the state's 
training program for judges and other court 
personnel to include information on sentencing laws 
involving sex crimes -- specifically repeat offenders 
and patterned sex offenders.
     Committee testimony indicated many judges are 
unfamiliar with current patterned sex offender 
statutes.
     The provisions were included in HF177. The 
proposal was drafted by the 1994 Sexual Predators 
Task Force. (Art. 2, Secs. 9-11)
     The bill also would increase to a gross 
misdemeanor from a misdemeanor the penalty for 
the crime of indecent exposure in the presence of a 
minor (under age 16).
     The provision was previously included in HF633. 
(Art. 2, Sec. 17)
     Additionally, it would extend the statute of 
limitations for criminal sexual conduct crimes from 
seven to nine years. The provision was formerly 
HF176. (Art. 2, Sec. 20)
     HF176, HF177, HF633 all were sponsored by 
Rep. Wes Skoglund (DFL-Mpls).

Sex offender registration
     The bill also would require those convicted of 
sex offenses in other states to register in Minnesota 
upon arrival. Such offenders would need to register 
for 10 years after they enter Minnesota.
     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 the bill, a second conviction for failure to 
report would be a felony offense.
     Offenders also could register with the local 
police or sheriff, under the bill. Current law 
mandates that sex offenders register with their 
assigned probation officer. The registration 
information would mandate that a current photo of 
the offender be included in the file.  The provisions 
were included in HF178, sponsored by Rep. Wes 
Skoglund (DFL-Mpls). The sections were drafted by 
the 1994 Sexual Predators Task Force. (Art. 4, Sec. 
3)

County curfews
     The 1994 Legislature gave each county board in 
Minnesota the authority to establish a countywide 
curfew for juveniles under age 17.
     The bill would cover those up to age 18, and 
would require each county curfew ordinance to set 
an earlier curfew time for children under age 12. 
(Art. 2, Sec. 1)

'Peeping Tom' law expansion?
     The bill would expand the current 'peeping Tom' 
law to include any place where an individual has a 
'reasonable expectation of privacy' and has 
removed or is likely to remove some or all of their 
clothing.
     (Hospitals and other medical facilities would be 
exempt, as would stores that place warning signs in 
their dressing rooms that individuals may be 
observed to prevent theft.)
     Current law applies to those peeping in windows 
or secretly photographing or videotaping outside 
someone's home. Such a crime is a misdemeanor.
     But offenses occurring away from the home 
have frustrated county attorneys, who have said 
they lack the legal tools to slap offenders with real 
consequences.
     The bill originally applied only to hotel rooms 
and tanning booths, based on a voyeuristic incident 
at a tanning salon in Windom, Minn.
     Prosecutors considered charging the man under 
a section of the state's stalking law, but the incident 
didn't quite fit there, either. In the end, the 
business owner agreed to pay a $500 fine to close 
the case. 
     The bill also would explicitly include peeping 
into a tanning bed or hotel room under the state's 
'pattern of harassing conduct' definition in the 
stalking law. Photographing or videotaping a person 
in such a setting also would be a misdemeanor.
     The original proposal, HF272, was sponsored by 
Rep. Teresa Lynch (IR-Andover). (Art. 2, Secs. 15-
16)

Safer schools
     A student who brings a gun to school would be 
expelled for at least one year, under the bill.
     If a student expelled for a gun violation applies 
for admission to another school, the school district 
that expelled the student could disclose that 
information to the other school.
     School boards also would be required to develop 
a policy directing their schools to refer to the 
criminal or juvenile system any student who brings 
a gun onto school property.
     Another section of the bill would establish a 
statewide policy that school lockers are the 
property of school districts and can be searched by 
school authorities 'for any reason at any time, 
without notice, without student consent, and 
without a search warrant.' Notice of the policy 
would have to be distributed in advance to parents 
and students, and would take effect at the 
beginning of the 1995-96 school year.
     The school locker proposal was introduced as 
HF107 and sponsored by Rep. Jim Farrell (DFL-St. 
Paul). (Article 3, Sec. 17-19) 

Background checks for schools
     All people hired to work at a Minnesota school 
-- public or private -- would face a criminal 
background check, under the bill.
     Anyone who has lived in Minnesota for less than 
10 years would face a national criminal background 
check. Criminal records from all states where an 
applicant has lived for the 10 years prior to moving 
to Minnesota also would be checked, as would 
welfare agency records to see if any child 
maltreatment claim has been substantiated against 
the applicant. (Art. 3, Secs, 3, 13)

Criminal parents
     The bill contains criminal sanctions for parents 
who fail to make a good faith effort to exercise 
'reasonable care, supervision, protection and 
control' over their children. The same misdemeanor 
penalty -- up to 90 days in jail and a $700 fine -- 
would apply if parents fail to make sure their kids 
are in school. (Currently, the maximum penalty is a 
$50 fine and not more than 30 days in jail.) (Art. 3, 
Secs. 15, 44)

Revoking drivers' licenses
     Juvenile courts are now required to order that 
the drivers' licenses of minors found in possession 
of guns or other dangerous weapons at school or on 
a school bus be canceled, or their driving privileges 
revoked, until they
turn 18. 
     The bill would allow courts to deny or revoke 
the drivers' license of habitual truants as well, until 
the truant turns 18 years old. (Art. 3, Sec. 20)

Combating truancy
     The proposal also would create a series of 
programs to better address the growing truancy 
problem.
     Community-based truancy service centers would 
be established to coordinate intervention efforts, 
and school attendance review boards would be 
responsible for matching students with appropriate 
community services. Each review board would be 
composed of school officials, parents, school 
counselors, law enforcement officials, individuals 
from community agencies, and a probation officer.
     County attorney truancy mediation programs 
also would  be established to resolve truancy 
matters outside of juvenile court. (Art. 3, Secs. 48-
51)

Productive day programs
     Last year, the Legislature established 
'productive day programs' in Hennepin, Ramsey, 
and St. Louis counties designed to motivate inmates 
in local jails to develop life and work skills. The goal 
is to provide training and education to create 
opportunities for inmates upon their release. 
     The Legislature earmarked $1 million to be split 
among the counties, but it was vetoed by the 
governor.
     This year, lawmakers would earmark $2.35 
million for the programs -- $783,000 each for 
Hennepin and Ramsey counties, and $784,000 for 
St. Louis County. (Art. 1, Sec. 11, Subd. 3)

EDUCATION

Omnibus K-12 bill passes

     School districts could require a moment of 
silence each day and would be barred from offering 
any curriculum that encourages sex among minors, 
under the House K-12 Education funding bill.
     The $5.9 billion omnibus K-12 education bill 
won final passage April 24 on a 95-38 House vote 
taken after more than seven hours of wide-ranging 
and sometimes divisive debate.
     The proposal would spend $241 million more on 
K-12 education than the amount in Gov. Arne 
Carlson's proposal. (See April 13, 1995, Session 
Weekly, page 3)
     The heart of the bill -- an increase in the per 
pupil funding to districts -- remains in place. 
     Gone are proposed changes to the Post-
Secondary Enrollment Option Program (PSEO) and a 
proposed tax on businesses at Minneapolis-St. Paul 
International Airport.
     Included is a potential 'moment of silence' to 
start the school day and a prohibition on any school 
programs promoting teen sex.

Moment of silence
     The amendment added by Rep. Eileen Tompkins 
(IR-Apple Valley) would allow local school boards 
to decide if each school day should start with a 
moment (not more than a minute) of silence.
     A moment of silence would 'encourage students 
to be reflective and reverent' and would allow them 
to 'think about what they're doing,' Tompkins said.
     She originally called for a mandatory moment of 
silence in each public school statewide. But her 
proposal was made optional on a 70-63 vote.
     House members voted 100-33 to attach the 
altered provision to the funding bill. A similar 
provision failed in the Senate later the same day on 
a 33-34 vote.

