SESSION WEEKLY A NON-PARTISAN PUBLICATION OF THE MINNESOTA HOUSE OF REPRESENTATIVES MAY 19, 1995 VOLUME 12, NUMBER 20 WEEK IN REVIEW. . . MAY 11 - 18, 1995 HIGHLIGHTS Minnesota-Canada border battle . . . Limits eased for Minnesotans fishing in Canada Minnesotans who fish in Ontario would be allowed to return to the state with their fish filleted -- at least for the next year, under an agreement reached by legislative leaders, Gov. Arne Carlson, and the Department of Natural Resources. A bill negotiated by House-Senate conferees on economic development spending (SF1670) contains provisions that would repeal a 1994 law that limited Minnesotans fishing in Ontario to bringing back just one trophy fish of each species. The bill would permit anglers to bring back their full limit of game fish allowed under Ontario law. The measure also would give the governor the authority after May 1, 1996, to require that all anglers fishing in Ontario return to Minnesota with fish unfilleted, or "in-the-round." The one-year reprieve from fish transportation restrictions is designed to allow time for the governments of the two countries to get together to resolve the long-running dispute over fishing and tourism. (See related story, page 4) According to committee testimony, the "in-the- round" provision is significant because anglers staying at Canadian resorts typically have their walleye catch filleted and frozen by staff there, so anglers return home with ready-to-eat packages of fillets. Having to bring back whole, unfilleted fish makes Canadian fishing expeditions less attractive, so that fewer anglers will patronize Ontario resorts. Fish spoil more quickly when "in-the-round" and consequently don't taste as good. Ontario has placed stricter fish limits on anglers who lodge in Minnesota than on those who stay in Ontario resorts, including a ban on keeping any walleyes that Minnesota-based anglers have caught on the Ontario side of Lake of the Woods and Rainy Lake. SF1670 also would allow anglers fishing north of Big Island in Lake of the Woods to possess both a Minnesota and Ontario fish limit if they have valid licenses and tags. That's six walleye from Minnesota waters and an additional two from Ontario waters. Currently, anglers can only bring back the Minnesota limit of six walleye, according to Roger Holmes, director of the DNR's Fish and Wildlife Division. DNR Commissioner Rod Sando has said the provision would encourage anglers to stay at resorts on the Minnesota side of the lake. The expanded limit would not apply on the Manitoba side of Lake of the Woods or on other border waters. (The Minnesota-Canada border runs through Lake of the Woods in Minnesota's Northwest Angle. The western portion of the lake is in Manitoba, eastern portions of the lake are in Ontario.) The bill also would allocate $100,000 to the Department of Trade and Economic Development to examine ways to legally or diplomatically challenge Ontario's current fishing regulations. Two other bills moving through the Legislature also repeal portions of existing law dealing with fishing in Ontario. The House-Senate environment and natural resources finance bill (HF1857/SF106*) would repeal all the 1993 and 1994 laws restricting how and how many fish can be returned from Canada. The 1993 Legislature approved a law that required fish to be transported into the state unfilleted, which was changed in 1994 to allow only one trophy fish of each species. (See March 31, 1995, Session Weekly, page 9) This year, the Legislature had considered resurrecting portions of the 1993 law -- but the proposal had strong opposition in the Senate and from some House members. The omnibus game and fish bill (HF683/SF621*), given final approval by the House May 17, also includes a section that would repeal the law restricting Minnesota anglers to returning from Ontario with only one trophy fish of each species. -- Mordecai Specktor Fishing for feds The federal government would be formally asked to intervene in the long-running fishing and tourism dispute between Minnesota and Ontario, under a resolution the House approved May 17 on a 128-0 vote. HF1806, sponsored by Rep. Tom Bakk (DFL- Cook), calls on the federal government to refer the controversial issue to the International Joint Commission, a body created by the 1909 Root-Bryce Treaty to resolve U.S.-Canadian border disputes. Minnesota and Ontario have battled for several years over an Ontario restriction that limits the number of walleyes that 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. (See related story, page 3) The Root-Bryce Treaty was created to resolve and prevent disputes regarding the use of waters along the U.S.-Canadian border. The International Joint Commission was created under the treaty to facilitate the resolution of future disputes. Bakk said the current conflict is more than a state issue and that the federal government should play a role in finding a solution. The dispute is detrimental to tourists from throughout both countries as well as the residents of Minnesota and Ontario, he added. AGRICULTURE Wind energy A bill that would help farmers form cooperatives to harness wind energy won House approval May 12. The vote was 128-1. The bill, sponsored by Rep. Ted Winter (DFL- Fulda), would allow farmers to receive low-interest loans to erect wind energy turbines that could generate up to one megawatt of electricity (enough to provide power for about 600 homes). The measure (HF1669/SF1551*) also would allow farmers to apply for affordable loans so they could buy stock in cooperatives formed to harness wind power in rural Minnesota. The bill does not specify the particulars of the loan program. (See April 13, 1995, Session Weekly, page 4) Both provisions would expand existing programs operated by the state Department of Agriculture's Rural Finance Authority which lends money to farmers through seven different programs. Supporters of wind energy say encouraging development of small cooperatives will make it more likely for farmers to share in the wealth of the growing wind energy movement. A law approved in 1994 requires Northern States Power Co. to provide a total of 425 megawatts of wind power by the year 2002, which has intensified the interest in wind energy. Under the bill, at least 51 percent of shareholders in a cooperative must reside in a county or contiguous county to the location of the wind energy production facility. The facility must be located on agricultural land owned by the cooperative. A separate provision in the bill tries to protect farmers from certain state agency rules. It calls for any state agency proposing a rule change that would affect farming operations in Minnesota to notify the Department of Agriculture of the proposed new rule. 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. (See April 28, 1995, Session Weekly, page 5) (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.) The rule-making language in the bill mirrors language in HF1478, sponsored by Rep. Ken Otremba (DFL-Long Prairie). A conference committee is now meeting to work out a compromise between the House and Senate versions of the wind energy bill. BONDING Strike three for bonding A bill to authorize the sale of $25.4 million in state bonds to build schools and remodel the State Capitol has struck out a third time. The House took up the bonding bill again May 15 (it had already died twice May 11) only to have it fail 77-55 -- three votes shy of the 81 votes needed for a bonding bill to pass. (The Minnesota Constitution mandates that 60 percent of the members of both bodies must approve a bill to sell state bonds.) The bill is now tabled, which means it may be reconsidered at a future date. The proposal (HF1010) would authorize the sale of $25.4 million of bonds in this non-bonding year. Last year, the governor signed a $621 million bonding bill into law, the largest in state history. (Bonding bills are typically assembled in the second year of the state's two-year spending cycle.) HF1010 would authorize $23.7 million in bonds for maximum effort school loans to three school districts. Such loans are granted to districts which, due to low property tax values, cannot raise sufficient funds through property taxes to make much needed capital improvements. Districts must show they meet a number of tax capacity qualifications to be eligible for the loans, which allow them to take advantage of the state's low-interest loan rates. (The loans are repaid according to a schedule based on a district's property tax values.) Under the bill, the Kelliher School District would receive $6.9 million to help construct a new school, the Littlefork-Big Falls School District would have received $7 million for building expansion and to make the schools handicap accessible, and the Big Lake School District would receive $9.7 million to help repay a short-term loan used to build a new school. The Big Lake proposal has been approved by the House each of the past three years and removed from the bonding bill during conference committee negotiations, said bill sponsor Rep. Henry Kalis (DFL-Walters). Also under the bill, the Department of Administration would receive nearly $1.7 million in bonds to make improvements to the State Capitol building. Of the amount $184,000 would come from the general fund. The dollars would resolve the turf battle over Capitol office space. Earlier this session, the Legislature went to Ramsey County District Court and won an injunction to stop the governor from moving into office space lawmakers said was theirs. The bill also would allow Normandale Community College to construct a parking ramp for its students. The bill would authorize the community college system to sell revenue bonds for the project, though the total amount borrowed for the project could not exceed $4.2 million. The money would be paid back through the fees paid by people parking at the ramp. The bill also limits -- to one-half of total project costs -- the amount of general fund dollars used to pay for building or repairing parking ramps and lots at community colleges. Also, the community college system would have to develop a plan by January 1996 to finance all future parking lot construction and repair expenses with parking fees rather than state appropriations. The Senate passed a $37.8 million bonding bill May 3. Mighty Ducks hockey School boards and city councils could more easily raise revenue to build new ice arenas, under a bill that won final passage in the House May 15. The bill would allow city councils and school boards to jointly issue revenue bonds for ice arenas without having to win the approval of voters. An outside fiscal analyst, however, would have to certify that user fees from a proposed arena would generate enough to pay off any bonds, under the bill. The arena provisions are part of HF1614/SF1393*, sponsored by Rep. Ann Rest (DFL-New Hope). The bill, which passed 88-45, largely consists of noncontroversial, technical changes in local government bonding authority. But the referendum exemption for ice arenas drew criticism from Rep. Phil Krinkie (IR- Shoreview), who said the bill sets a "very serious precedent" by leaving voters out of the loop. Taxpayers could be left to pay the bill if the arenas fail to generate enough revenue to pay off the bonds, Krinkie said. But Rep. Bob Milbert (DFL-South St. Paul) said the likelihood is "very, very low" that local taxpayers would be stuck with the bill for a new arena. Arena-user fees would be used to pay off the bonds issued for construction of the facilities. Separate legislation, already approved by the House this session, includes $3.2 million to match local funds to build more ice arenas in Minnesota. The state government spending bill would allow the Minnesota Amateur Sports Commission to distribute grants of up to $250,000 each to local communities. A conference committee now is working to reconcile the differences between the House and Senate versions of that bill. The effort to provide state money to help build ice arenas throughout Minnesota was originally included in the so-called 'Mighty Ducks' bill (HF1620), sponsored by Milbert. The measure, originally introduced in 1994, is named after a Walt Disney movie about a group of misfit youth hockey players. BUSINESS Wheelchair warranties Equipment such as wheelchairs or Braille printers that aid people with disabilities would have to come with at least a one-year warranty, under a bill on its way to the governor. Bill sponsor Rep. Matt Entenza (DFL-St. Paul) said the Department of Administration asked him to carry the bill to help curb a specific problem with malfunctioning wheelchairs. "There are a small number of devices that continue to break down. It's a problem in the handicapped community," Entenza has said. If manufacturers of "assistive devices" don't provide a warranty with the equipment, the bill would call for a one-year warranty to exist as if the manufacturer had issued one. Under either warranty, the equipment owner could have it repaired by the manufacturer or an authorized dealer if it breaks within one year. The bill also ensures that the owner would get a refund if the device is not repaired within a reasonable amount of time. The measure contains no penalty if a manufacturer decides not to honor the government- imposed warranty. A consumer or the attorney general, however, could take the manufacturer to court to recover damages if the bill becomes law. Under the measure, the court "shall" award a consumer who wins in court, twice the amount of the monetary loss, attorneys fees and costs, and any "equitable relief the court may determine is appropriate." HF990 passed both bodies May 15. The vote was 128-0 in the House and 60-4 in the Senate. CONSUMERS Regulating charities A bill that would shed more light on how much top officials of Minnesota charities are paid won final passage in the House May 11. The vote was 103-23. Under current law, a charitable organization must disclose the compensation paid to its top five officials who receive more than $50,000 per year; the disclosure is to be included in its annual report filed with the Office of the Attorney General. But subsidiary businesses controlled by the charity don't have to reveal how much they are paying to top officials who also work for the charitable organization. HF809/SF579* would change that to provide a more complete picture of wages, bonuses, and fringe benefits paid to those working for charitable non-profits and their for-profit subsidiaries. During floor debate on the proposal, members pointed to Minnesota Public Radio (MPR) as a reason why the bill should be passed. MPR's parent company, Minnesota Communications Group, has a for-profit subsidiary, Greenspring Co., that sells tapes, sweatshirts, and other items through a series of direct mail catalogs. Greenspring's gross revenue was $135 million in 1994. Top officials at MPR are also compensated by Greenspring, although only the MPR compensation is reported to the attorney general's office each year. MPR opposes the provision calling for the additional disclosure. Ginger Sisco, MPR's vice president for marketing and community relations, said MPR provides a "sufficient amount of information" in an IRS form submitted annually to the attorney general's office. Greenspring spokesperson Yolanda Scharton doesn't think that it, as a private company, should be "encumbered" by a mandate to reveal its executives' compensation. But the attorney general's office disagrees. Requiring the disclosure of executive compensation from both a charity and its subsidiaries will enable the public to have a better picture of the way an organization operates, explained Sheila Fishman, an assistant attorney general in the office's Charities Division. The bill would expand the "right-to-know disclosure law, which has been on the books for years," she said. Similar legislation passed the Senate May 5, but that bill requires only the disclosure of compensation from a charity's profit-making subsidiaries when the charity spends more on the subsidiary than it receives from it. The bill also would give the Office of the Attorney General $150,000 over the next two-year budget period to enforce state laws regulating professional fund raisers. Fishman said that the appropriation would be completely recouped from registration fees paid by charities and professional fund raisers. Bill sponsor Rep. Matt Entenza (DFL-St. Paul) said the money would help shut down unscrupulous fund raisers who claim to be collecting money for charity, when in fact the dollars just "line their pockets." The bill now moves to conference committee. DWI Snowmobiling, boating, DWIs Some repeat DWI offenders who get caught driving their boats or snowmobiles while under the influence could forfeit their pleasure craft or vehicles to the state, under a bill given final passage by the House May 17. The vote was 108- 20. HF423/SF399*, sponsored in the House by Rep. Tom Van Engen (IR-Spicer), also would apply to all- terrain vehicles (ATVs). Under current law, those convicted of a fourth DWI offense within five years or a fifth DWI offense within 15 years lose their vehicles. Under the bill, if that fourth or fifth conviction happens in a boat, snowmobile, or ATV, the recreational craft or vehicle also would be taken -- for good. Only the vehicle used to commit the drunken driving offense would be seized. The vehicle would not be subject to forfeiture if the person convicted of a DWI was not the vehicle's owner. Local law enforcement agencies could keep the vehicles for official use or sell them. The profits would be used for anti-DWI efforts. If the arresting officer works for the state, such as a DNR conservation officer, the proceeds would be forwarded to the snowmobile trails and enforcement account or the all-terrain vehicle account, depending on the type of vehicle involved. "We don't really want the vehicles, we just want [drunk] people to stop driving them," Van Engen has said. The bill would generate only a small amount of money -- $11,000 -- for the state over the next two years. A fiscal note prepared for the bill indicates that counties could gain $55,000 each year through the sale of boats, snowmobiles, and ATVs. Added to the bill on the House floor were new penalties for car buyers who fail to promptly transfer the title on the vehicle. (Similar penalties are included in HF575/SF1199*, which passed the House May 4 on a 129-0 vote.) Currently, it is a misdemeanor for a buyer to fail to apply for a title transfer of a vehicle within 14 days. The bill would give buyers just 10 days to apply for a title transfer and pay the necessary fees. The Department of Public Safety would suspend the license plates on the vehicle if the buyer does not transfer the title within 10 days of the sale, under the bill. If the plates are suspended, the buyer would have to pay an additional $5 reinstatement fee along with normal title transfer charges. If, after 14 days, the buyer still has not transferred the title, he or she will face another $2 charge. HF423/SF399* is now in conference committee to reconcile differences between the House and Senate versions of the bill. Plate impoundment A bill designed to keep more chronic DWI offenders off the roads was vetoed by the governor, who called the proposal an "unfunded mandate to the Department of Public