Teen sex discouraged
     The ban on programs encouraging students to be 
sexually active was adopted on a unanimous 133-0 
vote. 
     But amendment sponsor Rep. Mike Osskopp (IR-
Lake City) had sought to forbid schools from 
teaching the 'acceptance of homosexuality as a 
positive lifestyle alternative.'
     Rep. Wes Skoglund (DFL-Mpls) proposed the 
change to instruct schools to quash materials or 
activities that encourage any sexual activity among 
minors.
     'I don't think kids should be sexually active 
heterosexually, homosexually, or bisexually,' 
Skoglund said. 'I don't think kids should be sexually 
active. Period.'
     Skoglund's language replaced Osskopp's on a 67-
66 vote.

No additional airport tax
     The plan to raise new revenue for all-day 
kindergarten programs at poorer metropolitan area 
schools was stripped from the bill during debate on 
the House floor.
     The money would have been distributed by 
placing a priority on schools with the highest 
concentration of students receiving free or state-
subsidized lunches.
     The proposal aimed to raise funds -- an 
estimated $12 million annually -- through the 
additional taxing of businesses at Minneapolis-St. 
Paul International Airport.
     Currently, businesses at the airport -- ranging 
from airlines to gift shops -- pay property taxes to 
the county but not to a city or school district.
     Rep. Phil Krinkie (IR-Shoreview) opposed the 
new tax, and his amendment to delete that portion 
of the bill passed on a 74-59 vote.

Post-secondary option
     Another provision removed from the bill would 
have placed new restrictions on the Post-secondary 
Enrollment Options (PSEO) program, which allows 
high school juniors and seniors to take college 
classes.
     Since 1985, qualifying students have been able 
to attend public and private colleges full or part 
time, and the state picks up the tab for tuition and 
books. The program also allows colleges to offer 
courses in high schools.
     But it has drawn criticism from some 
lawmakers, who argue students enjoy a financial 
windfall while progressing toward a college degree 
at state expense. And some local school officials 
have complained of program abuses while 
lamenting the loss of some per pupil dollars to 
school districts.
     The bill would have required students to take 
International Baccalaureate or advanced placement 
courses available at their high schools before they 
could enter the PSEO program. And students would 
not have been allowed to earn both high school and 
college credit for 'non-academic' classes, such as 
physical education courses.
     An amendment offered by Rep. Mindy Greiling 
(DFL-Roseville) removed the provisions from the 
bill on a 102-31 vote.
     Instead, the bill now would require the 
Legislature to study the program and hold hearings 
before the 1996 session to identify necessary 
changes.
     Another adopted amendment would prohibit 
colleges from using the financial advantages of PSEO 
to advertise or recruit students for the program.

     In outspending the governor's proposed 
spending for education, the K-12 bill would spend 
the $220 million that Carlson had asked to be set 
aside in a 'rainy day' fund that could be used to 
offset anticipated cuts in federal aid.
     An amendment by Rep. Leroy Koppendrayer 
(IR-Princeton) would have set aside the $220 
million for the rainy day fund.
     It would have cut about $50 million from the 
bill and used money from other sources to come up 
with the $22 million reserve.          House Minority 
Leader Steve Sviggum (IR-Kenyon) said the 
amendment offered a way around disputes over the 
rainy day fund and the threat of a veto by Carlson.
     'We can end this session in a very cooperative 
manner,' Sviggum said.
     The amendment failed on a 63-68 party-line 
vote. 
     HF1000, sponsored by Rep. Alice Johnson (DFL-
Spring Lake Park), now will go to conference 
committee to reconcile differences with the Senate 
version of the bill.

ELECTIONS

Special time off to vote

     A new state law will allow voters to take time 
off work to vote in a special election held to fill a 
seat in the Minnesota Legislature.
     Under current law, any Minnesotan who is 
eligible to vote has the right to be absent from 
work to cast a ballot in the morning on election day. 
The employer cannot penalize or deduct wages 
because of the absence.
     But current law only applies to a state primary 
or general election, an election to fill a vacancy in 
the office of U.S. senator or representative, or a 
presidential primary election.
     The new law adding special elections for state 
legislative races became effective March 28, 1995.
     Since the 1994 general election, there have been 
five special elections for state legislative seats.
     The proposal was sponsored by Rep. Richard 
Jefferson (DFL-Mpls) and Sen. Richard Cohen (DFL-
St. Paul).
     (HF647/SF181*/CH20)

Town supervisor vacancies

     An appointed town supervisor must be at least 
21 years old and have lived in the town at least 30 
days, under a new law that became effective March 
28.
     Current law says when a vacancy occurs in a 
town office, the town board must appoint someone 
to the post until the next annual town election.
     The 1995 law change says when a town 
supervisor needs to be appointed, the person 
appointed to fill the vacancy must be an eligible 
voter, be at least 21 years old, and have lived in the 
town at least 30 days.
     Before the change, state law did not specify an 
age or residency requirement for a town 
supervisor. Most supervisors fill three-year terms 
and are elected at a town general election. 
Metropolitan supervisors hold four-year terms and 
are elected in the November election.
     The law also specifies that a vacancy be filled by 
an 'appointment committee' made up of the 
remaining town supervisors and the town clerk.
     The technical change was sought by the 
Minnesota Association of Townships which argued 
that the old law wasn't as clear as it should be. 
     The new law does not specify age or residency 
limits for elected town supervisors.
     (HF229/SF182*/CH21)

ENVIRONMENT

Environment spending

     The $566 million omnibus environmental 
finance bill was given final approval by the House 
April 27. The vote was 113-20.
     Gone from the proposal is a provision that would 
have allowed the shooting of mourning doves for 
the first time since 1946. 
     It was removed by the Ways and Means 
Committee, on a 15-4 vote, at an April 25 hearing.
     But the provision may still survive. It is 
contained in the Senate's omnibus game and fish 
bill (SF621). That bill is awaiting action on the 
Senate floor. 
      No other substantive changes were made to the 
environmental spending bill (HF1857/SF106*) 
sponsored by Rep. Chuck Brown (DFL-Appleton). 
The measure funds the Department of Natural 
Resources (DNR), the Minnesota Pollution Control 
Agency (MPCA), the Minnesota Zoo and 10 other 
state agencies. (See April 21, 1995, Session Weekly, 
page 6)
     The total spending for fiscal years 1996 and 
1997 represents a modest $10 million increase over 
spending for the previous biennium. 
     The proposal includes all the environmental and 
recreational program recommendations of the 
Legislative Commission on Minnesota Resources 
(LCMR). The $36 million appropriated for 86 items 
comes from a two-cent per pack cigarette tax and 
limited state lottery proceeds. (See March 24, 1995, 
Session Weekly, page 9)
     The largest single LCMR appropriation -- over 
$4.5 million -- would go to the Metropolitan 
Regional Park System to acquire land and 
rehabilitate existing facilities. The DNR would 
receive almost $3.8 million to acquire land for state 
parks and improve parks and recreation areas 
across the state. State and metropolitan parks 
would each receive an additional $720,000 
appropriation for projects which would have to be 
completed by Dec. 31, 1995. 
The LCMR provisions also would provide:
-- $100,000 to the Minnesota Historical Society to 
survey 'shipwrecks in Minnesota inland lakes and 
rivers,' and organize a conference in Duluth on 
'underwater cultural resources';
-- $575,000 to the Minnesota Pollution Control 
Agency to determine the sources of toxic mercury 
emissions in Minnesota's air and how much is 
ending up in the state's lakes;
-- $150,000 to the Neighborhood Energy 
Consortium in St. Paul to conduct workshops on 
landscaping with native Minnesota plants in the 
Twin Cities metropolitan area;
-- $2.3 million to the DNR for four Reinvest in 
Minnesota (RIM) projects to acquire land to 
improve streams and wildlife  habitat;
-- $900,000 to the DNR for the ninth and 10th years 
of a 24-year project studying the 'ecology of rare 
plants, animals, and natural communities' in 
Minnesota counties;
-- $680,000 for an expansion of the University of 
Minnesota Landscape Arboretum and development 
of a wetland restoration demonstration project; and
-- $250,000 to Twin Cities Public Television to 
create an environmental video resource center and 
to produce and broadcast a series about 
environmentalism in Minnesota.
     The bill now moves to a conference committee 
where members will reconcile differences with the 
Senate proposal.

GAMBLING

Gambling treatment funds

     Public funds for treatment of compulsive 
gamblers will be available to private, for-profit 
agencies, under a new state law.
     Bill sponsor Rep. Tony Kinkel (DFL-Park Rapids) 
has said the bill is necessary to give Minnesotans, 
especially in outstate areas, more opportunities for 
treatment.
     Effective April 25, for-profit agencies are now 
able to compete with non-profits for the grant 
funding.
     During the current two-year spending cycle, the 
state will spend about $1.2 million to treat problem 
gamblers. Non-profit treatment facilities are 
selected to receive some of that money through 
Department of Human Services grants. (See March 
10, 1995, Session Weekly, page 9)
     The House passed similar legislation in 1993, but 
it did not survive conference committee 
negotiations.
     Sen. Skip Finn (DFL-Cass Lake) sponsored the 
proposal in the Senate. 
     (HF83/SF91*/CH86)

GOVERNMENT

Omnibus economic development

     'Corporate welfare' reform provisions are 
included in a $407 million economic development 
spending bill that won final passage in the House 
April 26. The vote was 74-59.
     The omnibus community development bill 
(SF1670/HF1886) provides funding in the next 
two-year spending cycle for a diverse group of 
state agencies, ranging from the Office of the 
Secretary of State to the Board of Boxing. 
     Provisions in the bill would affect the 
Minnesota-Ontario fishing dispute, the 1996 
presidential primary, and the viability of some 
historical sites in the state.
     But it was the 'corporate welfare' provisions that 
drew heated debate on the House floor. The 
following are among the bill's major provisions:

Corporate welfare
     The bill would require some companies 
receiving financial assistance from the state to meet 
certain requirements for wages and job growth.
     Companies receiving more than $25,000 from 
the state in the form of grants, loans, or some tax 
breaks including tax increment financing would 
have to pay employees at least the federal poverty 
level for a family of four. That amounts to about 
$15,150 annually.
     The wage standards would apply only to 
employees hired after the state money is received.
     'That should not be in here,' said Rep. Don 
Frerichs (IR-Rochester), who called the corporate 
welfare provisions 'the most destructive part of the 
bill.'
     Companies also would have to demonstrate a net 
job growth or the retention of jobs that would have 
been lost without help from the state. Businesses 
that fail to meet the wage and job standards would 
face penalties.
     Companies receiving grants, loans, or tax 
increment financing for redevelopment purposes 
would be exempt from the requirements. Small 
businesses -- those with no more than 20 
employees and gross annual revenues of less than 
$1 million -- and non-profit organizations also 
would be exempt.
     The bill would require the legislative auditor to 
report every two years on the jobs created and 
wages paid by companies receiving any form of tax 
reduction or waiver.
     The requirements in the omnibus bill are drawn 
from a separate bill (HF869) originally sponsored 
by Rep. Karen Clark (DFL-Mpls). (See March 10, 
1995, Session Weekly, page 4)
     Clark has argued her proposal would ensure that 
Minnesota see some return on its business 
investments.
     Rep. Ron Abrams (IR-Minnetonka) called the 
provisions 'veto bait,' and Rep. Todd Van Dellen (IR-
Plymouth) said the requirements would undermine 
economic growth in the state.
     'We won't just have jobs not paying a livable 
wage. We won't have job expansion at all,' Van 
Dellen said. (Sec. 51)
     
Presidential primary
     Local municipalities would have to bear the cost 
of the 1996 presidential primary, under the bill.
     The Secretary of State would receive $12.2 
million for the biennium, more than $4 million 
below the agency's request.
     Much of that cut -- $3.1 million -- would have 
reimbursed  municipalities for the expense of the 
presidential primary.
     The bill also does not include $1.3 million the 
agency requested for optical imaging equipment to 
store records electronically. The bill, however, does 
include money for equipment for a statewide 
computer network. (Sec. 25)

Ontario border war
     A total of $100,000 would be appropriated to 
the Department of Trade and Economic 
Development to explore some form of legal 
challenge to Ontario fishing restrictions on 
Minnesotans.
     Although a successful challenge of the Ontario 
restrictions in  U.S. courts is considered unlikely, 
there may be a better chance to petition the U.S. 
trade representative to enter the dispute or to 
mount a challenge in the Canadian courts.
     Minnesota and Ontario have battled for several 
years over an Ontario restriction that limits the 
number of walleyes anglers who stay on the 
Minnesota side of Lake of the Woods and Rainy 
Lake can keep. Both lakes lie on the U.S.-Canadian 
border.
     In response, Minnesota has enacted laws in both 
1993 and 1994 that are designed to discourage 
tourists from entering Ontario to fish.
     This year another bill (HF1651), sponsored by 
Rep. Irv Anderson (DFL-Int'l Falls), is pending that 
would require all anglers who return through 
Minnesota from anywhere in Canada to transport 
their fish unfilleted.
     That measure also contains a $100,000 
appropriation to mount a legal challenge of the 
Ontario restrictions, but cites the Office of the 
Attorney General as the lead agency. (See March 31, 
1995, Session Weekly, page 9)
     An amendment that would have repealed the 
requirement that fish transported into Minnesota 
be unfilleted was defeated on a 66-66 vote that 
was divided along party lines. (Sec. 2, subd. 4)

Minority affairs councils
     Four state councils that are designed to ensure 
minority groups in Minnesota get equal access to 
the state's services would be funded for an 
additional year, but funding for the second year is 
not set in stone.
     The measure requires the Indian Affairs Council, 
the Council on Affairs of Spanish-speaking People, 
the Council on Black Minnesotans, and the Council 
on Asian-Pacific Americans to conduct a study of 
their operations.
     In his proposed budget, Gov. Arne Carlson said 
he intends to submit legislation that would remove 
these councils from 'state agency status.'
     The bill states that the study must, among other 
issues, consider:
-- removal of council members by the governor;
-- methods of reducing overall costs of the councils 
through sharing of staff and administrative 
expenses;
-- methods of improving coordination with other 
state agencies; and
-- methods of educating council members in 
management issues for state agencies, including 
statewide budget and accounting practices, 
management practices, and legal liability.
     Each council must submit its report to the 
Legislature by Feb. 1, 1996. The bill states that 
funding for each council in the second year of the 
biennium is contingent upon the report being 
completed. 
     Another provision in the bill would allow the 
Council on Affairs of Spanish-Speaking People to 
sell advertising in its publications to help 
underwrite publication costs. (Secs. 20-23, 31)
     
Koch refinery
     The Koch Refining Co. in Rosemount just south of 
the Twin Cities could have an easier time 
constructing a nearby co-generation power plant, 
under a section of the measure.
     The refinery is considering constructing a co-
generation plant that would burn 'petroleum coke,' 
which is a byproduct of the refining process.
     The proposed plant would burn the petroleum 
coke to generate up to 250 megawatts of electricity 
-- which would more than meet the plant's 
electrical needs -- and steam, which would be used 
for heating.
     The measure would streamline power plant 
siting laws that are administered by the Minnesota 
Environmental Quality Board. 
     The major provision would allow the 
Environmental Quality Board to waive an 
Environmental Impact Statement for the project 
provided the board 'determines that the proposed 
site will not have a significant human and 
environmental impact.'
     All that would be needed is a less detailed 
environmental assessment worksheet.
     Supporters of the Koch proposal argue that co-
generation plants are much more efficient than 
traditional power plants and that the project would 
make use of a byproduct that is essentially wasted 
now.
     Petroleum coke is now being sent to Turkey and 
Japan so it can be processed there, explained Buzz 
Anderson, a lobbyist for Koch.
     The measure does not contain earlier proposals 
advanced by Koch that would have exempted the 
project from the Public Utilities Commission's 
certificate of need process and from paying 
personal property taxes, which are not to be 
confused with local property taxes. (Personal 
property taxes are only paid by pipeline companies 
and electric utilities.) 
     Those provisions were among the most 
controversial of the proposals put forward by Koch, 
which processes crude oil into a variety of more 
refined petroleum products, including gasoline and 
heating oil. 
     The refinery, which processes crude oil from 
Canada and the Gulf of Mexico region that is sent 
here via pipelines, produces about half of the gas 
used in Minnesota, said Anderson. (Sec. 37)

Juvenile sex offenders
     Smaller, residential treatment programs that are 
designed to treat juvenile sex offenders will no 
longer be permitted in residential neighborhoods, 
under the bill.
     Such facilities will no longer be considered a 
'permitted single-family residential use' under the 
state's zoning law definitions. 
     The law would now specifically exclude a 
'residential program whose primary purpose is to 
treat juveniles who have violated criminal statutes 
relating to sex offenses or have been adjudicated 
delinquent on the basis of conduct in violation of 
criminal statutes relating to sex offenses. . . .' (Secs. 
53 & 57)

Historical Society
     The omnibus bill would keep open historical 
sites such as the James J. Hill House in St. Paul 
which may have closed under Gov. Arne Carlson's 
budget recommendations.
     The Minnesota Historical Society would receive a 
total of $38 million for the biennium -- about 
$800,000 more than called for by the governor.
     The money in the bill would pay for the 
operation of the Hill House and other historical 
sites, some of which may have closed under the 
governor's budget such as the Northwest Co. Fur 
Post in Pine County, the Mille Lacs Indian Museum, 
and the Children's Museum in St. Paul. 