Safety." Under current law, when a person's driver's license is suspended for a third DWI offense in five years (or a fourth within 15 years), his or her license plates also are impounded for as long as the offender's driver's license is suspended. For a third- time offender, that's a minimum of one year. But chronic DWI offenders are smart, House sponsor Rep. Wes Skoglund (DFL-Mpls) has said. Once their plates are impounded, they often begin to drive their girlfriend's or their spouse's car. Should they get caught under the influence in someone else's car, those license plates are then impounded. But all the car owner has to do is sign a statement that he or she was unaware of the DWI violation and new plates are issued -- free of charge. The vetoed bill still would have given the plates back to the car owner (if the car was reported missing), but the plates would have been coded with specific letters, so that law enforcement officials would know the car had been involved in a prior DWI offense. The plates would have remained on the car for a minimum of one year. The coded plates would have provided law enforcement officers with a "reasonable suspicion" to pull the car over should the driver not be the registered owner of the car. From the patrol vehicle, an officer can check the car's registration and the license status of the car owner, which contains a description of the owner. If the driver doesn't match the description, the officer would have cause to stop the car. Gov. Arne Carlson said the goals of the bill were laudable, but the cost to the Department of Public Safety would have been $124,000 per year. The department estimated the bill would have called for three new employees to process 10,000 plates per year. Carlson said it was "unfortunate" the bill did not provide the necessary funding. Sen. John Marty (DFL-Roseville) sponsored the bill in the Senate. HF416/SF308*/CH157 ELECTIONS Running for office A bill that would have allowed any public employee to stay on the job while running for political office was vetoed by the governor. Under current law, state employees have such a right, but county employees don't . At least 18 counties require their employees to take a leave of absence after filing to run for an elective office. House sponsor Rep. Don Ostrom (DFL-Mankato) has said that is unfair. During committee testimony, witnesses explained that such a policy discourages many from running for elective office. Brad Peterson, the current sheriff of Blue Earth County, successfully ran for office despite being forced to take an unpaid leave from his former county job. It cost him $7,000 in lost wages and an additional $1,500 to keep his health insurance active. The bill also would have provided job security for those public employees who chose to take a leave of absence to run for office. It would have given all public employees the right to an unpaid leave of absence upon becoming a candidate for any elected political office. Such rights are now granted to state employees. Gov. Arne Carlson called the bill "unacceptable." By giving all public employees the benefit of a leave of absence it provides a "significant advantage over private employees when running for elective office," he said. Sen. John Hottinger (DFL-Mankato) sponsored the proposal in the Senate. HF624*/SF493/CH138 EMPLOYMENT Pension benefit modifications Communities receiving more than enough aid to pay police and salaried firefighter pensions would see that money redistributed to other such community pension funds, under an omnibus pension bill approved May 16 by the House. The vote was 108-21. Those employee pensions are partially funded through a 2 percent tax on automobile insurance. But because automobile insurance rates have increased in past years, the tax is now raising more money than needed for the pension funds in some municipalities. Under current law, excess funds are deposited in the state's general fund. Under the House bill (HF1040), sponsored by Rep. Phyllis Kahn (DFL-Mpls), the money would be distributed to municipalities that do not have excess aid. That redistribution would begin in October 1997 under the bill. Among the bill's other highlights: -- The city of Minneapolis would, in future years, pay to the Minneapolis teachers' pension fund money it would have otherwise deposited in a Minneapolis city employee pension fund. The Minneapolis Employees Retirement Fund (MERF) has been closed to new members since 1978. Since that date, new employees have been covered by a state pension plan. Because individuals enrolled in the fund are now retiring, the city of Minneapolis' MERF contribution will decrease through the years. That will permit revenue to be redirected to the Minneapolis Teachers Retirement Fund Association. HF1040 calls for the city in the future to pay to the teachers pension fund the difference between the city's 1995 contribution to MERF and that particular year's MERF contribution. -- Retired Duluth teachers would see an increase in post-retirement adjustments because the bill eliminates the current system and replaces it with a 2 percent yearly increase, plus an investment- based increase. The teachers also would receive higher benefits at the time of retirement. Currently, Duluth teachers retiring at the standard age of 65 receive 1.5 percent of their average highest five years of salary (generally the salary received closest to retirement) for each year of service. Under the bill, the same individual will receive 1.66 percent of the "high-five" years of service. -- The bill also calls for a reduction in penalties for police officers and salaried firefighters who retire early and are members of the Public Employees Retirement Association Police and Fire (PERAP&F) plan, or a PERAP&F consolidation account. Under the bill, the early-retirement reduction penalty would be 2.4 percent per year for each year the person is under age 55. Current early- retirement penalties are more substantial. -- Also under the bill, teachers with at least 20 years of service who are currently working part- time under the part-time teaching provision (which allows them to work part time while receiving full- time pension benefits) will negotiate with the school district on sharing the cost of the pension contribution. Due to a 1994 law change, the employer must now make full-time payments to pension funds for those part-time teachers. Formerly, either the teacher or the school district had to pay the state retirement fund the difference between what the district contributed on behalf of the part-time employee and what the share would have been if the teacher had worked full time. The teacher and the board worked out the proportion each contributed. For instance, a school board could have agreed to pick up half the difference with the teacher picking up the other half. The 1995 bill proposes a return for districts to create such cost-sharing formulas. It would allow teachers whose districts no longer wish to take part in the program to return to full-time teaching. The Senate will now hear its version of the bill (SF806), which is different from the House version. ENVIRONMENT Petrofund changes A bill to encourage petroleum tank owners to check to see if their storage tanks are leaking won final approval in the House May 11. The vote was 130-0. Under the bill, those who pay to have their property tested to see if there has been soil contamination from a leaking tank could get their money back for that assessment. (A typical assessment costs between $2,000 and $3,000.) Should the assessment show that the tanks are leaking, they must be removed or repaired, and any contaminated soil properly disposed of or treated. Any tank that has not been used for a year must be removed, whether it is leaking or not. Many of these tanks are underground and found at sites such as abandoned gas stations. Contamination is found at "about 75 to 80 percent" of the sites with old underground storage tanks, bill sponsor Rep. Roger Cooper (DFL-Bird Island) has said. The change is one of several the bill (HF488/SF507*) makes to the state's Petrofund program, which was established by the 1987 Legislature to help the owners of storage tanks recover some of the costs of a site's cleanup. The Petrofund program is financed by a two- cent per gallon fee paid by petroleum distributors. The bill also would place a cap on clean-up costs if the leaking tank is on residential property. An individual would be responsible for paying no more than $7,500 for cleaning up a residential site, under this provision. Current law requires an owner to pay an open-ended 10 percent of all cleanup costs. The following provisions are included in the bill: -- All above-ground storage tanks would need to be labeled to indicate their contents. Multiple tank sites would have to post a permanent sign with a diagram showing the location, contents and capacity of each tank, and the location of piping, valves, storm sewers and other information needed for an emergency response. According to Michael Kanner, manager of the Minnesota Pollution Control Agency's Tanks and Spills Section, accidents have occurred where petroleum products have been poured into the wrong tanks. In one case, fuel was poured directly into the ground through a monitoring well. Owners of above-ground storage tanks would have to install gauges showing the amount of fuel in a tank, and an "audible or visual alarm" to alert a person delivering fuel that the tank is within 100 gallons of capacity. -- Two contaminated petroleum bulk storage sites -- one owned by the city of Minneapolis, and one in St. Paul owned by a company going through financial reorganization -- would receive reimbursement for cleanup through the Petrofund program. (While the Petrofund was not intended to pay for cleaning up leaking storage tanks of more than 1 million gallons, current law does include an exception for such facilities owned by mining companies.) -- Contractors who register with the Petroleum Tank Release Cleanup Board, commonly called the "Petro board," would have to obtain $1 million in liability coverage, and agree to make all field and financial records available for audits by the board. Additionally, in order to receive reimbursement for cleanup work, contractors would have to retain their work records for seven years. Under current law, records detailing corrective actions must be kept for five years. The bill is now in a conference committee where a select group of lawmakers is working out the differences between the House and Senate versions of the bill. Emission omissions Metropolitan area residents driving newer cars would be spared the inconvenience of an annual emissions test, under a bill on its way to the governor for his consideration. The bill (HF2) would exempt vehicles up to five years old from the $8 test currently required to obtain annual license plate tabs in the Twin Cities area. The House gave the bill final passage May 17 on a 123-4 vote. Sponsored by Rep. Alice Johnson (DFL-Spring Lake Park), the proposal would take effect Aug. 1, 1995. At that time, cars from the 1991 model year or later would not have to be tested. Because so few newer cars fail the test, the procedure is unnecessarily costly and time consuming, Johnson said. A recent Minnesota Pollution Control Agency study showed that less than 1 percent of cars from the 1991 model year or newer failed the test during a one-year period. The 1988 Legislature enacted the vehicle emissions testing program, which took effect in mid-1991, because the state was in violation of federal clean air requirements. If the state falls below standards set forth in the 1990 Clean Air Act, the U.S. Environmental Protection Agency may withhold federal highway funds from the state. (See April 21, 1995, Session Weekly, page 8; March 3, 1995, Session Weekly, page 9; Feb. 24, 1995, Session Weekly, page 6; Feb. 17, 1995, Session Weekly, page 6; and Jan. 27, 1995, Session Weekly, page 7) State ownership of waters A new law asserts the state's ownership of waters inside federal nature areas in northern Minnesota. House sponsor Rep. Tom Bakk (DFL-Cook) said the law will make it clear the state has never given up jurisdiction over surface waters and lake beds inside the Boundary Waters Canoe Area Wilderness (BWCA) and Voyageurs National Park. The law says that the state has not ceded control over "roughly 100,000 acres of state-owned" land within the BWCA portion of the Superior National Forest in the northeastern part of the state. The law also asserts state control over parts of Rainy Lake and other lakes within the 35,000 acres donated by the state in 1971 for Voyageurs National Park, which is just east of International Falls. Minnesota's governor and other constitutional officers are instructed to "vigorously assert and defend" the state's ownership of "these waters and their beds and related natural resources," and to protect the rights of Minnesota citizens to free navigation on border waters in accordance with two treaties between the U.S. and Canada. House Speaker Irv Anderson (DFL-Int'l Falls), a co-author of the law, said, "This legislation will help bring greater state and local input to management decisions regarding Voyageurs and the BWCA." Bakk and other supporters of the law would like to see fewer restrictions on the use of the waters. In particular, Bakk expressed opposition to newer restrictions banning fishing contests and forbidding snowmobiling on specific lake bays in Voyageurs. "It seems to be moving more and more away from being a multi-use park, and that's what we were promised [when it was created]," Bakk has said. The law puts the state on record about where it stands on ownership of the waters, said Bakk. Minnesota, along with property owners and a snowmobilers group, has already challenged federal restrictions on motorboat and snowmobile use in the BWCA. In 1981, the U.S. Court of Appeals for the 8th Circuit ruled that the federal government had the right to regulate motorized vehicles within the northern wilderness area -- even though the state still owns the land and water. The court noted that testimony before Congress on the 1978 Boundary Waters Canoe Area Wilderness Act established that the "sight, smell, and sound of motorized vehicles seriously marred the wilderness experience of canoeists, hikers, and skiers and threatened to destroy the integrity of the wilderness." The appeals court also rejected arguments from Minnesota that federal restrictions violated two U.S.-Canadian treaties -- the Webster-Ashburton Treaty of 1842 and and the Root-Bryce Treaty of 1909. The proposal, which became effective May 11, 1995, was sponsored in the Senate by Sen. Doug Johnson (DFL-Cook). (See April 21, 1995, Session Weekly, page 8) HF54*/SF279/CH1242 FAMILY Improving child support A $3.3 million comprehensive proposal to help collect delinquent child support payments -- which includes provisions to suspend drivers and occupational licenses -- won final approval from the House May 16. The vote was 122-9. As of July 1994, Minnesota kids were owed $551 million in delinquent support payments, according to the Office of the Attorney General. Supporters say the bill should be considered welfare reform, as well. There are currently 91,600 Minnesota child support cases involving families on public assistance. The bill would suspend the drivers' and occupational licenses of certain deadbeat parents who refuse to pay up. It also would establish a program to make custody and visitation proceedings less confrontational. The bill now moves to conference committee to reconcile differences with the Senate version. Sponsored by Rep. Matt Entenza (DFL-St. Paul), the major provisions of HF966/SF217* include: Linking support, visitation A successful amendment added to the bill on the House floor orders judges to consider a parent's refusal to comply with a visitation agreement in determining child support payments. The amendment says a judge shall consider "any unlawful refusal" on the part of a custodial parent "to cooperate with visitation and other parental rights" of the non-custodial parent should that parent refuse or fail to make child support payments. The provision is seen as a victory for non- custodial parents. But opponents say the two issues -- support and visitation -- should remain as the courts have historically treated them: separate issues. Attorney General Hubert H. Humphrey III issued a statement saying "nonpayment of child support is not a valid reason to deny visitation, any more than denial of visitation is a valid excuse for denying child support." Another amendment would link the amount of a child support payment with the amount of time children spend with the non-custodial parent in a given month. During any month when a custody or visitation order provides for children under a support order to remain with the non-custodial parent for 14 consecutive days, the child support payment for the month would be cut by 25 percent. The payment would be cut in half if the non-custodial parent kept the kids for 28 days out of a month. Pay it or park it Parents who are at least three months behind in their child support payments could lose their driver's license. The "pay it or park it" provision would notify those at least three months behind in their child support that they have 90 days to work out a payment plan with the county or the court. Failure to do so would result in a suspended driver's license. (The debtor may request a hearing on the matter.) The provision is modeled after a current Maine law which has generated $21 million in collections since its 1992 inception. It cost the state $70,000 to implement the program. Only 39 drivers' licenses have been suspended. Bill sponsor Rep. Matt Entenza (DFL-St. Paul) called the Maine program a successful deterrent. He said the goal is to collect money, and that few license suspensions are expected. The Department of Human Services (DHS) would get $50,000 to administer the program. By fiscal year 1999, when the program would be fully operational, DHS conservatively estimates the program will account for the collection of an additional $30 million in child support. Occupational license suspension Those who are at least three months behind in their child support payments also could lose a state-issued occupational license. Current law doesn't specify a minimum amount before a license can be suspended. The state issues occupational licenses including those for barbers, doctors, contractors, and other professions. Without a license they could not legally practice. Parents would be warned 30 days in advance that such a license suspension will be sought, and would have a right to a hearing on the matter. The Department of Human Services would get $10,000 to implement the program. Curbing teen sex To curb the trend of teens becoming pregnant at younger and younger ages, the state would authorize a grant program for communities that develop programs to target 12- to 14-year-old boys and girls. The bill includes $548,000 to start the program. Originally sponsored by Rep. Ann Rest (DFL-New Hope) as HF517, the ENABL (Education Now And Babies Later) program would be created, modeled after a similar program in California. School districts, churches, YMCAs, and other groups would qualify for grants as long as they could come up