Housing
     A family housing assistance program would be 
expanded so more families could qualify for help, 
under the bill.
     The program currently provides loans or direct 
rental subsidies to families with incomes of up to 
60 percent of the area's median income, which 
range from a high of $30,600 in the metropolitan 
area to a low of $14,000 in Mahnomen County. (Sec. 
70)
     The bill would change the maximum qualifying 
level to 80 percent of the state's medium income, 
which is $34,800.
     The provision was part of HF509 -- the omnibus 
housing bill --  sponsored by Rep. Karen Clark (DFL-
Mpls). (See April 13, 1995, Session Weekly, page 
11). Some of the proposals from that bill were 
folded into the economic development omnibus bill.
     The bill includes a provision that would expand 
the requirement that a city that displaces 10 or 
more low-income housing units replace them. 
Currently, the stipulation includes only Minneapolis 
and St. Paul. The bill would include all cities in the 
seven-county metropolitan area. (Sec. 79)
     And the bill would set aside money to help 
people convert contracts for deed on their homes to 
traditional mortgages. That would eliminate the 
need for home owners to come up with large 
balloon payments. (Sec. 72)

Omnibus state government bill

     A more than $500 million omnibus state 
government bill that spends money on public 
television and on a center to promote 'the 
development of the human person' was given final 
approval by the House April 27. 
     The bill (HF1001/SF1678*) also works to collect 
more outstanding debt owed to the state, eliminates 
three gambling boards, and cuts state agency 
money spent on private consultants. The vote was 
79-50.
     Sponsored by Rep. Tom Rukavina (DFL-Virginia), 
who chairs the House Governmental Operations 
Committee's State Government Finance Division, the 
bill's general fund spending amounts to $18 million 
less than Gov. Arne Carlson recommended.
     Below are some of the bill's highlights for the 
1996-1997 biennium. (See April 21, 1995, Session 
Weekly, page 11)

Human Development Center
     The omnibus bill would spend $570,000 to begin 
planning for a human development center in or 
near the Capitol area. The center would focus on the 
development of the human person. The center 
would serve as a research and demonstration 
center and would be a public-private partnership. 
     
Public broadcasting
     The bill sets aside about $5 million for public 
television and public radio. Rep. Mike Osskopp (IR-
Lake City) introduced an unsuccessful amendment 
to eliminate that funding, stating it was taxpayer 
money that could better be spent on education or 
health and human service programs.
     A successful amendment by Rep. Ron Abrams 
(IR-Minnetonka) would require public broadcasting 
stations to pay their employees at least a poverty-
level wage of more than $7 an hour.

'Mighty Ducks'
     The bill spends $3.2 million to build more indoor 
ice arenas in Minnesota. 
     The proposal was originally part of HF1260, 
sponsored by Rep. Bob Milbert (DFL-South St. Paul). 
The Minnesota Amateur Sports Commission would 
use money to distribute grants of up to $250,000 
each to local communities.
     Milbert, also a member of the amateur sports 
commission, said a study of ice needs in Minnesota 
discovered more than 90 communities that say they 
need a new indoor ice arena or repairs for an 
existing arena. The number of girls and boys 
participating in winter sports such as hockey and 
competitive figure skating has increased the 
demand for ice time.
     (A 1994 law mandates that all public indoor ice 
arenas must give female hockey teams 'up to 30 
percent' of the prime ice time during the 1995 
winter season and 'up to 50 percent' by the 1996 
season.)
     The 'Mighty Ducks' label is in reference to a 
movie about a group of misfit youthful hockey 
players.

Gambling
     The bill would abolish the nine-member 
Minnesota Racing Commission, seven-member 
Gambling Control Board, and seven-member State 
Lottery Board. 
     This provision was originally part of HF138  
sponsored by Rep. Phyllis Kahn (DFL-Mpls). 
Elimination of the three boards is expected to save 
about $136,000.
     The advisory duties of the gambling boards 
would be transferred to the directors they used to 
serve.
     The gambling departments function 
independently of one another. The racing 
commission oversees pari-mutuel horse racing. The 
Gambling Control Board regulates lawful gaming 
activities, such as bingo and pull-tabs. The State 
Lottery Board advises the lottery director on games 
and rules.
     The omnibus bill also creates new language that 
requires 70 percent of all unclaimed prize money 
from the lottery at the end of each fiscal year to be 
deposited in the state treasury. Currently, 
unclaimed prize money is added to the prize pool 
for future lottery games.
     An unsuccessful amendment by Rep. Kevin 
Knight (IR-Bloomington) would have taken some of 
that unclaimed prize money each year and given it 
to the Metro Mobility program which helps 
transport people with disabilities.

Legislative Coordinating Commission
     Several legislative commissions would be 
abolished. Those to be eliminated include the 
Legislative Commission to Review Administrative 
Rules, the Legislative Commission on Employee 
Relations, the Legislative Commission on Planning 
and Fiscal Policy, and the Legislative Commission on 
Children, Youth, and Their Families.
     The Great Lakes Commission also would be 
eliminated. Earlier, the bill had called for the 
elimination of the Mississippi River Parkway 
Commission but the commission was reinstated in 
the Ways and Means Committee.
     That committee also merged the Legislative 
Water Commission (originally slated for 
elimination) with the Legislative Commission on 
Waste Management.
     The Legislative Coordinating Commission (LCC) 
also would receive an additional $30,000 over the 
biennium to ensure that a sign language interpreter 
is available for hearing impaired citizens who seek 
access to lawmakers, legislative floor sessions, and 
committee hearings.
     An unsuccessful amendment introduced by 
Minority Leader Steve Sviggum (IR-Kenyon) also 
would have eliminated the Legislative Committee 
on Waste Management, Legislative Commission on 
Health Care Access, the Legislative Commission on 
Long Term Health Care, and the Legislative 
Commission on the Economic Status of Women.

Abolishing the DPSv 

     The Department of Public Service (DPSv) would 
be abolished, under a proposal approved by the 
House Regulated Industries and Energy Committee 
April 27.
     The DPSv is currently responsible for protecting 
the public interest in the areas of energy, 
telecommunications, and weights and measures. 
The measure would eliminate the DPSv on July 1, 
1996.
     The bill (HF1867) would transfer the 
department's role as consumer watchdog in public 
utility rate cases before the Public Utilities 
Commission (PUC) to the Office of the Attorney 
General.
     (The PUC is a quasi-judicial body that regulates 
the rates and services of Minnesota telephone, 
natural gas, and electric utilities.)
     The bill also lays the groundwork for the 
creation of an unnamed 'public utilities agency.' The 
new agency would serve as an umbrella 
organization housing the PUC and the remaining 
duties of the DPSv.
     Under the bill, the commissioners of the DPSv 
and the PUC would develop a plan to create the new 
state agency. The report would need to be 
submitted to the Legislature by October 15, 1995.
     'It's important to me that we take some action 
and not just study all the time,' said bill sponsor 
Rep. Howard Orenstein (DFL-St. Paul).
     As far as cost savings, merging the DPSv and the 
PUC under a new agency would result in the 
elimination of some management-level positions, 
Orenstein said.
     The proposal was strongly opposed by DPSv 
Commissioner Kris Sanda, who said the department 
is nationally recognized as a leader in nuclear waste 
issues, telecommunications policy, and weights and 
measures oversight.
     She told lawmakers that it is not good public 
policy to 'attack' an agency intervening on behalf of 
consumers in electric utility rate cases where 
millions of dollars are at stake.
     'Did voters send you here to reduce consumer 
protection? I would say no,' Sanda said, adding that 
the 'only purpose' of the bill is to eliminate seven 
agency officials appointed by Gov. Arne Carlson.
     The bill encompasses a portion of the legislative 
session's major government reorganization bill 
(HF1542), which would eliminate a handful of state 
boards and agencies -- including the DPSv.
     Orenstein indicated that he will incorporate the 
provisions of HF1867 into HF1542, which is now 
before the Governmental Operations Committee.
     HF1867 now moves to the Rules and Legislative 
Administration Committee.