with 25 percent of the cost of the program. The program would focus on convincing 12- to 14-year-olds to postpone sex by using an existing curriculum that doesn't include birth control information. Part of the program would include a statewide media campaign that would encourage parents to talk with their children about postponing sex. Older teens also would talk to their younger peers on abstaining from sex. The state would distribute grants to community organizations across the state to implement the ENABL program. The need to reduce teen pregnancy is a taxpayer issue, according to proponents. In 1993, Minnesota spent $20 million on Aid to Families with Dependent Children welfare grants to families that began with a teen birth. There are about 7,100 parents on AFDC who are either minors now or were under 18 when their oldest child was born. That accounts for about 14,000 children. Support or service A "support or service" pilot project would be established to make able-bodied debtors without jobs perform community service work. They could be made to work up to 32 hours per week for six weeks. Entenza has said a similar Wisconsin program has proven to be an incentive for debtors to find work and has resulted in improved child support compliance. The Department of Human Services would get $119,000 to implement the program. Work reporting system A centralized employment database at the DHS would be created by Jan. 1, 1996. Business owners must report all new hires to the department within 15 days or face up to a $500 fine, per employee, for repeatedly (and intentionally) failing to report. Its purpose is to track those who drift from job to job to avoid having wages garnished to pay child support. When the state or any other governmental unit hires a contractor, it, too, will be reported to the DHS. The Department of Human Services would get $350,000 to implement the program. Publishing names of deadbeat parents The names of those delinquent in their support payments would not be published in local papers again until Jan. 1, 1997. When the program resumes, those who are on public assistance, have filed for bankruptcy, or have a pending court case concerning what they owe in delinquent support would not see their names in print. The changes follow the recent erroneous publication of the names of several people in newspapers statewide. The DHS would also need to publish "a printed retraction and apology" acknowledging those whose names are published in error. The Department of Human Services would get $275,000 to implement the program. Motor vehicle liens The state (or person owed child support) would be a "secured party" listed on the motor vehicle title of someone at least three months delinquent in child support payments. When such a vehicle, valued at more than $4,500 is sold, the seller would keep $4,500 and the state or the person owed child support would get the rest. The Department of Human Services would get $24,000 to implement the program. Cooperation for kids A "cooperation for the kids" pilot project would be created to address issues of custody and visitation in a mediation setting without judges or attorneys. It would be implemented by the DHS, the Office of Administrative Hearings, and the Office of the Attorney General. The program would be implemented in select counties and participants would be charged on a sliding-fee scale. All couples would be screened to identify a domestic abuse situation. The Department of Human Services would get $100,000 to implement the program. Support payment center A centralized state child support collections unit would be established within the DHS in 1997. All payments made to local agencies would be forwarded to the DHS. The Department of Human Services would get $120,000 to implement the program. Freezing interest The accrual of interest on back child support owed if the parent makes timely payments for 36 consecutive months would be frozen. This is designed to aid parents who at one time owed a lot in back child support but were unable to pay. By freezing the interest on that large unpaid balance, it is hoped that parents who resume paying can catch up and pay off the debt's principal. This provision was previously contained in HF348, sponsored by Rep. Tony Kinkel (DFL-Park Rapids), which was incorporated into HF966. The Department of Human Services would get $19,000 to implement the change. GOVERNMENT Claims bill approved The state would pay the remaining medical expenses from a 1988 crash of a Department of Corrections van, and also pay war veteran bonuses that are decades overdue, under a bill given final passage by the House May 17. The vote was 121-7. The 250 appropriations listed in the 1995 claims bill (HF1910) total about $164,000. The Claims Committee, a joint panel composed of House and Senate members, considers claims made against the state each year. The panel serves as a court of last resort for those who feel the state is responsible for a financial loss. A person can pay a $5 filing fee and plead their case for reimbursement. This year's House bill contains claims that range from $10 to over $74,000. The highest claim would pay remaining medical expenses from the Oct. 27, 1988, crash of a state- owned van transporting residents of the Sauk Centre juvenile correctional facility. Three teenagers and a staff member on a movie outing were killed when the van skidded off Interstate 94 near Alexandria, crossed the median and was struck by a semi-truck. Eleven others were injured in the accident. The lowest claim would pay a World War II veteran who is eligible for a military service bonus. Most of the claims contained in the bill, 241 this year, would go to the Department of Veteran Affairs to compensate Minnesota veterans for state- authorized bonuses based on their length of military service during wartime. Each veteran must apply for the bonus. The bill appropriates $43,315 for the bonuses. Bill sponsor Rep. Edgar Olson (DFL-Fosston), chair of the Claims Committee, said this will be the last series of veterans bonus payments for anyone who served in World War I, World War II, the Korean conflict, and Vietnam. The bill also would pay five Minnesota prison inmates for injuries sustained while performing assigned work. Those claims total about $23,600. Another $9,000 would go to two people injured while performing court-ordered community work. In response to a question on the House floor, Olson said that a $5 filing fee for initiating a claim, which the Legislature approved last year, "seems to be helping" to reduce the number of frivolous claims coming before the committee. The Senate passed HF1910 May 18 but amended it. It now goes back to the House for concurrence. Less government A bill to abolish several state boards and cut back on the number of regulations surrounding some agencies is one step closer to becoming a new law. The House approved the bill May 15. The vote was 70-58. The Senate has approved a different version and now members from both bodies are working together in conference committee to reach a compromise. Under HF1542/SF1246*, sponsored by Rep. Howard Orenstein (DFL-St. Paul), the state Higher Education Coordinating Board (HECB), Minnesota Racing Commission, State Lottery Board and Gambling Control Board would be abolished. The Public Service Department and the Public Utilities Commission (PUC) would be -- in effect -- merged into a single agency to reduce administrative costs. And three state agencies would be involved in pilot projects that would be designed to reduce what some consider cumbersome bureaucratic requirements. The bill drew criticism from Rep. Steve Sviggum (IR-Kenyon), who said it does not cut enough from state government. But House members rejected an amendment offered on the House floor to trim the number of state employees by 5 percent over the next two years. Orenstein acknowledged the bill does not include all of the cuts he aimed to make. "This bill does not go nearly as far as I would have liked to have gone, but it goes much further than we have in the past," he said. Orenstein considers "the heart" of the bill to be provisions calling for pilot projects to reduce state bureaucracy. The two-year projects would free one state agency from some purchasing requirements and a second agency from many personnel requirements. The governor would be allowed to decide which agencies would take part in the projects. The first project would allow an agency freedom to do more comparison shopping. According to Orenstein, many items such as office supplies and cleaning supplies often can be purchased from retailers at lower prices than if bought from the state's central store. The second project would allow an agency to cut through much of the red tape involved with hiring and other personnel procedures. However, the agency would not be exempted from affirmative action requirements. A third pilot project would test a "gainsharing" program in the Department of Employee Relations. The program would provide financial rewards for any employee who comes up with an idea that makes significant reductions in costs or improvements in efficiency. Orenstein said the pilot projects should help lawmakers identify where changes can be made. "If they are successful, we could eliminate whole books of rules and regulations and substantially cut down on bureaucracy," he said. Other key provisions of the bill would: -- Eliminate the nine-member Minnesota Racing Commission, the seven-member Gambling Control Board and the seven-member State Lottery Board. The duties of the boards would be transferred to the directors of the agencies they currently serve. -- Abolish the HECB and eliminate potentially about 27 of its employees. The new Higher Education Services Office would absorb some of its duties. The higher education omnibus funding bill already approved by the House also includes a provision to cut the HECB. -- Eliminate the Department of Public Service, which is responsible for protecting the public interest in the areas of energy, telecommunications, and weights and measures. The bill also lays the groundwork for a new agency to house the PUC and to handle some of the duties of the Department of Public Service. (The PUC is a quasi-judicial body that regulates the rates and services of Minnesota telephone, natural gas, and electric utilities.) -- Require state agencies to make improvements in the service provided to citizens. Under the bill, state agencies would have 45 days to act on an application for a license or permit or it would be automatically granted to the applicant. Exceptions would be made in some cases, such as those requiring a public hearing. The bill also aims to reduce the hassle for citizens needing the help of more than one agency. In such cases, a "lead agency" would be required to coordinate services from other agencies instead of sending the citizen from one office to another. -- Establish a process to eliminate many of the hundreds of agency reports required of state agencies. The bill would require standing committees of the Legislature to make recommendations by January 1996 on which reports to eliminate. Cutting state government The House gave final approval to a bill May 17 to trim nearly $10.7 million budgeted to be spent on state government this fiscal year. The vote was 129-0. The bill, sponsored by Rep. Loren Solberg (DFL- Bovey), would return to state coffers unspent funds appropriated to the Legislature and state agencies for the current fiscal year. The idea of cutting 1995 funding for state government was proposed by DFL leaders this session and was included in Gov. Arne Carlson's supplemental budget proposal released in February. (Carlson, by executive order, has already trimmed $10 million from the budgets of executive branch agencies.) Under HF1837, a total of $500,000 would be cut from the combined budgets of the House, Senate and legislative commissions. The Legislative Coordinating Commission would decide where to make the reductions. The cuts in state agency funding would be as large as $2.5 million from the Department of Corrections and as small as $50,000 from the Office of Environmental Assistance. The Department of Human Services would have $2 million taken from its budget and the Department of Natural Resources would lose $800,000, under the bill. The bill Solberg brought to the floor also included a $100,000 reduction in the budget for the governor's office. But that provision was removed in an amendment offered by Solberg, who said the governor opposed the cut. The bill now moves to the Senate. Guaranteed government services The State of Minnesota is bolstering its customer service efforts, under a bill given final approval by the House May 15. The vote was 124-6. Under the bill (HF796/SF538*), any individual or small business applying to a state agency for a license would get a refund, upon request, if they don't receive it within six weeks. The money-back guarantee also would apply to permits, variances, orders, or other documents. It would not apply to drivers' licenses. (A separate proposal, HF797/SF537*, would give refunds for drivers' licenses that take too long to reach Minnesotans.) There are certain exceptions to the six-week deadline, including those documents requiring public hearings or environmental impact statements. A second provision in the bill would require state agencies to help applicants who must travel to multiple agencies to obtain a license. The agency with the most significant license requirement for the particular license would be the designated "customer service coordinator." An employee of the lead agency, upon request, would have to draft a contract for the applicant. It would specify each department or agency the applicant would need to contact, and provide the names of state staffers who would serve the customer in each agency. A timetable for the completion of the process also would be included. The contract between the state and the applicant would then be signed, starting the clock moving on the six-week refund period. Rep. Phil Carruthers (DFL-Brooklyn Center) said his bill is intended to help citizens who need to apply to state agencies for licenses and who may become overwhelmed with paperwork and with waiting for the license to be granted. In addition to the money-back guarantee, if action on the license or permit is not taken by all necessary agencies within 45 days after the applicant signs the contract, the license or permit automatically would be granted.The bill makes limited exceptions in cases where it would be impossible to meet the 45-day deadline. The bill now moves to conference committee. Driver's license refund A bill that would give Minnesotans a refund on their $18.50 fee for a new or renewed driver's license if they wait more than six weeks for it, is on its way to the governor. The House passed the bill (HF797/SF537*) May 15 on a vote of 135-2. The Senate passed it May 16, 57-5. The bill is a response to the 1994 driver's license debacle at the Driver and Vehicle Services Division of the Department of Public Safety, which issues driver's licenses. (See March 10, 1995, Session Weekly, page 9) Many consumers waited months to receive their new driver's license -- equipped with a new design and tamperproof security feature -- in the mail. Katherine Burke Moore, who heads the Driver and Vehicle Services Division, has said the problem arose after the department found a new vendor to create the licenses. That company, Deluxe Corp. of Shoreview, Minn., did not have enough time to work the considerable kinks out of its system before it began distributing new licenses, she said. The bill's refund provision also applies to driver's instruction permits -- which Minnesotans use as special licenses while learning to drive -- and identification cards, which do not function as driver's license but serve as official identification cards because they display the holder's photograph. The bill, sponsored by Rep. Phil Carruthers (DFL- Brooklyn Center), makes an exception for receiving the refund if the delay was due to a work stoppage, a requirement of a federal law, or a court order imposed after July 1, 1995. The bill would take effect July 1, 1995, and would not be retroactive. So, people who waited months to receive new licenses in the past could not receive a refund. The bill also includes a provision asking the Legislative Audit Commission to evaluate the new driver's license program and look for what caused the delays in issuing licenses. The provision is not meant to lay blame on the Department of Public Safety, merely to evaluate what happened to cause the delays and ensure that it does not happen again, Carruthers has said. State employee suggestions A bill that would have included a note with the paycheck of each state employee requesting suggestions on how to improve state government was vetoed by the governor. Under the bill, any suggestions would have been forwarded to the House Ways and Means Committee and the Senate Governmental Operations and Veterans Committee. House sponsor Rep. Linda Wejcman (DFL-Mpls) has said the suggestion program would have been an easy way to identify greater efficiencies in government. "Let's ask employees, 'What do we ask you to do that really doesn't matter?'" The governor disagreed. "This picayune bill is entirely unnecessary," Gov. Arne Carlson said. "Bills of this nature, mandating the exact steps as to how an employee makes a suggestion on how to improve service, are senseless. "It has been a policy of my administration to actively solicit employee input and involve them in the operation of their agencies. However, this legislation would require that suggestions go directly to legislative oversight committees, not the people responsible for responding and acting upon the suggestion in a timely fashion." Sen. Ellen Anderson (DFL-St. Paul) sponsored the bill in the Senate. HF1524/SF1402*/CH160 HEALTH Breast cancer treatment A bill to require insurance companies to pay for bone marrow transplants for Minnesota residents with breast cancer was signed by the governor May 18. Some breast cancer patients whose doctors tell them their best chance of survival is a high-dose chemotherapy treatment accompanied by a bone marrow transplant have had to battle insurance companies that refuse to pay for the procedure. Most often the battle lands in the courts. The bill sponsored by Rep. Dee Long (DFL-Mpls) wouldn't give insurance companies the option. They'd have to pay. (See April 7, 1995, Session Weekly, page 10, April 21, 1995, Session Weekly, page 15, and May 5, 1995, Session Weekly, page 8) The House passed the bill May 12, 117-9. The Senate passed the bill May 10, 60-0. Sen. Pat Piper (DFL-Austin) carried the bill in the Senate. The measure also would prohibit insurance companies from charging co-payments and deductibles greater than those that apply to other portions of the policy. Long said that in Minnesota, too many insurance companies are making medical decisions by refusing to pay for the treatment. The decision, she said, should be in the hands of the woman and her physician. Lawmakers have heard debate from several doctors, many of whom agree the treatment should be covered by insurance. But some say only patients in a clinical study should be covered. Patients, however, don't want to take the chance they'll be part of the group that doesn't receive the treatment. In a clinical study there is a 50 percent chance you'll be a part of the study that receives the treatment but an equal chance you'll be a part of a "control" group that doesn't receive the treatment. Mike Hatch, former head of the Department of Commerce, and now an attorney who has represented women whose insurance companies refused to pay for the procedure, has said costs can run about $65,000 compared to traditional chemotherapy, administered in low doses over several months, which costs about $45,000. He said he has represented many women in recent years and cited court decisions that have required insurance companies to pay for the procedure. Courts have found the procedure can be effective. HF1742*/SF1590/CH183 Vulnerable adults protected Employees of hospitals, nursing homes, and home care services would have to undergo criminal background checks, under a bill given final approval by the House May 16. The vote was 128- 1. The bill (HF598/SF512*), sponsored by Rep. Lee Greenfield (DFL-Mpls), would strengthen the 15- year-old law which protects adults vulnerable to abuse because they suffer from a physical or mental disability or are dependent on caregivers. The bill would increase -- to a gross misdemeanor from a misdemeanor -- the criminal penalty for assaulting a vulnerable adult. But Greenfield's effort to increase criminal penalties for doctors and other health care workers convicted of willfully neglecting a vulnerable adult was deleted from the bill through a successful amendment offered by Rep. Tim Pawlenty (IR- Eagan). Currently, such a conviction -- which can be made for intentionally withholding food or water or in other ways not providing vulnerable patients with necessary care -- is prosecuted as a gross misdemeanor, which can draw a prison term of up to one year in jail and up to a $3,000 fine. Greenfield's bill called for such willful neglect to be a felony, punishable by up to 10 years in prison and a $20,000 fine. But Pawlenty successfully argued for keeping current law. Under Greenfield's proposal, Pawlenty said, "Doctors could act without an intent to harm and still be guilty of a felony." A doctor might, for example, decide not to move a patient from a nursing home to a hospital, figuring the move would cause health trauma. But if the patient dies in the nursing home, the doctor could be accused of willful neglect, Pawlenty said. "If you hover a 10-year penalty above the heads of doctors, medical costs will go way up," he added. But Greenfield said an increased penalty would "help vulnerable adults enjoy the dignity the rest of us take for granted." The bill also would streamline the current mandated reporting system. Under current law, health care workers and other professionals who suspect a vulnerable adult is being abused are legally required to report the suspected abuse to the state. The bill would create a single point at the county level for those people to make reports. Currently, the reports are made to, and investigated by, more than one agency, causing confusion and needless duplication, Greenfield has said. The House also deleted a provision in Greenfield's bill which would have specified that sexual contact between a vulnerable adult and his or her domestic partner does not constitute sexual abuse. The bill already says such sexual contact between married people is not sexual abuse. Rep. Arlon Lindner (IR-Corcoran) -- who sponsored the amendment deleting the domestic partner provision -- said such language would "sanction sexual relationships outside marriage whether it was for homosexuals or other individuals." But Rep. Wes Skoglund (DFL-Mpls) said many elderly people live together and don't marry to avoid paying higher taxes or losing Social Security benefits. The state should not get involved in legislating sexual contact for those people, he said. The bill is now before a House-Senate conference committee. HIGHER EDUCATION Higher ed funding For the first time, a small portion of the state appropriation to Minnesota's higher education institutions would be granted only if those schools meet specific goals spelled out by the Legislature. The measure comes as part of a $2.14 billion higher education spending package agreed to by a House-Senate conference committee and approved May 17 by the House. The vote was 128-2. The Senate approved the compromise May 18, 67-0, so the bill now heads to the governor, who has said he intends to sign it into law. It marks the first time the granting of state money is tied to the performance of the institution or agency receiving the money. (HF1856*/SF1234) Of that $2.14 billion appropriation, a total of $10 million -- or about one-half of 1 percent of the total -- is tied to the making of improvements at the University of Minnesota and the Minnesota State Colleges and Universities (MnSCU) system. Of the proposed $969 million in state money intended for the University of Minnesota, $5 million would be tied to the university making increases in the following five areas: -- The percentage of freshmen who ranked in the top 25 percent of their high school class. -- The rate of retention of entering freshmen. -- The number of minority freshmen and the number of women and minority faculty. -- The five-year graduation rate measured between August 1994 and August 1996. -- The number of credits issued through televised classes between fiscal year 1995 and fiscal year 1996. Each time the school would meet one of those goals, it would receive $1 million in state money. Money for the Minnesota State Colleges and Universities (MnSCU) system -- which will represent all Minnesota higher education institutions except for University of Minnesota schools -- also would be tied to performance. Specifically, $5 million of the MnSCU's $937 million appropriation. The system would receive $1 million of the $5 million each time it made increases in the following areas: -- The portion of the budget devoted to instruction. -- The number of courses offered on television. -- Student retention rate by 2 percent each year. -- The graduate rate by 2 percent each year. -- The number of students who complete two-year degrees and transfer to four-year programs. The idea behind tying state aid to specific "performance measures" originally came from Rep. Steve Kelley (DFL-Hopkins), who included such a provision in the original House bill, though it pertained only to the University of Minnesota. His language called for University of Minnesota schools to meet goals administrators already had set for those institutions, such as increasing minority enrollment. Under Kelley's plan, $1.25 million of the $5 million appropriation would have been released each time the schools met a goal. "But this goes beyond what we originally intended," Rep. Tony Kinkel (DFL-Park Rapids) said of the conference committee bill. Other government operations could, in the future, tie the release of state funds to the meeting of set goals in much the same way, he suggested. Kinkel served on the conference committee and chaired the House Higher Education Finance Division where the House bill originated. The House-Senate bill calls for the planned merger of the state's university, technical college and community colleges in July. Those schools will combine to form the MnSCU system. House language, adopted April 25 during floor debate on the original House bill, would have called off the merger. The House voted in 1991 to place those three systems under the administrative control of one board in 1995. The House then voted in 1992 and 1993 to stop the merger. But this year's conference committee again took out the House provision calling off the merger. The bill now includes a number of technical and administrative provisions necessary to enact merger legislation. In terms of financing, the House-Senate bill would allocate $937 million to the Minnesota State Colleges and Universities -- the merged system -- over the next two years, and $969 million to the University of Minnesota. The House bill originally called for the merged system to receive $935.6 million over the next biennium and the University of Minnesota to receive $970.6 million. Kinkel said the funding is "woefully short" but the best the state can do in an extremely tight budgeting year. The governor had originally called for a higher education spending bill which would not increase tuition at state schools by more than 3 percent each year of the biennium. But Kinkel said he expects tuition to increase by more than that amount simply because the bill does not provide the full funding amount needed by state colleges and universities. University of Minnesota officials, for example, have said they may need to raise tuition by 7.5 percent each year during the next two years. Under the bill, the Mayo Medical School would get $1.8 million over the two-year spending cycle. Of that amount, $120,000 is intended to help fund a program to train medical residents at the St. Cloud Hospital. Doctors at the hospital had originally asked for a $120,000 state appropriation in 1997 with a stepped-up appropriation in following bienniums. But the conference committee bill stipulates money for the program is one-time only. The hospital will have to ask for renewed funding in upcoming years. Also, the Higher Education Services Office -- a newly created office -- would receive $236 million for the two-year state spending cycle to administer financial aid to Minnesota residents attending public higher education institutions. The agency would replace the Higher Education Coordinating Board, which would be abolished by the proposal. The bill also includes the following key provisions: Semester system Classes at Minnesota's state universities, community colleges, and technical colleges would last one semester rather than one quarter of the academic year. Those universities and colleges would have until fall 1998 to begin a semester school year. (See March 24, 1995, Session Weekly, page 13) Kinkel has said the move would save money because students would have to register only twice during the academic year instead of three times, and financial aid would be distributed only twice. Also, 80 percent of colleges and universities nationwide use a semester school year, he said. Also under this section of the bill, schools in the soon-to-be-combined state university, technical, and community college system would begin classes on the same fall date. If all system classes start at the same time, students could more easily transfer between schools, Kinkel said. The University of Minnesota would be exempted from this provision because the Legislature has no authority to mandate changes at that school. This portion of the bill was originally included in HF899, which Kinkel sponsored. Financial aid limited The bill also calls for the state to stop subsidizing tuition costs after a student has earned 48 more credits than are needed for a degree in his or her major. This would apply to students at any public college or university in Minnesota. 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 would mean an otherwise $280 four- credit course at the U of M would cost about $467. Also, the state university campus in Akita, Japan, would have two years to bring state funding of its Minnesota students in line with state funding of students on Minnesota public campuses. Currently, the state pays about $17,000 to subsidize the education of each Minnesota student in Akita. For students studying in Minnesota, the subsidy amount is about $3,500. This portion of the bill was originally included in HF899, which Kinkel sponsored. HOUSING Affordable housing A bill to help clean up polluted land in the Twin Cities metropolitan area to make room for new development, create more affordable housing, and offer tax breaks for people who move into blighted neighborhoods, won final approval from the House May 16. The vote was 95-37. The bill (HF1156/SF1019*) now sits in a conference committee while a select group of House and Senate members work out a compromise. (See March 31, 1995, Session Weekly, page 12 and May 5, 1995, Session Weekly, page 10) The House version contains several programs for the seven-county metropolitan area paid for by several different funding sources. An advisory board to the Metropolitan Council would be created to establish criteria for distributing money among cities. An amendment to eliminate the advisory board was defeated. The bill, sponsored in the House by Rep. Dee Long (DFL-Mpls), includes three major programs. Local housing First, the Local Housing Incentives Account program would require a portion of the property taxes on high-value homes in metropolitan communities be used to build more affordable housing and housing for targeted groups -- such as young families, singles, and the elderly. Under the program, each seven-county metro area city would voluntarily negotiate affordable housing goals with the Metropolitan Council. A city would keep the tax money generated from certain high-value homes if the city works toward its negotiated housing goals. But a city could lose some of its property tax dollars to a regional pool if it refused to work toward the housing goals it negotiated. Besides those dollars, the program is paid for with a $1 million appropriation from solid waste bond proceeds. And, beginning in 1998, $1 million per year of the Metropolitan Council's general property tax levy, would help fund the program. Under a successful amendment added by Long, a city could choose not to participate in the housing program, but then the city would be disqualified from applying for state grants to help clean up contaminated sites. If the city wants to apply for the grants, it must show it has spent money on affordable housing as if it had been a participant in the program. Or, it must spend the money (cumulative for all the years it did not participate) on those housing programs. The city could also agree to deposit its share into the regional pool for affordable housing. The Metropolitan Council would have the option to waive a portion of the cumulative amount owned. 'Livable communities' A second program under the bill would fund "livable communities" demonstration projects. The Metropolitan Council would provide grants and loans to cities for projects that relate development with transit needs in a community; relate affordable housing and employment growth; intensify land use, leading to more compact development; include development of mixed- income housing; or encourage the development of infrastructure to connect urban and suburban communities to attract new redevelopment. To pay for the grants and loans, the bill authorizes the Metropolitan Council to levy a tax equal to 25 percent of the current Metropolitan Mosquito Control District's levy and provides an annual Homestead and Agricultural Credit Aid (HACA) payment equal to 25 percent of what the mosquito control district receives. In all, that should amount to about $2.3 million a year for the grants and loans. To balance the books, the bill lowers the mosquito control district's taxing authority by 25 percent and cuts their HACA payment by 25 percent. At the start of the floor debate, the bill set aside 50 percent of the mosquito control district's levy limit and 50 percent of its HACA payment to pay for the grants and loans. A successful amendment by Rep. Tim Pawlenty (IR-Eagan) changed those figures to 25 percent, leaving the mosquito control district with more money. Contaminated land clean-up And finally, the bill would help clean up polluted lands in the metropolitan area. This program would help revitalize the tax base in urban areas by providing more land for commercial and industrial development. A successful amendment by Pawlenty eliminated money that would have come from funds the Metropolitan Council sets aside to help local governments purchase rights-of-way necessary when building roads. Dollars for the cleanup program would come from a pool of money (the fiscal disparities fund) made up of a portion of each metropolitan city's commercial-industrial tax base. Specifically, the bill would tap into a portion of the pool that dates back to the construction of the Mall of America. When the Mall of America was built, the city of Bloomington sold bonds to pay for a series of highway improvements around the mall. For now, the fiscal disparities fund foots the bill for interest on the bonds. The pool is to stop paying off the interest in 1999. The city of Bloomington must then repay the pool for the interest on those bonds, beginning in the year 2000. Under Long's bill, Bloomington is still responsible for paying its debt. Money from the fiscal disparities pool, however, would continue to be tapped, this time set aside in a new account to finance the cleanup of polluted land. It is estimated that until 1999, while the pool pays off the remaining interest on the highway bonds, it would chip in about $2 million a year to the new account. After 1999, it would pay about $5 million a year. The bill, as it went to the House floor May 16, would have altered Bloomington's $50 million in interest repayments. It would have extended the period of time for Bloomington to repay the interest from 10 years to 15, and started the repayments six years later. When looking at the repayments in terms of present value the repayments would decline from $23 million to $14 million. A successful amendment by Rep. Charlie Weaver (IR-Anoka) requires Bloomington to live up to its original deal. The city would have 10 years to repay the interest beginning in the year 2000. The bill also includes a provision originally found in a housing and economic development bill (HF1627) sponsored by Rep. H. Todd Van Dellen (IR-Plymouth). It would create an urban homestead exemption program that would provide tax breaks to people who move into homes in blighted metro neighborhoods. The Metropolitan Council would designate one or more urban revitalization and stabilization zones by Sept. 1, 1995. Anyone buying and occupying a home within such an area would receive an income tax break for up to five years, provided they do not move out of the home, sell the house, fail to comply with building codes, or get convicted of a gross misdemeanor or a felony. The maximum exemptions would equal $15,000 for a married couple filing jointly, $10,000 for singles, and $12,500 for unmarried people qualifying as heads of households. Joint utility bills Landlords who own multi-unit apartment buildings and measure tenants' utility use with a single meter would be required to pay the utility bills, under a measure on its way to the governor's desk. Beginning with leases signed after Aug. 1, 1995, landlords would either have to install separate utility meters for each apartment or become the utility company's customer of record, pay the bill, divide it up among the tenants, and figure it into the rent. The House May 12 adopted a compromise version of the House and Senate bills (HF323), 124- 5. The Senate voted May 15 to adopt the compromise on a 61-3 vote. In some buildings with only one meter, tenants are now required to pay the electric and other utility bills for all tenants. Later, they must seek out the other tenants to get them to pay their share. Some tenants also are now being charged to light and heat the common areas of a building, such as lights in the hallways and parking lots. The problem, bill sponsor Rep. Andy Dawkins (DFL-St. Paul) has said, is that the tenant who pays the utility bill has no recourse if the other tenants refuse to pay their share. The utility company will seek reimbursement from the individual whose name appears on the bill. A landlord, on the other hand, can pay the bill and then figure it into each tenant's rent. (See Feb. 24, 1995, Session Weekly, page 9, and March 17, 1995, Session Weekly, page 13) HUMAN SERVICES Health, human services funding A $5.1 billion bill that spends money on child care, sets limits on in-home personal care services for the disabled, and requires some individuals to obtain a foster care license to care for a child to whom they are related, is on its way to the governor. The House and Senate both approved the bill May 17. It is the result of a conference committee made up of lawmakers working out the differences between the House and Senate versions. The House passed the compromise 98-31. The Senate passed it 56-11. The Omnibus Health and Human Services bill (HF1588/SF1110*) for 1996-1997 would spend about $58 million less than Gov. Arne Carlson recommended and roughly $650 million more than in the 1994-1995 two-year budgeting period. (See April 28, 1995, Session Weekly, page 15 and May 5, 1995, Session Weekly, page 11) The bill appropriates money for programs in the Department of Human Services, the Department of Health, and several other smaller agencies. The bill sets aside $16.2 million to subsidize child care costs for low- and moderate-income families, thus removing a barrier to their returning to work. It also sets aside more than $3.4 billion for the state's medical plans such as Medical Assistance, $290.3 million for Aid to Families with Dependent Children grants, $90.7 million for General Assistance grants, and more than $175 million in other public assistance and work and training grants. The bill, sponsored by Rep. Lee Greenfield (DFL- Mpls) and Sen. Don Samuelson (DFL-Brainerd), 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 of whom came in wheelchairs, with guide dogs, or with a ventilator -- lawmakers backed down from some of the cuts. If the two programs had been left alone, they would have received $116.6 million (combined) during the 1996-1997 budget period. The omnibus bill cuts the two by $10.3 million altogether. Although the governor's supplemental budget recommendations showed cuts of about $11.5 million for the two programs, Carlson was anticipating federal waivers to transfer people into other programs. Those waivers were never guaranteed. The omnibus bill does tighten some eligibility requirements and limits some services for personal care attendants and the TEFRA program. The bill 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. 