Seized goods for sale

     Unclaimed items recovered by police 
departments across the state will soon be sold in 
non-profit stores, under a new state law.
     The law will allow merchandise not claimed 
within 60 days to be sold at auction, as is the 
current practice, or by sale through a non-profit 
agency.
     In 1992, Minneapolis police began working with 
a community organization on a plan to teach young 
people bicycle repair, business management, and 
other skills by setting up a non-profit store, The 
Phantom Bike Shop, for the sale of 'recycled' 
bicycles. The store receives damaged bikes the 
police cannot auction off, fixes them up, and sells 
them.
     The law will allow the police departments to 
dispose of unclaimed items -- such as electronic 
equipment, tools, and lawn mowers that it recovers 
each year -- through similar stores that sell second-
hand goods. Police will not provide items such as 
clothing, fine jewelry, and firearms to the stores.
     Police departments will benefit by gaining a 
percentage of the sale price on the items sold at the 
store and clearing out storage space.
     The proposal, which becomes effective Aug. 1, 
1995, was sponsored by Rep. Karen Clark (DFL-
Mpls) and Sen. Carol Flynn (DFL-Mpls).
     (HF859*/SF833/CH79)

HEALTH

Insurance and prescriptions

     Health insurance plans that cover prescription 
costs will have to help pay those costs whether a 
doctor, nurse practitioner, or physician's assistant 
wrote the prescription, under a new state law.
     Currently, many health plans pay only for 
prescriptions written by a doctor. But under current 
law, nurse practitioners and physicians' assistants 
also are able to write patient prescriptions.
     The law won't cost insurance companies 
anything or affect insurance rates. It only ensures 
that prescriptions legally written by nurse 
practitioners and physician's assistants are covered 
by an insurance plan.
     The House and Senate passed the same provision 
last year as part of the Health and Human Services 
supplemental appropriations bill, which was vetoed 
by the governor.
     The proposal, effective Aug. 1, 1995, was 
sponsored by Rep. Roger Cooper (DFL-Bird Island) 
and Sen. Dallas Sams (DFL-Staples).
     (HF612*/SF543/CH69)

Insurance and dental work

     Health plans that insure Minnesota residents 
will have to cover general anesthesia and treatment 
for dental work if the work is for a medical 
condition covered by the plan, under a new state 
law.
     Sponsored by Rep. Becky Lourey (DFL-Kerrick), 
the law 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 law becomes effective for health plans 
issued or renewed on or after Aug. 1, 1995.
     Sen. Ellen Anderson (DFL-St. Paul) sponsored the 
proposal in the Senate.
     (HF843*/SF613/CH91)

Diabetes coverage

     Health plans supplementing Medicare insurance 
will have to provide coverage for doctor-prescribed 
equipment and supplies needed for the 
'management and treatment of diabetes,' under a 
new state law.
     Coverage will be subject to the same deductible 
or other co-payment provisions applicable to an 
insurance plan's specific hospital, medical 
equipment, or prescription benefits.
     Health plans were required to provide coverage 
for all items prescribed for patients with diabetes 
under a 1994 law, but it did not apply to health 
plans supplementing Medicare.
     The proposal, effective Jan. 1, 1996, was 
sponsored by Rep. Tom Pugh (DFL-South St. Paul) 
and Sen. Deanna Wiener (DFL-Eagan).
     (HF350/SF34*/CH52) 

Complete malpractice reports

     A new state law will ensure that the Board of 
Medical Practice receives the names of all doctors 
who are the subject of malpractice awards or 
settlements.
     Under current law, insurance companies are 
required to provide the board reports of all 
settlements or awards involving doctors.
     But hospitals, clinics, and other entities paying 
off settlements against physicians have been able to 
dodge the requirement to provide details to the 
board. Since they are not insurance companies, they 
technically have not been required to report.
     The new law closes that loophole by specifically 
requiring that hospitals and other entities that 
provide malpractice coverage for doctors or other 
health professionals report all settlements and 
awards to the Board of Medical Practice.
     Reports must include the health professional's 
name, the allegations in the claim or complaint, and 
the date and dollar amount of the settlement or 
award.
     The measure, which becomes effective Aug. 1, 
1995, was sponsored by Rep. Steve Kelley (DFL-
Hopkins) and Sen. Pat Piper (DFL-Austin).
     (HF226*/SF73/CH44)

HIGHER EDUCATION

Repealing education merger III

     The House voted April 25 to call off the planned 
July 1995 merger of the state university, and 
community and technical college systems. The move 
came as an amendment to the $2.1 billion higher 
education spending bill given final approval by the 
House on a 124-8 vote. 
     Legislation to place the three higher education 
systems under the administrative control of one 
board passed the Legislature in the waning 
moments of the 1991 session. A last minute 
amendment by the Senate set the merger plans in 
motion. 
     Had the House rejected the Senate proposal, it 
would have meant a special session to resolve the 
issue. The House voted overwhelmingly to call off 
the merger during the 1992 and 1993 sessions. The 
provisions, however, never survived conference 
committee negotiations.
     On the floor this year, Rep. Barbara Sykora (IR-
Excelsior) successfully offered what she called the 
'standard repealer of merger language.'
     'Ever since I got here I've heard about the huge 
cost increases of the merger with no increase in 
services,' said Sykora, a first-term legislator. 
     Bringing the three individual systems under one 
administrative office will increase higher education 
costs, Sykora said, in part because technical college 
employees will move from being school district to 
state employees. Their employment contracts are 
being renegotiated and they may receive salary and 
benefit increases, Sykora said. Technical colleges 
are currently part of local school districts.
     Rep. Joe Opatz (DFL-St. Cloud) said making those 
employees state employees could cost as much as 
$26 million. No appropriations  have been made to 
pay for that cost, he argued.
     But Rep. Howard Orenstein (DFL-St. Paul), who 
sponsored the original merger legislation four years 
ago, said it should be given a chance to work, and 
that in the long run it will save money. Other 
legislators said merger proceedings are too far 
along to turn back.
     'But if you had a wedding coming up in a month 
and you knew it was a big mistake you would not 
allow it to happen,' Sykora said.
     Sykora's amendment passed on a 78-54 vote.
     To fund higher education, the bill calls for the 
University of Minnesota to receive $970.6  million 
in state appropriations over the next biennium. The 
merged system would receive $935.6 million, under 
the bill. Also, the newly created Higher Education 
Services Office (HESO), responsible for distributing 
financial aid to students, would receive about $240 
million and the Mayo Medical School about $1.8 
million in state aid over the next biennium.
     The bill anticipates higher education tuition 
increases of 5 percent each year for the next 
biennium.
     In addition, the bill would eliminate the Higher 
Education Coordinating Board and would shift all 
the state's public colleges and universities toward a 
semester system and abandon the current quarter 
system. The University of Minnesota maintains 
constitutional autonomy, so the Legislature cannot 
call for a semester system at the U of M campuses. 
     In what Rep. Tony Kinkel (DFL-Park Rapids) 
called the biggest potential change for higher 
education, the bill calls for the state to stop 
subsidizing tuition costs after a student has earned 
48 more credits than is needed for a degree in his 
or her major.
     Currently, the state pays 60 percent of a 
Minnesota student's education costs for up to 180 
credit hours. Student tuition pays the remaining 40 
percent.
     After the excess 48-credit limit is reached, 
students would be responsible for the true cost of a 
course. 
     'That's a good incentive to finish in time,' Kinkel 
said. He said the provision encourages students to 
complete their education within five years.
     The Senate higher education funding bill, passed 
April 24, calls for $2.2 billion in higher education 
spending over the upcoming biennium.
     That bill would overhaul the way the state funds 
higher education -- based on degrees granted and 
on certificates and diplomas issued rather than on 
the number of students attending a particular 
school.
     The House bill (HF1856), sponsored by Kinkel 
contains no similar provision, meaning the bills will 
head to a House-Senate conference committee so 
differences between the two can be worked out. 
(See April 21, 1995, Session Weekly, page 3)