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 their care. Under the bill, parents with an adjusted gross income of $30,000 or more would have to pay a $25 minimum fee or a greater 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 that he or she is 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 measure does include a federal waiver request to exempt grandparents from the foster care license requirement. 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, 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 child care providers at licensed child care facilities -- 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. Laura Baker School The Department of Human Services would be required to inspect and certify the expansion of a Northfield, Minn., health care facility 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 both have lengthy waiting lists for services. 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 staff member would offer to visit, answer parenting questions, provide information on breast-feeding and other infant health issues, and make referrals to 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 provide services under the Children's Mental Health Act to an individual who is no longer a minor. The bill allows services to individuals between the ages of 18 and 21. 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. The language matches the age range of persons served through the social service system with that used in the education system, because special education may be provided to persons up to age 21. 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 $1.2 million. Safe houses would provide emergency housing for homeless youth ages 13 to 22. Transitional housing would provide housing for homeless youth ages 16 to 22 who are preparing to live independently on their own. The bill says 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 Families with Dependent Children -- more easily find child care. 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 lengthy 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 waiting lists. 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. 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 people are defined, in part, as being "independent in orientation and self- preservation." Instead of nursing home care, they would have the option of receiving personal care services and home health aide services; residing in group residential housing; or receiving a service 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 Gone from the bill is a $300,000 proposal for a statewide osteoporosis prevention and treatment program. Instead, the bill requires the Department of Health to report on the need for an osteoporosis prevention and treatment program and authorizes the department to apply for grants and gifts to establish a program. Osteoporosis is characterized by a decrease in bone mass leading to fragile bones that can fracture easily. 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. Child support changes The bill creates an employee remedy against an employer who engages in reprisals because the employee has child support withheld from his or her check. It allows the employee to recover twice the amount of any lost wages and would impose a $500 fine on those employers who violate the ban. The bill also imposes a maximum $250 fine on an employer found guilty of contempt for not withholding child support ordered by the court. Welfare reform A welfare reform bill that requires some new Minnesota welfare recipients to take part in a tough new jobs program and mandates that teen-aged moms on welfare live at home, was signed into law May 18. But the governor line-item vetoed a food stamp outreach program and a cash assistance program for single adults totaling nearly $6.6 million. (See related story below) The new law authorizes $22.4 million in spending during the 1996-1997 biennium for a variety of programs. But despite that price tag, supporters of the welfare reform measure say it will actually save millions over the next two years -- primarily through cuts in some public assistance benefits such as AFDC. The law appropriates $1.7 million for AFDC grants, $500,000 for welfare fraud prevention efforts, and beginning July 1, 1996, it spends more than $1 million for an intensive six-month language program for some non-English speaking welfare recipients who participate in work training programs. A major provision in the new law appropriates more than $1 million to help some counties design their own employment program for first-time public assistance recipients or participate in a Work First pilot program. The Work First program includes tough penalties, such as losing benefits, if participants don't stick to a contract to search for a job and accept work. The new law does not specify which counties could operate the program. Under Work First, participants will not receive a check, but see their AFDC or other public assistance grant money first go toward vendor payments for rent and utilities for up to six months. They also will receive food stamps, medical assistance, child care assistance, and a job search allowance. The new law also will require most teen-aged moms, beginning Oct. 1, 1995, to live at home or with a supervising adult except in special circumstances, such as in a case where there has been abuse at home. A waiver of federal rules would be required before this could be implemented. The law also seeks exemptions from federal rules that some argue discourage welfare recipients from finding work. One waiver would allow welfare recipients to spend more for an automobile, giving them more reliable transportation to and from work. The new law asks that the limit be raised to $4,500 -- up from the current $1,500 limit. Another would allow individuals receiving AFDC to work more than 99 hours per month and remain eligible for public assistance. In addition, the new law: -- prohibits Medical Assistance from paying for fertility drugs; -- prohibits General Assistance Medical Care from paying for sex-change operations; -- requires the Department of Human Services to develop a grant pilot program to enable AFDC caretakers to become child care workers; and -- expands the Minnesota Family Investment Plan (MFIP) welfare program to Ramsey County at a cost of $6.6 million in grants. The program is currently a five-year pilot project in seven counties. It allows families to accept lower paying jobs while receiving some public assistance. This helps them gain work experience. The bill would further tighten the MFIP program and specifies that participants must seek and accept full-time employment (30 or more hours per week). After three months of searching for a job, participants would be required to take any suitable job. Those who quit, lose their job, or fail to meet with their case manager, would be subject to sanctions. The measure was sponsored by Rep. Bob Anderson (DFL-Ottertail) and Sen. Don Samuelson (DFL-Brainerd). (See Jan. 13, 1995, Session Weekly, page 6; Jan. 20, 1995, Session Weekly, pages 6-7; Feb. 3, 1995, Session Weekly, page 10; and Feb. 17, 1995, Session Weekly, pages 8-9; Feb. 24, 1995, Session Weekly, page 9; and May 12, 1995, Session Weekly, page 7) HF5*/SF1/CH178 Welfare line-item vetoed Although Gov. Arne Carlson signed most of the 1995 welfare reform bill May 18, he line-item vetoed a food stamp outreach program and a cash assistance program for single adults totaling nearly $6.6 million. The governor cut a $6.42 million component of the bill that would have replaced the state's Work Readiness program for single, able-bodied adults with a one-month per year payment to individuals of $203. The replacement program, which Carlson called an "ineffective use of taxpayer dollars," was to have been called the Temporary County Assistance Program. (Art. 6, Sec. 16, Subd. 2) The new law does repeal Work Readiness, which offered cash assistance and job services to employable people who qualify for General Assistance. Carlson, an opponent of Work Readiness, wrote in his veto message: "This new program seems to be a revamped version of the Work Readiness program which I eliminated in my budget recommendations to the Legislature. As I have stated consistently since the beginning of the 1995 Legislative Session, we must eliminate welfare for able bodied adults without children. We cannot afford to carry those who should carry their own weight." The governor also vetoed a $150,000 appropriation for a food stamp outreach program that would have informed people about filing for food stamps. (Art. 2, Sec. 48, Subd. 2) "Outreach programs of this type have been implemented with very little additional effect in the past, and I do not feel that it is appropriate to use taxpayer dollars with the sole intent of expanding enrollment in welfare entitlement programs," said Carlson in his veto message. Overall, the new welfare reform law requires some new Minnesota welfare recipients to take part in a tough new jobs program and mandates that some teen-aged moms on welfare live at home beginning Oct. 1, 1995. (See related story page 18) (See also Jan. 13, 1995, Session Weekly, page 6; Jan. 20, 1995, Session Weekly, pages 6-7; Feb. 3, 1995, Session Weekly, page 10; and Feb. 17, 1995, Session Weekly, pages 8-9; Feb. 24, 1995, Session Weekly, page 9; and May 12, 1995, Session Weekly, page 7) HF5*/SF1/CH178 LAW Common sense paternity A man who had been ordered to continue paying child support -- even though he was clearly not the biological father -- would get an opportunity to legally clear up his paternity case, under a bill given final approval by the House May 17. The vote was 129-0. Under current law, a man has three years after legally naming himself the child's father to challenge that determination of paternity. But a recent court case spotlighted that Minnesota law. On March 7, the Minnesota Court of Appeals ruled a Ramsey County man must continue paying child support for a 5-year-old child, even though blood tests prove he is not the father. The ruling came because the man signed a declaration of paternity in August 1989, began paying child support, but didn't challenge the paternity finding until after the three-year limit had expired. He took a blood test in January 1993 because the child's mother told him he was not the father, and the test proved her right. Nevertheless, the court ruled the man is still liable for child support because he did not take the blood test in time. HF1105, sponsored by Rep. Robert Leighton (DFL-Austin), would eliminate that three-year window and replace it with a new standard. Under Leighton's bill, a man would have six months from the time he obtains blood or genetic testing results that indicate he is not the father to challenge the paternity finding. Currently, the three-year limitation begins when a man signs a declaration of paternity. The measure also would create a window to give people who wish to challenge an existing paternity finding -- but were prevented from doing so by the three-year limitation -- until February 1996 to do so. Also, a woman's husband would not automatically be legally presumed her child's father under the bill. Current parentage recognition law says only an unmarried woman can sign a recognition legally citing a man as her child's father. A married woman's husband is legally presumed the father of her child. HF1105 says a married woman could sign the recognition if the woman's husband also signs, agreeing another man is the father. That man must also sign the legal statement, saying he is the biological father of the child. Leighton said the provision would come into play if the woman is separated from her husband. The law would presume her husband is the father and must pay child support, although the couple may have been long separated. "There's no way now for parties to recognize paternity in this manner," Leighton said. Now, even if the child is born 280 days after a legal separation, divorce, or death of the husband, the husband is still legally considered the father. The bill, passed by the Senate May 18 on a 52-3 vote, now moves to the governor for consideration. Tracing phone calls A bill to ensure the safety of anyone calling 911 from a business that routes its phone calls to several locations won final passage from the House May 18. The vote was 77-50. Currently, when most callers make an emergency 911 call, their address is displayed on the dispatcher's computer screen. But some large businesses (or other buildings such as dormitories) use a "private branch exchange," through which all outgoing and incoming phone calls are routed. So when callers from such a business make emergency phone calls, only the location of the central exchange appears on the dispatcher's computer screen. In some cases, the company's "phone center" may be miles away from the emergency being reported. For example, a Norwest Bank employee once called police to report a robbery in progress at a branch location. The responding officers arrived not at the bank where the robbery was occurring, but at the downtown Norwest computer center where the company's telephone center is located, said bill sponsor Rep. Mike Delmont (DFL-Lexington). Also, calls from 80 individual Minneapolis School District schools and district sites all switch through the central district office location, so any emergency call made from one of the 80 sites would appear to have come from that central office, said Delmont. The school district and the bank are now correcting the problem, as are the University of Minnesota and "other schools and administrative bodies," said Delmont. His bill (HF1290/SF734*) would ensure that businesses and buildings with private switch telephone service include "station number identification," which means dispatchers could identify the location of each call that is placed. The average cost to a business or unit of government to include the technology is estimated to be a $15,000 one-time cost, Delmont said. "Any company with a private branch exchange has a substantial investment in a phone system and so we figure this is a small price for them to pay," he said. School districts would have until Jan. 1, 1998, to make the change because many don't have adequate funds, Delmont said. Also, hospitals and nursing homes are exempted from the bill. The Department of Administration would have until Dec. 31, 1996, to adopt standards that businesses with private branch exchanges would have to meet, under the bill. The bill now moves to the governor for consideration. METRO AFFAIRS Public safety radio system All Metropolitan-area public safety personnel, along with private ambulance services, eventually could be linked by a $30 million digital radio communications system, under a bill on its way to the governor. The bill (HF597/SF467*), sponsored by Rep. Steve Kelley (DFL-Hopkins), would create a metropolitan radio board under the Metropolitan Council. The board would apply to the Federal Communications Commission (FCC) to use 100 radio channels in the 800 megahertz range, Kelley said. The channels would then be connected, so that police, ambulance, and fire personnel could talk simultaneously across a number of channels. The House passed the bill May 15. The vote was 105-27. The Senate passed it May 16, 63-1. Currently, individual police departments, for example, communicate on separate radio bands, which sometimes creates problems when different departments need to talk with one another. Such a problem occurred last summer during a massive search -- involving several law enforcement departments -- for the man who fatally shot two St. Paul police officers. Kelley told lawmakers that action must be taken now to reserve the block of channels in the 800 megaherz band, or the FCC will allocate the channels to others. He said costs for building the "backbone" of the radio network -- radio towers and computer system necessary to link the public safety communications systems of local governments -- will go up in the future. The cities of Minneapolis and St. Paul, and Hennepin and Ramsey counties could save $21 million by building a shared regional radio system, rather than each building their own separate system, Kelley said. The bill would allow the Metropolitan Council to issue up to $10 million in bonds. These dollars would pay for building the first phase of the communications system. Should the radio board vote to do so, the dollars could also pay to upgrade region-wide emergency medical communications systems as well. The bonds would be repaid with dollars generated by up to a four-cent increase in the monthly 911-emergency surcharge that each Minnesota telephone customer now pays. The 911 surcharge is now 14 cents, according to Jim Beutelspacher of the Department of Administration Intertechnologies Group. He said the department would have to approve any surcharge increase. (Current law allows the surcharge to go as high as 30 cents.) Kelley said that another $5 million for building the radio system would come from two agencies run by the Metropolitan Council -- the Metropolitan Airports Commission (MAC) and the Metropolitan Council Transit Operation (MCTO). Both agencies have police forces that would use the new radio system. The MAC's $2 million contribution would come from airport user fees, while the $3 million from the MCTO would be paid by property taxes levied by the Metropolitan Council. The Minnesota Department of Transportation will request the 1996 Legislature to issue $15 million in state bonds to build the radio towers and computer system necessary to link the public safety communications systems of local governments. Each local government could then determine whether they would use the new radio channels or rely on their current method of radio communication. A $194,000 appropriation in the bill would pay for the FCC application process to obtain the 100 radio channels needed in the system. SPORTS Jets hockey franchise? A bill to provide state aid to help move the Winnipeg Jets National Hockey League franchise to Minnesota was heard May 15 at a joint meeting of the House Local Government and Metropolitan Affairs and the Ways and Means committees. But because time is running out in the 1995 Legislative Session and, as of May 18, the city of Winnipeg and the Canadian province of Manitoba had voted to spend a total of $74 million to build a new arena for the Jets, the prospects for an infusion of cash from the state of Minnesota remains in limbo. With time running out in the 1995 Legislative Session, the bill (HF1917) sponsored by Rep. Bob Milbert (DFL-South St. Paul) must be acted upon soon to help broker a deal. The proposal would authorize the Metropolitan Sports Facilities Commission to negotiate a deal with Richard Burke, a Medina, Minn., investor and former health care executive, or any buyer, who wishes to buy the hockey team and bring it to the Target Center. The bill would allow the commission to sign a deal even after the Legislature adjourns. The deadline for adjournment is midnight May 22. The bill also authorizes the Metropolitan Council to issue bonds (the amount of which the bill does not specify) to the Metropolitan Sports Facilities Commission to attract an NHL team with a long- term commitment to play at the Target Center in downtown Minneapolis. The amount in bonds, however, would be limited to the amount that could be paid off with an annual state appropriation equal to the new state income taxes generated by the team (roughly estimated at $1.8 million per year). Part of this money would go to pay for youth ice arenas in Minnesota. Under the bill, the state would appropriate the money annually from the general fund to the Metropolitan Council to help pay off the bonds. No vote was taken on the proposal May 15 and no further meetings have been scheduled. Lawmakers appear divided on the bill. Some think an NHL team is needed in Minnesota. Some don't want any public funds used for the team purchase. And still others don't like that the bill is coming up so late in the session, leaving lawmakers with little time to debate the ramifications of the legislation. Gov. Arne Carlson has stated he is not willing to have the state spend more than $15 million to help purchase the team. The bill also authorizes the Metropolitan Council to impose an unspecified admissions tax or surcharge, or both, on hockey tickets and NHL- sponsored events. Those dollars also would help pay off any bonds. Furthermore, the bill requires that before bonds are sold, there must be a guarantee from the NHL team that they will play their home games in the Target Center for the term of the bonds. As of yet, the bill does not specify the term of the bonds. TAXES Metro tax shift The fate of Rep. Myron Orfield's controversial metropolitan area tax-sharing proposal is in the hands of Gov. Arne Carlson. HF431*/SF277 has passed the Legislature and now awaits either the governor's signature or his veto. Most likely the latter, according to the bill's opponents. "The governor will veto this bill," said Rep. Todd Van Dellen (IR-Plymouth). "He has made it clear and unequivocal." House members May 16 accepted Senate changes and passed the bill on a 70-62 vote. After first defeating the bill, the Senate passed it May 10, 36-30. The bill would shift a portion of the tax dollars from some wealthy suburbs to less fortunate inner- ring suburbs and the core cities of Minneapolis and St. Paul. It would create a pool of funds for metropolitan redistribution drawn from the growth in property tax revenue generated on the value of homes greater than $200,000. A Senate amendment on the bill prohibits cities that exclude most commercial/industrial development -- for reasons other than preserving farms -- from receiving money from the pool. Orfield (DFL-Mpls) aims to achieve greater equity in basic public services provided in metropolitan area communities, ease competition for tax base, and make land-use planning more possible. He said about $12 million would be redistributed under the bill, which he describes as an extension of the 1971 fiscal disparities law. That law pools about $270 million annually in commercial/industrial property taxes to be shared by communities in the seven-county metro area. Cities receiving funds from the redistribution program in its first year would have to use half the money for tax relief rather than on increased spending. Many northern metro suburbs would be the biggest beneficiaries of the bill. The bill promises to reduce property taxes in 85 percent of the metro area, but taxes would likely increase in the remaining 15 percent of the region. This is the third consecutive year Orfield has pushed legislation to give wealthier suburbs a greater role in sharing the social burden faced by central cities and aging suburbs. His bills in each of the previous two years focused on housing in the metro area. Both were vetoed by Carlson. TRANSPORTATION Transportation funding A $2.5 billion omnibus transportation bill providing funding for the state's roads, bridges, and aviation projects won final House approval May 17. The vote was 86-45. The spending closely mirrors the governor's recommendations for transportation funding. Voted down on April 27 after lengthy debate of nearly 30 amendments, the bill (HF1793/SF1536*) was resurrected on a procedural move and passed. Most of the money in the bill -- about $2.2 billion -- would go to the Minnesota Department of Transportation (MnDOT). The bill also would appropriate $84.4 million to the Metropolitan Council for the next two-year spending cycle. The council is responsible for coordinating the metropolitan area public transportation system. Of that money, $30.6 million would go to Metro Mobility, which provides rides to approximately 24,000 people with disabilities around the metropolitan area -- a $1.3 million increase (4.2 percent) over funding for the current biennium. (See April 21, 1995, Session Weekly, page 16) Also, $625,000 would go to the Metropolitan Council to study operating buses between suburbs, and from downtown St. Paul and downtown Minneapolis to the suburbs. Few such routes exist now, officials say. The bill calls for $20.2 million to go to the Driver and Vehicle Services Division within the Department of Public Safety over the next biennium. Also, $20.4 million would go to the Department of Public Safety for its pipeline safety and traffic safety departments. It also sets out a schedule for MnDOT to follow when constructing the Wakota Bridge between St. Paul and Newport. The present bridge is in such poor repair a new one is needed by the year 2000, said Rep. Sharon Marko (DFL-Newport), who sponsored the provision in the bill. The Legislature needs to ensure MnDOT will include the project on its construction schedule, said Marko. Although the state provides MnDOT with the money for road repairs, the department is free to schedule road construction and repair projects as it sees fit. (There is no mention of the Wabasha Street Bridge in the bill.) Under a series of amendments added on the House floor April 27, the bill now calls upon MnDOT to reconstruct portions of the following highways: -- Highway 12 from Delano to Willmar; -- Highway 65 from Cambridge to its intersection with Highway 2; -- Highway 52 between St. Paul and the Iowa state border; -- Highway 212 between Interstate 494 and Cologne; and -- Highway 14 from Rochester to Walnut Grove. The first three projects must be completed by January 2006, under the bill. The last two must be done by January 2004. Also, MnDOT would have to install traffic lights on Highway 244 and Highway 61 -- one traffic light on each highway -- in White Bear Lake, under the bill. The measure now goes to a joint House-Senate conference committee to reach a compromise between the two different transportation funding proposals. Private traffic escorts A bill to allow private escort services to perform traffic control duties for oversized loads on Minnesota roads has been vetoed by the governor. Such duties can now be performed only by police officers or members of the Minnesota State Patrol. House sponsor Rep. Carlos Mariani (DFL-St. Paul) has said that private security employees have been controlling traffic for years, and cited funeral processions as an example. But Carlson said it was a safety issue. "This bill will endanger public safety," Gov. Arne Carlson wrote in his veto message. He noted state troopers and local police are trained to direct traffic, have medical training, and can issue tickets to those who disobey their traffic instructions. The proposal was sponsored in the Senate by Sen. Jim Vickerman (DFL-Tracy). HF1485*/SF1171/CH117 More bill listings . . . 1995 House files incorporated into other bills Editor's note: This is the second installment of an unofficial listing of House files that have been incorporated into other bills. Ongoing conference committee action may well have altered the makeup of these bills before they reached the end of the legislative process. And in many cases, the language found in the major bills may not be exactly as it appeared in the original House files. The list was compiled by the House Public Information Office from a variety of sources, including committee administrators, committee legislative assistants, researchers, fiscal analysts, and commission staff. An asterisk after a House or Senate file number indicates the version of the bill that was under consideration. Commerce HF1132*/SF0936 (Jennings) Omnibus liquor bill HF792 (Dauner) Restaurant seating capacity liquor license requirements modified HF984 (Wejcman) Mpls authorized to issue an on- sale intoxicating liquor license to the local branch of AAUW HF1283 (Wagenius) Mpls authorized to issue an on- sale wine and 3.2 malt liquor license to a restaurant HF1472 (Bakk) St. Louis County authorized to issue an on-sale intoxicating malt liquor license Development HF1866/SF1670* (Rice) Omnibus community development appropriations bill Appropriations section: HF336 (Pugh) Grants to youth intervention program HF361 (Farrell) Contamination cleanup HF380 (Dawkins) Metropolitan area homestead program established; contract for deed home purchase assistance provided; construction community impact statements required; rental tax equity pilot project established; money appropriated HF386 (Frerichs) Affirmative Enterprise, grants under 116J.982. Small Cities Federal match, Advantage, MN, WomenVenture, Metropolitan Economic Development Association, JSPA, expanded tour marketing, Pathfinder. Matching grants from private sector to Tourism, Minnesota Film Board, Minnesota Technology Inc., Minnesota Inventors Congress, NRRI, Minnesota Council for Quality, Minnesota Technology Corridor Corp., and Cold Weather Research Institute. HF441 (Jennings) Electronic licensing database HF504 (McCollum) DNR grants HF509 (Clark) Establishing an affordable home ownership funding program HF638 (Jennings) Cogeneration power plant HF767 (Clark) Family homeless prevention and assistance program age limitations changed, rental housing program modified, and municipal housing plan reporting requirement references corrected HF1160 (Trimble) Contamination cleanup grants HF1187 (Clark) Low cost housing HF1223 (Long) Community organization provided funding to provide business opportunities HF1229 (Osthoff) Job Skills Partnership Board HF1347 (Frerichs) Displaced homemaker grant HF1447 (Jennings) Northwest Company Fur Post Interpretive Center appropriated money HF1475 (McElroy) Affordable neighborhood housing design and development initiative established, and money appropriated HF1514 (Mariani) Community resources program appropriated money HF1533 (Murphy) Residential facility for American Indian students at Fond du Lac Community College, planning money appropriated HF1589 (Munger) Peat harvesting study HF1633 (Lourey) Employment support services for people with mental illness HF1638 (Kalis) Kee Theatre in Kiester restoration grant HF1639 (Kalis) Farmamerica grant HF1651 (Anderson, I.) Border fish dispute Non-appropriations section: HF885 (Lourey) Microenterprise support program established HF1565 (Hausman) Department of Trade and Economic Development to study civic and convention centers Education HF1000*/SF944 (Johnson, A.) Omnibus K-12 education finance bill Article 1 HF274 (Pelowski) Capital expenditure and staff development funding for teacher training in computers (Sec. 26) HF436 (Ostrom) Provide levy adjustment for District 2397 (Sec. 30) HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Sec. 1-8, 11, 12, 16, 17-20, 24-25) HF545 (Hasskamp) Create minimum aid guarantee for school districts (modification) (Sec. 27) HF1221 (Rest) Public employment labor relations provisions modified (Sec. 15) HF1334 (Bertram) Modify use of class-size reduction revenue (Secs. 21-22) Article 2 HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Sec. 6, 7, 8-10, 12, 15, 37) HF849 (Seagren) Administration bill (Sec. 1, 7) HF892 (Tomassoni) Modify provisions relating to school bus safety (Secs. 2-5, 13, 16-36) HF1000 (Johnson, A.) Clarify certain provisions, amend Minnesota Statutes 94 (Sec. 38) Article 3 HF453 (Weaver) Safe Schools Package (Secs. 1, 32- 33, 41) HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Secs. 11, 34) HF849 (Seagren) Administration bill (Secs. 6-7, 30, 31) HF868 (Johnson, A.) Provide report on child assessment and case management used by education and human services HF1032 (Tuma) Establish pilot program for children with specific learning disabilities (Secs. 5, 40) HF1053 (Kelso) Provide specific reference to federal special education requirements (certain parts) (Sec. 2) HF1220 (Carlson) Expand payment of special education aid (Sec. 12, 21, 28) HF1296 (Ness) Provide funding for assurance of mastery program (Sec. 42, subd. 18) HF1299 (Huntley) Fully fund the secondary vocational aid formula (Sec. 42, subd. 17) HF1312 (Mariani) Provide programs to meet the educational and culturally related academic needs of Mexican people (Sec. 36) HF1345 (Lynch) Appropriate money for school interpreters (Sec. 42, subd. 20) HF1608 (Entenza) Provide for interagency services for children with disabilities (Sec. 4) HF1743 (Carlson) State-of-the-art Vocational High School Planning (Sec. 38) HF1789 (Johnson, A.) Provide full state funding for special education services (Secs. 13-20, 22-27, 35) Article 4 HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Sec. 13) HF849 (Seagren) Administration bill (Sec. 23) HF989 (Murphy) Establish grant program for student-operated business (Sec. 25, 27) HF1346 (Entenza) Provide funds for adult graduation aid (Sec. 26, subd. 4) HF1375 (Tunheim) Fund adult basic education and adult graduation aid (not fully funded) (Sec. 26, subd. 4) HF1668 (Dawkins) Modify the youth works grant program (Secs. 1-12, 16-22, 24, 28) Article 5 HF268 (Seagren) Authorize the use of a portion of capital expenditure facilities revenue for equipment (Sec. 4) HF459 (Lourey) Debt service levy to remain at the rate used at the time of a district consolidation (Sec. 15) HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Sec. 3, 5-6, 9, 12-14) HF540 (Davids) Provide a debt equalization determination for District 233 (Sec. 19) HF543 (Ness) Authorize districts to lease a building or land for administrative purposes (Sec. 17) HF991 (Sviggum) Extend maximum number of years that a district may levy for funds to remove architectural barriers (Sec. 10) HF1217 (Otremba) Provide for alternative debt service plan for district nos. 789 and 790 (Sec. 16) HF1601 (Kalis) Modify eligibility for debt service equalization (Sec. 11) HF1605 (Larsen) Funding for joint elementary facility (Sec. 18) HF1693 (Harder) Extend availability of a planning grant (Sec. 21, subd. 6) Article 6 HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Secs. 8-11) HF849 (Seagren) Administration bill (Secs. 1-2) HF914 (Peterson) Provide grant for District 128, Milan (Sec. 13) HF996 (Solberg) Provide for employment of education employees terminated by a dissolved cooperative (Secs. 5-7) HF1000 (Johnson, A.) Clarify certain provisions, amend Minnesota Statutes 94 (Sec. 12) HF1711 (Lourey) Plans for reorganizing districts to determine allocation of homestead and agricultural credit aid (Secs. 3-4, 14) Article 7 HF849 (Seagren) Administration bill (part) (Sec. 1) HF1007 (Ness) Provide funding for AP and IB (Sec. 5, subd. 6) HF1079 (Ostrom) Commissioner to conduct needs assessment program for junior and senior high students (Sec. 5, subd. 5) HF1762 (Carlson) Minnesota Academic Excellence Foundation (Sec. 5, subd. 5) HF1791 (Carlson) Provide a grant for restructing schools through systemic site decision making (Sec. 5, subd. 7) Article 8 HF28 (Dauner) District 548, Pelican Rapids, to transfer from general fund to capital expenditure (Sec. 16, subd. 2) HF200 (Swenson, H.) District 422 to transfer from debt redemption to capital expenditure fund (Sec. 16, subd. 24) HF207 (Lieder) Transfer funds from school district 526 and 523 to Twin Valley and Gary successor school district (Sec. 16, subd. 19, 20) HF209 (Lieder) Use capital health and safety revenue to purchase portable classrooms by District 600 (Sec. 16, subd. 21) HF378 (Solberg) ITV grant for Independent School District No. 698, Floodwood (Sec. 17, subd. 14) HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Secs. 2-3, 6, 15) HF569 (Opatz) Authorize District 742, St. Cloud, to transfer from general to capital expenditure fund (Sec. 16, subd. 5) HF738 (Peterson) Authorize District 129, Montevideo, to levy for unreimbursed costs of farm management program (modified) (Sec. 16, subd. 17) HF740 (Luther) District 279, Osseo, levy for At- Risk/Low Income concentration grant program (Sec. 17, subd. 19) HF849 (Seagren) Administration bill (Secs. 8-10) HF861 (Mulder) Provide District 583, Pipestone, to transfer from debt