HUMAN SERVICES

Health, human services funding

     A $5 billion bill that sets limits on in-home 
personal care services for the disabled but retains 
money to help parents with disabled children 
afford long-term medical care was approved by the 
House Ways and Means Committee April 26.
     The House's Omnibus Health and Human 
Services bill (HF1588/SF1110*) for 1996-1997 
would spend about $60 million less than Gov. Arne 
Carlson recommended.
     The bill, on its way to the House floor, 
appropriates money for programs in the 
Department of Human Services, the Department of 
Health, and several other smaller agencies.
     It sets aside more than $3 billion for the state's 
medical plans such as Medical Assistance, $269.5 
million for Aid to Families with Dependent Children 
grants, $94.5 million for General Assistance grants, 
and $112 million in other public assistance and 
work and training grants.
     The bill, sponsored by Rep. Lee Greenfield (DFL-
Mpls), became wrapped in heated debate earlier 
this session when Carlson proposed cutting back 
two programs that help disabled people remain at 
home instead of in an institution.
     Specifically, the governor proposed to cut a 
program that provides in-home personal care 
attendants for the disabled and another that allows 
the families of children with disabilities to buy into 
a state medical care plan. The program is known as 
TEFRA.
     But after hours of public hearings and hundreds 
of people who testified -- many who came in 
wheelchairs, with guide dogs, or with a ventilator -- 
lawmakers backed down from most of the cuts.
     The omnibus bill, however, does tighten some 
eligibility requirements and limits some services 
for personal care attendants and the TEFRA 
program.
     It reduces by 12.5 percent the maximum 
number of personal care service hours a recipient 
may receive. It also eliminates personal care 
services for ventilator-dependent people in 
hospitals and prohibits legal guardians from being 
personal care service providers.
     The bill further expands the list of personal care 
services not eligible for Medical Assistance 
reimbursement. Only care prescribed by a doctor 
could be reimbursed. Currently only a registered 
nurse, in conjunction with the personal care 
assistant, needs to authorize care. 
     Personal care that involves social activities, 
recreational activities, and educational services also 
would be prohibited from reimbursement.
     The bill also tightens eligibility requirements for 
people seeking personal care services. To qualify 
for those services under the bill, individuals must 
be able to 'identify their needs, direct and evaluate 
task accomplishment, and assure their health and 
safety.'
     Children receiving care under the state's Medical 
Assistance program (including those in the TEFRA 
program) would have to contribute more for the 
care. Under the bill, parents with an adjusted gross 
income of $30,000 or more would have to pay a 
minimum $25 fee plus an additional amount 
depending on their income. The bill changes the 
formula so more of a family's income is chargeable 
to the fee.
     Currently, only the income above 200 percent of 
the federal poverty level is used to calculate the 
fee. The bill would lower that to 150 percent. For a 
family of four that would mean that instead of 
income more than about $29,600 being used to 
calculate the fee, income more than about $22,200 
would apply.
     Some of the bill's highlights include the 
following provisions.

Electronic welfare 
     The bill authorizes the Department of Public 
Safety to issue cards to welfare recipients across 
the state so they can access their food stamp and 
other public assistance benefits electronically. 
Ramsey County piloted the program.
     Under the system, people receiving public 
assistance use a 'cash card' to withdraw their 
benefits -- both monetary and food stamp -- from 
either machines stationed at grocery store checkout 
lanes or a typical 'cash machine.'
     Although costly to set up, the electronic system 
reduces the potential for theft and fraud and 
eliminates mailing costs. 

Foster care by relatives 
     An individual who wishes to provide foster care 
to a child who they are related to must have a 
foster care license, under the bill. This provision 
would take effect the day following final enactment.
     'Relative' is defined to include members of the 
child's extended family as well as important friends 
with whom the child has had significant contact.
     The bill does make room for an emergency 
license that allows a county to place a child in foster 
care with an unlicensed relative so long as the 
county inspects the home within three days, 
requires the relative to apply for a regular foster 
care license, and obtains background information on 
the relative.
     If an emergency license is granted, it stays in 
effect until a regular license is obtained, but for no 
longer than 90 days. If the request for an 
emergency license is denied, the child is taken out 
of the home. The relative does have the option to 
appeal the decision to the commissioner of human 
services.

Cultural child care centers 
     The bill requires licensed child care providers -- 
as part of their on-going training -- to be trained in 
'cultural dynamics.' The training would include 
understanding the importance of the cultural 
differences and similarities in working with 
children. It also would include learning skills to 
help children develop unbiased attitudes about 
cultural differences.

Welfare fraud
     The measure would expand a two-year pilot 
program to investigate, uncover, and prevent 
welfare fraud in a handful of counties to all 
counties in Minnesota. 

Northfield home
     The Department of Human Services would be 
required to inspect and certify the expansion of a 
Northfield, Minn., hospital to a 44-bed crisis facility 
for persons with Prader-Willi Syndrome, a genetic 
obesity disease. The hospital would be eligible for 
Medical Assistance funding, under the bill. 
Currently there are two other facilities in the state 
to care for people with this disease but there is a 
long waiting list. 

Home visits
     The bill sets aside $82,000 to expand the current 
public health nurse and family aide home visiting 
program. The money would be used to fund 
additional projects to help prevent child abuse and 
neglect and reduce juvenile delinquency. The 
projects, through a public health nurse or other 
trained individual, would contact adolescent 
parents and families with a history of violence or 
drug abuse at the birth of a child.
     The nurse or other home-visitor would offer to 
visit, answer parenting questions, provide 
information on breast-feeding and other infant 
health issues, and make referrals to any other 
appropriate state or county services. Staff would 
also screen the family to determine if families need 
additional support or are at risk for child abuse and 
neglect.

Children's Mental Health Act
     A county board could continue to provide 
services under the Children's Mental Health Act to 
an individual even if he or she is no longer a minor. 
The act requires counties to make available a range 
of mental health services, both inpatient and 
outpatient, for all county residents. If state aid or 
private insurance is unavailable to pick up the tab, 
the county charges fees based on income.
     This provision is designed not to abruptly switch 
a child's mental health care simply because he or 
she reaches age 18. It would allow a county board 
to continue mental health services to individuals 
older than 18 but younger than 21 if the individual 
is enrolled in special education lessons through the 
local school district or it is in the best interest of the 
person to continue their current treatment.

Homeless youth
     The bill requires the Department of Human 
Services to solicit proposals to create safe houses 
and transitional housing for homeless youth. The 
department must request the proposals from 
groups knowledgeable about the homeless youth 
problem. The bill sets aside $1.3 million.
     Safe houses provide emergency housing for 
homeless youth ages 13 to 21. Transitional housing 
provides housing for homeless youth ages 16 to 21 
who are preparing to live independently on their 
own. The bill spells out that the housing should 
resemble a family atmosphere in a neighborhood or 
community and, if possible, provide separate homes 
for males and females.
     The homes would also provide counseling 
services, employment services, health care, and 
education services.

Child care slots
     The measure would help some families on public 
assistance -- specifically Aid to Familes with 
Dependent Children -- more easily find child care 
slots. 
     Currently, AFDC recipients who are enrolled in 
STRIDE (the federally mandated employee and 
training program for AFDC participants) are entitled 
to full payment of child care costs. But there is a 
waiting list for STRIDE.
     The bill would allow those on the waiting list to 
obtain a slot in a separate child care program for 
AFDC participants who are in a self-initiated 
employment and training program independent of 
STRIDE. The bill reallocates the child care slots from 
counties that have vacancies to counties that have a 
waiting list.

Home care for some 
     Pending federal approval, an individual who is 
mentally retarded or otherwise developmentally 
disabled, may receive state Medical Assistance 
benefits for care in their own home, even if that 
home is not licensed, under the bill.
     The home, however, would have to be inspected 
and care provided by qualified professionals. The 
provision is designed to provide care at home 
instead of at an institution.

Assets for AFDC
     To qualify for Aid to Families with Dependent 
Children, families are not allowed to have much in 
the way of property and assets. Under the bill, 
families with too much property can receive 
welfare for nine months as long as they are making 
a good faith effort to sell the property and to repay 
the AFDC benefits received during the nine-month 
period.

Nursing home restrictions
     Effective July 1, 1996 -- pending federal 
approval -- people considered 'high functioning' 
could no longer be admitted to nursing homes 
where their care is paid for by state medical 
assistance programs, under the bill.
     High functioning is defined in part as a person 
who is 'independent in orientation and self-
preservation.' Instead of nursing home care, they 
would be eligible for personal care services, home 
health aide services, or an allowance to arrange for 
their own care.
     This provision would exempt nursing home 
residents admitted before July 1, 1996, and 
provides an appeals process for those denied 
admission into a nursing home.

Estates subject to MA claims
     The bill would allow a claim against the estate of 
a person who is over 55 and who receives state 
Medical Assistance. Currently, the age is 65.

Osteoporosis prevention
     A statewide osteoporosis prevention and 
treatment program would be created with 
$300,000, under the omnibus bill.
     If women learn how to prevent the disease 
early, fewer will need to use hospitals and nursing 
homes for fractures and other osteoporosis 
problems. Many women entering nursing homes 
now do so because of osteoporosis, said Rep. Sharon 
Marko (DFL-Newport), sponsor of this provision.
     The provision would require the Department of 
Health to assess how many Minnesotans have the 
disease which strikes mostly women but also has 
been found in men. The condition is characterized 
by a decrease in bone mass leading to fragile bones 
that can fracture easily.
     The measure also calls on the state Department 
of Health to design a statewide educational program 
about the disease.
     The program would implement strategies for 
raising public awareness on the causes and personal 
risk factors for the disease, as well as how to 
prevent, detect, and treat osteoporosis.
     The Department of Health would be required to 
report to the Legislature by Jan. 31, 1997, on the 
program's accomplishments.

U.S. Army spraying examined
     The bill requires the Department of Health to 
review the National Academy of Science's report on 
the past and future adverse effects, if any, on 
public health and the environment from the U.S. 
Army's spraying of zinc cadmium sulfide and other 
chemicals in Minnesota in the 1950s and 1960s.      
     Some residents in Minneapolis and around the 
state maintain they have health problems due to 
the spraying.
     It further requires the Office of the Attorney 
General to determine whether any state or federal 
laws or constitutional provisions were broken and 
what legal action is available to recover damages 
and prevent any future spraying. 

LABOR

Essential court employees
 
     An assistant county attorney in Minnesota 
would be classified as an 'essential employee' and 
could not strike, under an amendment to the 
judiciary finance bill.
     The measure was approved by the House Ways 
and Means Committee April 26.
     The proposal originally introduced by Rep. Jim 
Farrell (DFL-St. Paul) is designed to head off a 
simmering labor-management conflict involving 
Ramsey County and its prosecutors.
     'It scares me that the county attorneys in 
Ramsey County are seriously thinking about 
striking this summer,' Farrell said.
     Farrell, who is a Ramsey County public defender, 
said that a strike could take place following the July 
4 weekend, when holding cells are full and 
numerous felony trials are scheduled.
     A strike by prosecutors would cripple the courts 
and force those accused of crimes to languish in jail.
     If assistant county attorneys -- like firefighters 
and police officers -- were classified as essential 
employees, contract disputes with county officials 
would be settled through binding arbitration.
     Assistant county attorneys from Ramsey and 
Hennepin counties told members of the Labor-
Management Relations Committee April 25 that 
becoming essential employees would clarify their 
status in contract disputes.
     While state law -- PELRA (Public Employment 
Labor Relations Act) -- permits county attorneys to 
strike, the issue is not at all clear.
     'The right to strike is really an illusion,' said Bill 
Richardson, a Hennepin County prosecutor.
     He explained that an attorney cannot 'walk away 
from a case in litigation without the permission of 
the court and the client.'
     This is explicit in the Rules of Professional 
Responsibility issued by the state Supreme Court. 
An attorney violating these rules can lose his or her 
license to practice law.
     Al Zdrazil, a Ramsey County prosecutor who is 
the local AFSCME union steward said, 'It is 
unrealistic to say we have the right to strike' while 
trying a serious felony case or while involved in a 
commitment proceeding for a mentally ill person.
     Farrell's proposal would allow the assistant 
prosecutors to resolve a contract impasse through 
'binding arbitration,' which would provide them 
'with greater equity' but not permit a strike, 
according to Zdrazil.
     AFSCME, the union representing state, county, 
and municipal employees, and the AFL-CIO 
'historically supports the right to strike,' said Steve 
Hunter, political action director for AFSCME, which 
represents the county attorneys.
     Hunter acknowledged that within AFSCME there 
is 'room for diversity' and local councils can take 
their own positions. 
     The original provision in the judiciary finance 
bill would have limited the essential employee 
designation to assistant county attorneys in 
Hennepin, Ramsey, and Washington counties.
     The Ways and Means Committee approved an 
amendment that would designate assistant county 
attorneys statewide as essential employees. 
     HF1700 now goes to the House floor.

LAW

Protection orders granted

     A person who petitions the court to receive an 
order for protection would not automatically have 
to attend a hearing before receiving the order, 
under a bill given final approval by the House April 
19. The vote was 130-0 vote.
     Orders of protection particularly aid victims of 
domestic abuse because they legally keep the 
abuser from having contact with the victim.
      Under the bill (HF927), the order for protection 
would be granted without the normal court hearing 
attended by both the person seeking the order and 
the respondent named in the order.
     Such a hearing would be held if either person 
requested one, however, said bill sponsor Rep. Dave 
Bishop (IR-Rochester). Both parties would be 
apprised of their right to a hearing.
     'The bill would reduce the pressure on both 
parties to continue their confrontation in the 
courtroom and to leave their employment for a 
court hearing,' Bishop said.
     Fewer hearings also would mean more time for 
judges to handle other matters, he said.
     The bill now moves to the Senate.

No baby food allowed

     Flea marketgoers could no longer pick up some 
food for their newborns while they browse for 
antiques, under a new state law.
     There is a growing trend among transient 
vendors: selling baby food from flea market booths. 
Anyone may rent a table at a flea market and sell 
items.
     Effective Aug. 1, 1995, merchants at flea 
markets cannot sell infant formula, other food 
intended for a child under two years old, over-the-
counter drugs, medical devices, or cosmetics.
     Since the sales of such items are unregulated if 
they're sold at such booths, the safety or freshness 
of the products can't be assured.
     The law does make an exception for authorized 
manufacturers' representatives who may sell such 
items from booths they rent.
     The proposal was sponsored by Rep. Matt 
Entenza (DFL-St. Paul) and Sen. John Hottinger 
(DFL-Mankato).
     (HF1091*/SF1337/CH64)

Authorized use of force

     Workers at the privately owned Prairie 
Correctional Facility in Appleton, Minn., have a right 
to defend themselves against an assault by an 
inmate -- just as guards currently do in state-
owned prisons, under a new state law.
     The law, effective Aug. 1, 1995, clarifies that the 
power to use force in defense of an assault also 
applies in Minnesota prisons that are not run by the 
state. The Appleton prison is the only such facility 
in Minnesota.
     The law applies to anyone assaulted by a prison 
inmate, including another inmate.
     The law currently states that 'if any inmate 
attempts to damage the buildings or appurtenances, 
resists the lawful authority of any correctional 
officer, refuses to obey the correctional officer's 
reasonable demands, or attempts to escape, the 
correctional officer may enforce obedience and 
discipline or prevent escape by the use of force. If 
any inmate resisting lawful authority is wounded or 
killed by the use of force by the correctional officer 
or assistants, that conduct is authorized under this 
section.'
     The proposal was sponsored by Rep. Chuck 
Brown (DFL-Appleton) and Sen. Warren Limmer 
(IR-Maple Grove).
     (HF145/SF1255*/CH70)