redemption to capital expenditure fund (Sec. 16, subd. 25) HF876 (Dorn) Provide funding for the Mankato area Model School for Truants (Sec. 17, subd. 17) HF920 (Mariani) Modify staff development and curriculum to include American Indian history (Sec. 7, 11) HF962 (Hugoson) Allow District 2536, Granada- Huntley-East Chain, to make fund transfer (Sec. 15, subd. 10) HF965 (Finseth) Authorize District 595, East Grand Forks, to use capital expenditure revenue for buildings (Sec. 16, subd. 13) HF986 (Wenzel) Provide for a fund transfer for District 482, Little Falls (Sec. 16, subd. 6) HF1046 (Kinkel) Establish a task force on alternative measures for teaching licensure (Sec. 12) HF1163 (Lieder) Allow District No. 604 to make a fund transfer (Sec. 16, subd. 9) HF1250 (Entenza) School breakfast and lunch program (Sec. 17, subd. 5, 7) HF734 (Entenza) Funding for breakfast program (Sec. 17, subd. 8) HF1285 (Lourey) ITV grant for District No. 95 (Sec. 17, subd. 15) HF1325 (Tomassoni) Extend levy authorization for retired employee health benefits costs (parts included) (Sec. 4) HF1374 (Kinkel) Permit District No. 2174, Pine River Backus, to transfer funds (Sec. 16, subd. 3) HF1410 (Tunheim) Provide a grant to District 690, Warroad, to operate Angle Inlet School (Sec. 17, subd. 1410) HF1471 (Sviggum) Fund transfer for Byron (Sec. 16, subd. 14) HF1480 (Sviggum) Fund transfer for Medford Land transfer (Sec. 16, subd. 12) HF1481 (Wenzel) Fund transfer for Swanville Bus purchase (Sec. 16, subd. 15) HF1487 (Dehler) Alter calculation of maximum effort tax rate for districts receiving debt service equalization aid (Sec. 14) HF1503 (Finseth) Authorize capital health and safety revenue to purchase portable classrooms for District No. 561 (Sec. 16, subd. 22) HF1576 (Anderson, I.) Provide for post-secondary enrollment options replacement aid (Sec. 1) HF1600 (Jennings) Fund transfer for Rush City (Sec. 16, subd. 8) HF1748 (Davids) Fund transfer for Chatfield (Sec. 16, subd. 11) HF1752 (Erhardt) Fund transfer for Edina (Sec. 16, subd. 18) HF1782 (Daggett) Provide for a fund transfer for Detroit Lakes (Sec. 16, subd. 4) Article 9 HF294 (Cooper) Teacher licenses continuous (Sec. 24) HF507 (Koppendrayer) K-12; providing for general education revenue, etc. (Sec. 1) HF1220 (Carlson) Expand payment of special education aid (Sec. 18) HF1692 (Schumacher) Establish service cooperatives to replace educational cooperative service units (Secs. 6-17, 20, 23, 25) Article 10 HF849 (Seagren) Administration bill (Sec. 1, 3) HF977 (Kelley) A bill relating to libraries (most of bill) (Sec. 4) Article 11 HF849 (Seagren) Administration bill (Secs. 3-15, 22-23) HF1000 (Johnson, A.) Clarify certain provisions, amend Minnesota Statutes 94 (Sec. 16) HF1741 (Boudreau) Authorize the conveyance of state land in Rice County (Sec. 17) HF1778 (Ness) Provide report on projected school district capital expenditures (Sec. 18) Article 12 HF409 (Tunheim) Increases ITV revenue for combined districts who entered into ITV leases before combination (Sec. 2) HF539 (Garcia) Provide technology support aid for school districts (Sec. 1) HF977 (Kelley) A bill relating to libraries (most of bill) (Sec. 1, 3-7) Article 13 Article 14 HF626 (Hausman) Environmental education council established; state plan for environmental education development required Miscellaneous (not pertaining to one article) HF25 (Johnson, A.) Repeal the appropriation caps for pre-kindergarten through grade 12 (parts included in bill) HF157 (Lindner) Authorize use of a portion of capital expeniture facilities revenue for equipment uses HF251 (Kelso) Additional access to the capital levy for interactive T.V. HF253 (Boudreau) Clarify law governing St. Academy for the deaf and blind HF267 (Tunheim) Provide levy for school districts to create Internet connections HF702 (Lieder) Allow school authorities to appoint non-pupil adults to school safety patrols HF711 (Carruthers) Modify the state aid for school district tax abatements (modified version) HF1599 (Swenson, H.) Increase the general education formula allowance (increased from $3,150 to $3,240 in 1996 and $3,220 in 1997) HF1856*/SF1234 (Kelso) Omnibus higher education appropriations bill HF156 (Finseth) Wheat and barley scab research HF307 (Pelowski) Abolishing HECB HF363 (Winter) Farmer-lender mediation HF444 (Van Dellen) Free speech HF678 (Clark) Translator/interpreter program HF899 (Kinkel) Student count/semesters/admin./Akita HF1028 (Opatz) St. Cloud Hospital/Mayo residency HF1107 (Ness) Career placement HF1151 (Opatz) HEB modifications/recodification (in original bill - removed on floor as part of amendment to repeal merger) HF1379 (Murphy) Fond du Lac Tribal and Community College HF1446 (Dawkins) Post-service funding encumbered HF1515 (Bettermann) Faculty transfers between bargaining units (in original bill - removed on floor as part of amendment to repeal merger) Environment & Natural Resources HF1857/SF106* (Brown) Omnibus environment and natural resources appropriations bill HF201 (Peterson) Ethanol producer payments modified, ethanol blender credits phased out HF202 (Peterson) Ethanol producer payments modified HF213 (Kahn) LCMRs recommended projects HF321 (Jennings) Reauthorize under 16 deer hunting (Sec. 70) HF368 (Munger) Stable funding for Soil and Water Conservation Districts HF456 (Hasskamp) Cuyuna Country State Recreation Area HF486 (Peterson) Livestock processing HF581 (Johnson, V.) Timber harvesting Generic Environmental Impact Statement recommendations (Secs. 55, 57) HF614 (Cooper) Passing on the farm HF643 (Bishop) Groundwater act amendments- HF723 (Bakk) Youth deer license (Secs. 68-71) HF783 (Bakk) Northern counties grants HF819 (Otremba) Agriculture improvement loans HF917 (Hugoson) Foodhandler licensing HF1087 (Leighton) Oil and oil filter collection (Sec. 84) HF1128 (Johnson, V.) PCA water quality initiative (Secs. 18-23) HF1191 (Carlson, L.) Fish stamps HF1236 (Schumacher) Sand Dunes State Forest shooting area (Sec. 56) HF1276 (Trimble) Aquatic plant harvest HF1279 (Rest) State park handicapped trails (Sec. 48) HF1511 (Lourey) Milk marketing legal challenge HF1527 (Hausman) Sustainable, EQB ($) HF1618 (Johnson, V.) Nonpoint source water pollution control HF1620 (Trimble) Native vegetation planting (Secs. 17, 30, 45) Energy HF358*/SF792 (Wolf) PUC housekeeping bill HF382 (Wolf) Small electric utility franchise rate regulation exemption provided HF389 (Wolf) Public Utilities Commission rate suspension period provisions clarified Transportation HF1793/SF1536* (Lieder) Omnibus transportation appropriations bill HF205 (Luther) Brooklyn Park right-of-way acquisition metropolitan council loan HF210 (Carlson) Minnesota identification card fee changed HF342 (Garcia) High-speed bus service pilot project established by Met Council in metro area HF395 (Marko) Road powered electric vehicle demonstration project HF729 (Frerichs) High speed rail corridor through Minn., Wis., and Ill. feasability studied HF898 (Carruthers) Soft body armor peace officer reimbursement provisions modified HF1009 (McElroy) Drivers' license reinstatement fee waived in certain cases HF1123 (Skoglund) Criminal justice information system fingerprinting and diversion data provisions modified HF1689 (Marko) Wakota Bridge-Trunk Highway No. 16 construction in Newport required HF1342/SF979* (Wagenius) Hazardous material transporters regulated HF848 (Luther) Metropolitan Council transit vehicle security measure appropriation provided Government HF1001*/SF1678 (Rukavina) Omnibus state government finance bill HF123 (Opatz) Contracting HF473 (Trimble) Human Development Center (language only) HF625 (Orenstein) Minnesota Collection Enterprise HF1001 (Rukavina) Women's Veteran's Memorial (vehicle bill) HF1015 (Hausman) Environmental review process; EQB HF1045 (Marko) Veterans; money appropriated in making certain claims HF1116 (Lynch) Requires LCC to hire an interpreter HF1120 (Pelowski) Legislative television HF1219 (Holsten) Rehabilitation funds for the statue of Leif Erikson HF1260 (Milbert) Building ice arenas (passed as amended; partially incorporated) HF1328 (Dehler) Gambling Control Board account HF1467 (Delmont) Building code and zoning law HF185/SF381* (McCollum) Veterans subcommittee bill HF185 (Osthoff) Armory building commission member appointment flexibility provided; armory construction fund use authorized; armory site provision by municipalities clarified; site disposal provisions modified; and tax levy authority granted HF698 (McCollum) Veterans Homes Board duties modified, and Silver Bay Veterans Home Dementia Unit expansion provided HF171 (Rostberg) Veterans homes resources account fund use authority clarified HF493*/SF803 (Jefferson) Omnibus pension bill for local plans Article 1 HF116 (Rukavina) Provides $100 per month post retirement adjustment; Requires full amortization contribution for continued additional payments (Eveleth Police and Fire) (Sec. 1) HF189 (Jaros) Allows former Duluth Technical College teacher to participate in special 1994 early retirement incentive (Duluth Teachers) (Sec. 2) HF223 (Skoglund) Authorize second-chance opportunity to elect actuarial equivalent bounceback joint and survivor optional annuity (MERF) (Sec. 3) HF689 (Pugh) Authorize surviving spouse of deceased West St. Paul police chief survivor benefit under PERA-P&F law despite the fact that death preceded effective date of consolidation (West St. Paul Police consolidation Account) (Sec. 4) HF1604 (Paulsen) Provides reduced service pension with as little as five years service; provides unreduced pension with ten years of service; permits deferred annuity increase for deferred annuitants selecting monthly benefits and who have at least 15 years service (Eden Prairied Volunteer Fire) (Sec. 5) Article 2 HF829 (Carlson) Authorizes consolidation of Crystal Volunteer firefighters Relief Association and New Hope Volunteer Firefighters Relief Association into single relief association if fire departments merge (Vol. Fire) (Sec. 1) HF829 (Carlson) Provides for incorporation of consolidated relief association by existing relief association members. Provides for relief association governing board of nine persons, with six firefighters elected by the membership, the joint fire department fire chief, and one representative of each city (Vol. Fire) (Sec. 2) HF829 (Carlson) Requires the consolidation to be competed within 30 days of the establishment of the consolidated relief association; requires the transfer of administration, records, and special fund assets and liabilities; requires the dissolution of the general funds of the prior relief associations (Vol. Fire) (Sec. 3) HF829 (Carlson) Continues the retirement benefits of existing retirees unless the retiree agrees to a lump sum alternative payment or a substitute insurance company annuity contract. Authorizes similar conversions for deferred retirees. Requires new active members after consolidation to be covered by a defined contribution plan. Authorizes current active members to convert the current defined benefit coverage to defined contribution coverage at a conversion rate of at least $3,000 per full year of service credit (Vol. Fire) (Sec. 4) HF829 (Carlson) Requires actuarial valuations of the consolidated relief association if any person retains a right to receive a monthly service pension (Vol. Fire) (Sec. 5) HF829 (Carlson) Requires the deposit of fire state aid for both Crystal and New Hope in the consolidated relief association. Specifies the calculation of the municipal contributions to the defined contribution plan, which is the amount needed to bring the amount of fire state aid up to $1,811 per active firefighter, and if any retiree, deferred retiree, or current active member retains defined benefit plan rights, the amount of the funding requirements of that coverage. Requires the payment of relief association administrative expenses from the individual member accounts, with the allocation of the expenses in a manner provided for in the bylaws (Vol. Fire) (Sec. 6) HF829 (Carlson) Validates certain prior actions and benefit provisions inconsistent with applicable special and other laws (Vol. Fire) (Sec. 7) HF829 (Carlson) Repeals prior special laws applicable to the Crystal and New Hope volunteer firefighter relief associations (Vol. Fire) (Sec. 8) HF829 (Carlson) Provides for local approval of the special legislation by both the cities of New Hope and Crystal (Vol. Fire) (Sec. 9) Article 3 HF1042 (Dawkins) Provides a thirteenth check with option to annuitize, without an investment return threshold; provides an additional investment based post-retirement adjustment based on a form of five year averaging of excess investment returns (StPTRFA) (Sec. 1) HF1042 (Dawkins) Laws governing earlier StPTRFA postretirement adjustments are repealed (StPTRFA) (Sec. 2) HF1042 (Dawkins) Sections 1 and 2 require local approval by the St. Paul school board (StPTRFA) (Sec. 3) HF617*/SF561 (Johnson, R.) Omnibus pension bill for administrative changes Article 1: Suspension or forfeiture of certain survivor benefits in the event of certain felonious deaths HF669 (Pugh) Provides for the suspension of survivor benefits of survivor feloniously causing death of pension plan member upon being charged, and forfeiture upon being convicted (All plans) (Sec. 1) HF669 (Pugh) Effective on final enactment; applicable to pending charges (All plans) (Sec. 2) Article 2: Individual and small group pension accommodations HF152 (Mares) Allows late purchase of sabbatical leave service credit with full actuarial value payment (TRA) (Sec. 1) HF465 (Pugh) Ratifies inclusion of former West St. Paul City Attorney in 1993 early retirement incentive despite subsequent independent contractor service (PERA) (Sec. 2) HF1424 (Dorn) Allows late purchase of extended leave of absence with full actuarial value payment, including mandatory employer payment (TRA) (Sec. 3) HF99 (Brown) Allows purchase of service credit by a Swift County employee at full actuarial value (PERA) (Sec. 4) Article 3: Pension plan administrative provisions SF767 (Stumpf) Modifies interest calculation on certain death refunds (MSRS) (Sec. 1) SF767 (Stumpf) Includes deceased former MSRS members in death-while-eligible-to-retire survivor benefit coverage (MSRS) (Sec. 2) SF767 (Stumpf) Includes deceased former MSRS members in term certain survivor annuity election provision (MSRS) (Sec. 3) SF767 (Stumpf) Modifies interest calculation on certain death refunds (MSRS) (Sec. 4) SF767 (Stumpf) Provides disability benefit coverage to age 65 (State Patrol) (Sec. 5) HF617 (Johnson, R.) Redefines exception to member definition to include person electing non-TRA coverage (TRA) (Sec. 6) HF617 (Johnson, R.) Modifies definition of "salary" to exclude employer contributions to Internal Revenue Code Section 457 Deferred Compensation Plan (TRA) (Sec. 7) HF617 (Johnson, R.) Allows application and other filings on due date rather than before due date (TRA) (Sec. 8) HF617 (Johnson, R.) Changes headnote to conform with provision (TRA) (Sec. 9) HF617 (Johnson, R.) Requires 85 day post break-in- service for benefit increase eligibility (TRA) (Sec. 10) HF617 (Johnson, R.) Requires employers to report member birth dates (TRA) (Sec. 11) HF1042 (Dawkins) Requires StPTRFA to fully disclose the supplemental administrative expense to its active and retired membership, and procedures for assessing the charge to the various membership groups (StPTRFA) (Sec. 12) HF617 (Johnson, R.) Requires 85 day post break-in- service service for benefit increase eligibility (First Class City Teachers) (Sec. 13) HF1403 (Jefferson) Implements new salary increase assumptions as adopted by the LCPR (TRA, PERA General, MSRS General) (Sec. 14) HF1403 (Jefferson) Specifies five percent payroll growth assumption for MSRS General and TRA, 6 percent payroll growth assumption for PERA (TRA, PERA General, MSRS General) (Sec. 15) SF751 (Riveness) Requires employer to comply with all federal laws governing 403(b) tax-sheltered annuity plans (various plans) (Sec. 16) HF617 (Johnson, R.) Mandates bylaw change to implement 85 day post break-in-service service eligibility requirement (First Class City Teachers) (Sec. 19) HF617 (Johnson, R.) Revisor instruction related to "association" and "fund" references (TRA) (Sec. 20) Article 4: IRAP recodification and modifications HF1092 (Kahn) State Board of Investment law; revises Supplemental Plan cross-references (IRAP, Supplemental Plan) (Sec. 1) HF1092 (Kahn) MSRS Unclassified; eliminates Unclassified Plan coverage for newly hired higher education board personnel with access to IRAP coverage (IRAP) (Sec. 2) HF1092 (Kahn) Teachers Retirement Association law; revises cross-references to IRAP; clarifies references to IRAP membership groups (IRAP) (Sec. 3) HF1092 (Kahn) Excludes from the city teacher plan teaching service incidental to regular employment and part-time teaching less than 300 hours per fiscal year (IRAP) (Sec. 4) HF1092 (Kahn) Social Security law; revises cross- references to IRAP (IRAP) (Sec. 5) HF1092 (Kahn) Supplemental plan restrictions; revises cross-references to IRAP (IRAP) (Sec. 6) HF1092 (Kahn) Provides definitions for 18 special terms and phrases used in the recodification; includes community college and technical college presidents in IRAP (IRAP) (Sec. 7) HF1092 (Kahn) Specifies the coverage of the IRAP plan including unclassified community college positions; requires coverage elections in 90 days and provided for default coverage if no timely election is made; clarifies coverage for acting employees; allows for payments for prior uncovered service; eliminates references to MSRS Unclassified Plan membership option; continues first class city teacher plan coverage unless individual changing employment elects IRAP; retains TRA or first class city teacher retirement plan coverage for former technical college faculty reclassified as non-faculty after higher education system merger; eliminates lump-sum option for prior service credit purchase (IRAP) (Sec. 8) HF1092 (Kahn) Provides Social Security coverage for IRAP members; makes pension coverage a condition of employment (Sec. 9) HF1092 (Kahn) Specifies the member and employer contribution rates and methods; authorizes payments for omitted member deductions; allows for the transfer of certain prior TRA member contributions for transferring members; shifts omitted contribution liability to the employer after 60 days (IRAP) (Sec. 10) HF1092 (Kahn) Authorizes continuation of IRAP coverage during sabbatical leaves (IRAP) (Sec. 11) HF1092 (Kahn) Provides that the general governance of the plan is by the higher education board, either directly or by contract, with the State Board of Investment responsible for selecting the financial institutions providing investment options for the plan; specifies that investment options include mutual funds (IRAP) (Sec. 12) HF1092 (Kahn) Transferred TRA members; clarifies that former TRA members who transferred to IRAP have deferred annuity right to TRA benefit (IRAP) (Sec. 13) HF1092 (Kahn) IRAP Investments; clarifies that loans and pre-termination distributions are not allowed (IRAP) (Sec. 14) HF1092 (Kahn) Supplemental retirement plan is continued under the higher education board (IRAP, TRA, Supplemental Plan) (Sec. 15) HF1092 (Kahn) Specifies the coverage of the Supplemental Plan based on collective bargaining units; eligibility for plan survives break in service (IRAP, TRA, Supplemental Plan) (Sec. 16) HF1092 (Kahn) Specifies Supplemental Plan member and employer contribution rate and methods; authorizes payments for omitted member deductions; provides for payment of administrative expenses; shifts omitted contributions liability to employer after 60 days (IRAP, TRA, Supplemental Plan) (Sec. 17) HF1092 (Kahn) Requires the higher education board to administer the Supplemental Plan (IRAP, TRA, Supplemental Plan) (Sec. 18) HF1092 (Kahn) Provides for the investment of Supplemental Plan assets and contributions (IRAP, TRA, Supplemental Plan) (Sec. 19) HF1092 (Kahn) Provides for Supplemental Plan redemption of Minnesota Supplemental Investment Fund shares and non-Minnesota Supplemental Investment Fund investments (IRAP, TRA, Supplemental Plan) (Sec. 20) HF1092 (Kahn) Provides for the payment of Supplemental Plan benefits upon death or employment termination (IRAP, TRA, Supplemental Plan) (Sec. 21) HF1092 (Kahn) Clarifies that loans and pre- termination distributions are not permitted from Supplemental Plan investments (IRAP, TRA, Supplemental Plan) (Sec. 22) HF1092 (Kahn) Authorizes tax-sheltered retirement savings programs (IRAP, TRA, Supplemental Plan) (Sec. 23) HF1092 (Kahn) Authorizes the higher education board to issue rules for the plan (IRAP, TRA, Supplemental Plan) (Sec. 24) HF1092 (Kahn) Specifies that the recodification must not be construed to effect any accrued pension rights in IRAP (IRAP) (Sec. 25) HF1092 (Kahn) Specifies that the recodification must not be construed to effect any accrued pension rights in the Supplemental Plan (IRAP) (Sec. 26) HF1092 (Kahn) Specifies that the MSRS Unclassified Plan coverage changes do not apply to current higher education board employees with coverage under that plan (IRAP) (Sec. 27) HF1092 (Kahn) Instructs revisor to correct any cross-references based on current law or future pending higher education legislation (IRAP) (Sec. 28) HF1092 (Kahn) Requires revisor to recode current Minnesota Statutes, Chapter 354C, as Minnesota Statutes, Chapter 354D (IRAP) (Sec. 29) HF1092 (Kahn) Repeals current IRAP general laws, various IRAP special laws, and current supplemental retirement plan (IRAP, TRA, Supplemental Plan) (Sec. 30) HF1092 (Kahn) Sections 1 through 30 are effective July 1, 1995 (IRAP) (Sec. 31) HF1040*/SF806 (Kahn) Omnibus pension bill for benefit modifications Article 1: Statewide general employee pension plan benefits and relate modifications HF119 (Greiling) Part-time teaching participants must be allowed to return to full time teaching positions if the employer will not make full employer contributions (Teacher Plans) (Sec. 1) HF1040 (Kahn) Permits unclassified administrators to receive paid healthcare under postretirement higher education return to employment provision (TRA) (Sec. 2) HF1403 (Jefferson) Revises salary definition to exclude employer contributions to deferred compensation and tax-sheltered annuity plans, and benevolent vacation and sick leave donation programs (MSRS) (Sec. 3) HF1040 (Kahn) Permits unclassified administrators access to higher education postretirement return to employment provision which waives reemployed annuitant reductions on $35,000 in salary (TRA) (Sec. 4) HF119 (Greiling) Eliminates mandatory employer contribution payment for qualified part-time teaching participants with 20 years of service (TRA) (Sec. 5) HF119 (Greiling) Eliminates mandatory employer contribution provision for qualified part-time teaching participants with 20 years of service (First Class City Teacher Plans) (Sec. 6) HF1040 (Kahn) Changes reference to higher education board rather than state university and community college boards in purchase of annuity contract provision (IRAP) (Sec. 7) HF1040 (Kahn) Corrects reference to Higher Education Board in selection of financial institution provision (IRAP) (Sec. 8) HF1040 (Kahn) Eligibility for the Supplemental Plan survives a break in service (Supplemental Plan) (Sec. 9) HF1040 (Kahn) Corrects reference in redemption provision to higher education system (Supplemental Plan) (Sec. 10) HF1040 (Kahn) Corrects reference in administration provision to higher education system (Supplemental Plan) (Sec. 11) HF617 (Johnson, R.) Permits TRA basic members to receive 2.63 percent service accrual rate rather than 2.50 percent under the combined service annuity provision (TRA) (Sec. 12) HF1403 (Jefferson) Permits members of major plans to repay partial refunds (Various plans) (Sec. 13) HF1403 (Jefferson) Establishes federal limits on contributions and benefit payments (Various plans) (Sec. 14) HF119 (Greiling) Provides authority for certain part-time teachers not participating in qualified part-time teaching program on account of 1994 law changes to make additional contributions (Teacher Plans) (Sec. 15) SF1145 (Kroening) Authorizes early retirement incentive to certain employees of Metropolitan Council, Metropolitan Parks and Open Spaces Commission, Metropolitan Airports Commission, Metropolitan Sports Facilities Commission and the Historical Society (Sec. 16) SF1145 (Kroening) To be eligible for early retirement incentives authorized by Section 16, the individual must have at least 25 years of total or combined service, be at least age 55 and eligible for an annuity, and retire after May 23, 1995, and before Jan. 31, 1996 (Sec. 17) SF1145 (Kroening) Employees under Sections 16 and 17 offered increase in formula annuity or paid healthcare to age 65 (Sec. 18) SF1145 (Kroening) Rehiring individuals who retire under the early retirement incentive is prohibited (Sec. 19) SF1145 (Kroening) Individuals under the early retirement incentive are assumed to retire upon termination and application for retirement benefits (Sec. 20) SF1145 (Kroening) Individuals under the early retirement incentive are eligible for a continuation of the employer insurance coverage and health benefits they had prior to termination (Sec. 21) SF1145 (Kroening) Positions covered by the early retirement incentives are only those subject to downsizing and restructuring (Sec. 22) SF1145 (Kroening) Employer must pay the full additional actuarial cost of the increased formula annuities to the retirement plan before July 1, 1997, with 8.5 percent interest (Sec. 23) SF1145 (Kroening) The early retirement incentives are not an unfair labor practice under Chapter 179A (Sec. 24) HF1403 (Jefferson) Provision permitting a legislator elected in special election to receive service credit for entire session is repealed; provision permitting continued MSRS General coverage when person moves to position normally covered by TRA is repealed (Legislator's Plan, MSRS General, TRA) (Sec. 25) Effective Date: Sections 1, 5, 6, 9, and 14 effective July 1, 1995; Sections 3 and 15 through 24 are effective the day following final enactment; Section 12 is effective May 16, 1994; Section 25 is effective July 1, 1995 and is not intended to reduce the service credit of any legislator with service rendered prior to July 1, 1995 (Sec. 26) Article 2: Local general employee pension plan benefit and related modifications HF1427 (Jefferson) Authorizes Minneapolis to levy for the supplemental contributions described in section 4 below (MTRFA) (Sec. 1) HF1142 (Jaros) Employee contribution rate increased from 4.5 to 5.5 percent of pay (DTRFA) (Sec. 2) HF1427 (Jefferson) Authorizes city of Minneapolis additional levy authority to cover additional contribution to MTRFA (Sec. 3) HF1427 (Jefferson) Each year Minneapolis must contribute to MTRFA an additional contribution equal to (1) the difference between the 1995 city contribution to MERF and that contribution as required in the most recent valuation; and (2) the difference between the additional proportionate employer contribution on $3.9 million on behalf of school district employees covered by MERF in the 1995 valuation, and the corresponding amount in the most recent valuation (MTRFA) (Sec. 4) HF1427 (Jefferson) An additional state contribution to MTRFA is required, equal to the difference between $11,005,000 and the required state contribution to MERF in the current year (MTRFA) (Sec. 5) HF1427 (Jefferson) The new aids to MTRFA by the city in Section 4 and the state in Section 5 terminate when the MTRFA funding ratio matches TRA's ratio (MTRFA) (Sec. 6) HF1016 (Jaros) Removes authority to pay 13th check (DTRFA) (Sec. 7) HF1016 (Jaros) Annuity payments increased 2 percent annually to those who have received benefits at least one year (DTRFA) (Sec. 8) HF1016 (Jaros) Provides investment based postretirement adjustment based on five-year annualized return above 8.5 percent, with adjustment for the contribution deficiency and the funding ratio (DTRFA) (Sec. 9) HF1427 (Jefferson) The MTRFA investment based post-retirement adjustment must be reduced by multiplying by the funding ratio to determine the increase payable (Sec. 10) HF1142 (Jaros) Increases accrual rates used in computing annuities by .16 percent (DTRFA) (Sec. 11) HF493 (Jefferson) Permits MERF to deduct health insurance premiums from annuitant checks and pay to insurer (MERF) (Sec. 12) HF493 (Jefferson) Authorizes labor union officials to be MERF members although they may not be representing primarily MERF employees (MERF) (Sec. 13) HF1427 (Jefferson) Minneapolis shall levy an amount equal to the 1995 city contribution MERF requirement. Any amounts above that needed in the current year to cover MERF funding requirements will be deposited in MTRFA (MTRFA; MERF) (Sec. 14) HF1016 (Jaros) Establishes base for transitioning from 13th check to investment based percentage increase (DTRFA) (Sec. 15) HF1142 (Jaros) Authorizes DTRFA Old Law Plan to use 1.41 percent service accrual rate (DTRFA) (Sec. 16) HF1016 (Jaros) Authorizes DTRFA to amend its bylaws consistent with changes provided in this article (DTRFA) (Sec. 17) HF1016 (Jaros) Repeals Section 354A.27, Subdivisions 2, 3, and 4, relating to the 13th check (DTRFA) (Sec. 18) Effective Date: Sections 1 and 3 to 6, 10, 12, and 13 are effective the day following enactment; Section 2 is effective July 1, 1995; Sections 7, 8, 9, 15, 17, and 19 are effective November 1, 1995; Sections 11 and 16 are effective May 15, 1995 (Various) (Sec. 19) Article 3: Public safety employee plan benefit and related modifications HF463 (Johnson, R.) Increases member contribution rate by 0.42 percent of pay (State Patrol) (Sec. 1) HF463 (Johnson, R.) Increases benefit accrual rate from 2.5 percent to 2.65 percent (State Patrol) (Sec. 2) HF463 (Johnson, R.) Increases minimum duty disability benefit from 50 percent to 53 percent (State Patrol) (Sec. 3) HF970 (Bertram) Replaces PERA-P&F actuarial reductions for early retirement with 2.4% per year reduction (PERA-P&F) (Sec. 4) HF463 (Johnson, R.) HF 617 (Johnson, R.) Increases the maximum benefit accrual rates for the Combined Service Annuity to 2.65 percent of final average salary for the State Patrol Retirement Fund (State Patrol) (Sec. 5) Blended Amendment. Extends time limit for approval of local law which would provide PERA- P&F coverage to Hennepin County paramedics (PERA-P&F) (Sec. 6) Effective Date: Section 6 is effective the day following final enactment; remaining sections effective July 1, 1995 (Sec. 7) Article 4: Additional police and fire amortization aid HF995 (Johnson, R.) On Oct. 1, 1996, excess police aid in the excess contribution holding account collected during fiscal year 1996 must be allocated among police and paid fire relief associations and consolidated accounts (if the 1993 PERA-P&F accrual rate increase is approved) based on the relative unfunded liability as of Dec. 31, 1993, for relief associations, and June 30, 1994, for consolidation accounts (Paid police and fire relief associations, consolidation accounts that approve 1993 PERA-P&F accrual rate increase) (Sec. 1) Effective Date: Section 1 is effective the day following final enactment (Sec. 2) Article 5: Higher education system insurance premium initiative HF1505 (Kahn) Employer funded healthcare provided to certain individuals in state universities, community colleges, and technical colleges where downsizing is occurring. Benefit ceases if health coverage is received from a subsequent employer (Sec. 1) HF1505 (Kahn) Employee receiving benefit under section 1 must notify system of healthcare coverage supplied by a subsequent employer (Sec. 2) HF1505 (Kahn) Effective Date: Section 1 is effective the day following final enactment (Sec. 3) In the Hopper . . . May 12 - 18, 1995 BILL INTRODUCTIONS Friday, May 12 HF1911--Dawkins (DFL) Judiciary Fetal alcohol exposure screening required for children under juvenile court jurisdiction. Monday, May 15 HF1912--Bishop (IR) Education Polytechnic institute development plan requested for Rochester Community College campus. HF1913--Tunheim (DFL) Rules & Legislative Administration Root-Bryce Treaty; President and Congress memorialized to resolve the game fishing border dispute between Minnesota and Ontario by investigating Minnesotans' rights under the Root- Bryce Treaty. HF1914--Greiling (DFL) Taxes Tax class rates on certain residential property reduced and additional state aid provided. HF1915--Tunheim (DFL) Taxes School district property taxes reduced, tax class rate for certain agricultural property reduced, and income taxes increased. HF1916--Bakk (DFL) Governmental Operations Alternative retirement coverage provided for certain state university and community college teachers. HF1917--Milbert (DFL) Ways & Means National Hockey League athletic organization financing and ownership provisions provided, certain sports facilities conditions for use provided, bonds issued, and money appropriated. Tuesday, May 16 HF1918--McGuire (DFL) Judiciary Private corrections treatment facilities that receive patients under court or administrative order provided liability limits. HF1919--Lynch (IR) Financial Institutions & Insurance Automobile insurance premium rate surcharge minimum threshold for claims provided. Wednesday, May 17 HF1920--Skoglund (DFL) Rules & Legislative Administration Foreign limited liability partnership definition related to the Uniform Partnership Act modified. HF1921--Greiling (DFL) Education Braille reading and writing competence required by teachers of the visually impaired. HF1922--Marko (DFL) Transportation & Transit Municipal involvement in certain trunk highway construction projects authorized and construction projects task force appointment provided. HF1923--Pugh (DFL) Commerce, Tourism & Consumer Affairs Minnesota Professional Employer Organization Act adopted. HF1924--Pugh (DFL) Financial Institutions & Insurance Insurance fraud unit created in commerce department, powers and duties prescribed, penalties provided, and money appropriated. HF1925--Kalis (DFL) Transportation & Transit Junior driver's license issuance by public safety commissioner authorized. Thursday, May 18 HF1926--Huntley (DFL) Health & Human Services Dental hygiene practice regulated. HF1927--Hackbarth (IR) Judiciary Child support consideration of other children in setting provided, and existence of other children deemed grounds for child support modification. HF1928--Rostberg (IR) Rules & Legislative Administration Non-partisan legislature implementation study required by the legislative coordinating commission. HF1929--Macklin (IR) Judiciary Prosecution final rebuttal argument provided. HF1930--Koppendrayer (IR) Education Teacher probationary and continuing contract review provisions modified. HF1931--Simoneau (DFL) Judiciary Claims against accountants limited, health care provider and medical product manufacturer non- economic losses liability limited and contingency fees provided, fees of attorney agreement provided, and punitive damages limitation provided. HF1932--Swenson, D. (IR) Judiciary Juvenile court hearings certification and extended jurisdiction time requirements modified, court consideration of public safety and victim restoration required, and child under age 12 placement in long-term foster care authorized. HF1933--Swenson, D. (IR) Labor-Management Relations Employment references given in good faith provided civil liability immunity. HF1934--Erhardt (IR) Commerce, Tourism & Consumer Affairs Securities face-amount certificate companies, open- end management companies, and unit investment trusts calculation of registration fees and uniform expiration, renewal, and reporting provided, and certain registration exemptions provided. HF1935--Koppendrayer (IR) Governmental Operations State mandated programs and procedures funding provided. HF1936--Farrell (DFL) Commerce, Tourism & Consumer Affairs Fuel burner, heating, air conditioning, ventilation, refrigeration, steam, and hot water equipment systems installation and repair regulated in certain cities. HF1937--Krinkie (IR) Governmental Operations Legislators and constitutional officers required to resign on filing for another elective office or accepting an appointment to another office, and constitutional amendment proposed. HF1938--Boudreau (IR) Environment & Natural Resources Dog group training on state wildlife management areas prohibited. MINNESODTA INDEX Hockey and Minnesota High school hockey teams in Minnesota, boys 148 Girls teams 36 Estimated number of hockey players there will be in the year 2000, boys 72,306 Girls 10,960 Percent of prime ice time at indoor arenas to be reserved for girls hockey teams (as required by law) 1996-1997 hockey season 50 Year that the Minnesota North Stars came to the state 1967 Number of seasons the North Stars played in Minnesota 26 Year the Minnesota Fighting Saints (of the World Hockey Association) came 1972 Years the Saints lasted 4 Number of the seven World Hockey Association championships won by the Winnipeg Jets 3 Year the Winnipeg Jets became members of the National Hockey League (NHL) 1979 Number of NHL championships the team has won 0 Number of Canadian citizens who stepped up to buy a stake in the Winnipeg Jets, 1975 5,000 Range in the amount of money invested by individual citizens $25 - $25,000 Amount Gov. Arne Carlson is willing to provide in state assistance to help bring the Jets to Minnesota, in millions $15 Number of seasons former North Star Lorne "Gump" Worsley played professional hockey 24 Number of those seasons the former goalie wore a protective mask, (saying "my face is my mask") 1 Year that the NHL imposed the rule that there may be only one goalie, per team, on the ice at any one time 1931 Years since the U.S. Hockey Hall of Fame opened in Eveleth, Minn. 22 Cost to get in, adult $3 Annual visitors per year, estimate 10,000 Seating capacity of the National Hockey Center on the St. Cloud State University campus 7,000 State investment to build the facility, in millions, 1987 $9.5 Maximum number of uniformed cheerleaders admitted free of charge, per participating school, at the Boys High School Hockey Tournament 6 Number of girls who have played in the Boys High School Hockey Tournament, (Amber Hegland of Farmington, 1994) 1 Year the first Girls High School Hockey Tournament was held 1995 Sources: The Complete Encyclopedia of Hockey, edited by Zander Hollander, Developing a Plan for the Stable Operation of the United States Hockey Hall of Fame, U.S. Department of Commerce, Report to the Legislature, Minnesota Amateur Sports Commission Ice Arena Task Force, United States Hockey Hall of Fame, Minnesota State High School League.