LOCAL GOVERNMENT

Noisy town hall

     Two towns in Aitkin County will be allowed to 
work around a state statute which says town 
meetings are to be held the second Tuesday in 
March.
     A new 1995 law pertains specifically to Glen and 
Kimberly, two towns sharing a town hall.
     The town boards can't hold town meetings on 
the same state-mandated day -- the second 
Tuesday in March -- because the hall becomes too 
noisy, said Rep. Becky Lourey (DFL-Kerrick) who 
sponsored the legislation in the House.
     Under the new law, either town may hold its 
town meeting the day before or the day after the 
second Tuesday in March. The other town would 
meet on the mandatory meeting day.
     The boards would determine between them 
which will meet on what date.
     The proposal, effective Aug. 1, 1995, was 
sponsored in the Senate by Sen. Florian 
Chmielewski (DFL-Sturgeon Lake).
     (HF37*/SF49/CH10)

TAXES

Property taxes and education

     Minnesota voters would decide if local property 
taxes should continue to fund K-12 education, 
under a bill on its way to the House floor.
     HF1844, passed April 27 by the House Rules and 
Legislative Administration Committee, proposes an 
amendment to the Minnesota Constitution to stop 
using property tax revenues to pay for school 
operating costs.
     If the bill wins approval, the proposed 
amendment would be put to voters in the 1996 
general election.
     Bill sponsor Rep. Ann Rest (DFL-New Hope) said 
the amendment would 'increase fairness' by forcing 
changes in the property tax system and the way 
schools are financed.
     And the amendment would permanently end a 
pattern of 'year after year' property tax hikes, she 
said. 
     But House Minority Leader Steve Sviggum (IR-
Kenyon) questioned the need for the bill.
     'If we really wanted to do this, we could do it 
now without a constitutional amendment,' he said.
     House Speaker Irv Anderson (DFL-Int'l Falls) 
said property tax and education funding reform 
'would never get done' without something to force 
action.
     'We've got to have a mandate from the people 
saying, 'Deal with the issue of property taxes,'' 
Anderson said.
     The amendment would eliminate $1.7 billion in 
property taxes that now go to K-12 education and 
shift school operating costs exclusively to the state, 
Rest said.
     Local levies for school construction and 
equipment costs would not be affected by the 
amendment.
     If voters approved the amendment in 1996, the 
Legislature would have to devise a new plan for 
education funding before property taxes were cut 
July 1, 1998.
     The proposed wording of the ballot question 
drew criticism from committee members, including 
Sviggum and Rep. Charlie Weaver (IR-Anoka).
     The bills calls for this question to appear on 
ballots:
     'Shall the Minnesota Constitution be amended to 
require that operating funds for public schools 
come from sources other than local property taxes?'
     Weaver tried unsuccessfully to amend the bill to 
tack on words informing voters the amendment 
could force increases in sales or income taxes or 
cuts in state aid to cities and counties, which could 
cause cuts in local government services.
     Minnesotans should 'at least know what they're 
voting for,' Weaver said.
     Anderson called the attempt to include language 
about potential tax increases 'a veiled attempt to 
bring disapproval' from voters.
     The proposed amendment is 'an honest effort' to 
let Minnesotans play a role in dealing with the issue 
of property tax funding for education, he added.
     'If it's an honest effort, then let's give an honest 
question to the people of Minnesota,' Sviggum said.

TRANSPORTATION

Plates for test cars

     Automobile manufacturers testing their cars in 
Minnesota will need to purchase special license 
plates for the vehicles, under a new state law.
     The law creates a new Minnesota license plate 
called a manufacturer test plate. Automobile 
manufacturers will buy such plates for cars which 
are tested in Minnesota to assess cold weather 
performance.
     Such test cars are usually parked for long 
periods of time in northern Minnesota, then driven 
to determine how they perform after being idle in 
cold weather, said Katherine Burke Moore, director 
of the Driver and Vehicle Services Division of the 
Minnesota Department of Public Safety.
     The division will issue the license plates. 
Manufacturers must pay $40 per year for the four 
plates. Of that charge, the department keeps $25 
and the remaining $15 goes to the general fund. 
Each additional plate would cost $25 -- $10 of 
which is kept by the division with the remainder 
going to the general fund.
     Currently, test cars usually come from Michigan 
auto plants and use Michigan manufacturer plates, 
Burke Moore said. 
     Her division will pay only about $300 to begin 
making the plates, because they are pressed from 
standard stock used to create Minnesota license 
plates, she said.
     Under the law, cars with such plates can be 
operated on streets and highways by employees of 
the automobile manufacturing company testing the 
plates.
     The law, sponsored by Rep. Jim Tunheim (DFL-
Kennedy) and Sen. Bob Lessard (DFL-Int'l Falls), 
became effective April 20, 1995.
     (HF971/SF172*/CH74)

Ensuring bike safety

     Motorists who pass alongside a bicycle at closer 
than three feet are subject to a petty misdemeanor 
fine, under a new state law.
     The law is intended to make the roads safer for 
bicyclists, said House sponsor Rep. Leslie 
Schumacher (DFL-Princeton).
     The law, effective Aug. 1, 1995, calls for cars or 
other vehicles passing bicyclists to leave at least 
three feet of space between the vehicle and the 
bicycle. Current law does not stipulate a safe 
passing distance.
     Motorists who don't observe the three-foot 
passing distance could be stopped by officers and 
slapped with a petty misdemeanor. The maximum 
fine is $200. 
     The law also calls for drivers' examination tests 
to include questions about traffic laws relating to 
bicycles to ensure that drivers know about bicycle 
safety.
     It also requires that the Minnesota drivers' 
manual -- which is studied before taking the 
drivers' license examination -- must include a 
section on bicycle traffic laws.
     Sen. Jane Krentz (DFL-May Township) sponsored 
the proposal in the Senate.
     (HF1134/SF687*/CH72) 

Eye protection mandated

     All motorcycle drivers and riders must wear 
glasses, goggles,  visors, or some other type of eye 
protection, even if their vehicles have windshields, 
under a new law.
     Both the Minnesota Motorcycle Riders 
Association and the Minnesota Department of Public 
Safety support the law which is effective Aug. 1, 
1995.
     State law has long required a motorcycle rider 
or driver to wear eye protection unless their 
motorcycle had a windshield. But many new 
windshields are too low to offer any real protection 
from objects that may fly up from the road, said 
Rep. Don Frerichs (IR-Rochester), sponsor of the bill.
     The new law, effective Aug. 1, 1995, mandates 
drivers or riders to wear eye protection, which 
could be regular eyeglasses, sunglasses, a helmet 
visor, or 'anything else that literally protects the 
eye,' Frerichs said.
     (HF568*/SF528/CH40)

Private driver data

     The names and addresses of disabled drivers 
won't be available to the public, under a new state 
law.
     The law is necessary to curb some medical 
equipment vendors from compiling lists of potential 
customers and contacting them in an attempt to 
make a sale, said Kurt Strom, an advocate for the 
State Council on Disabilities. Some disreputable 
vendors have made such contacts, he said.
     Currently, only medical information on those 
disabled drivers is private -- which means 
members of the public don't have access to that 
data. But the fact that a driver has a handicapped 
parking permit has been public.
     The law also will allow disabled drivers to 
display their handicapped parking certificate on the 
dashboard if their disability prevents them from 
hanging it from the rear view mirror as state law 
currently requires.
     The proposal, effective Aug. 1, 1995, was 
sponsored by Rep. Sherry Broecker (IR-Vadnais 
Heights) and Sen. Paula Hanson (DFL-Ham Lake).
     (HF900/SF144*/CH85)