SESSION WEEKLY A NON-PARTISAN PUBLICATION OF THE MINNESOTA HOUSE OF REPRESENTATIVES MARCH 29, 1996 VOLUME 13, NUMBER 11 WEEK IN REVIEW. . . March 21 - 28, 1996 HIGHLIGHTS K-12 education . . . House rejects alternative tests for would-be teachers A $32.3 million K-12 education spending bill is on its way to the governor minus a controversial provision to allow alternative testing for teaching candidates. The House passed the bill (HF2156*/SF1884) March 28. The vote was 117-16. The Senate passed it the same day, 62-1. House members had earlier rejected the bill after members on both sides of the aisle voiced objections to a plan to provide alternatives to the state's basic skills test for teachers. "To the general public, alternative testing means lowering standards," said Rep. Richard Jefferson (DFL-Mpls). "The qualifications of every teacher of color would be questioned." House members on March 26 voted 98-32 to send the bill back to conference committee, where the alternative testing provision was then removed. In 1995, a measure requiring the State Board of Teaching to study alternatives to the skills test was passed into law after legislators heard complaints that the test was preventing otherwise qualified and capable minorities and people with disabilities from becoming teachers. This year a plan emerged to provide a waiver to prospective teachers who fail the test three times. The measure would have required alternative testing methods for those teaching candidates. Equivalent alternative tests would have maintained requirements for mastery of basic skills, proponents argued. "We're not lowering any standards," said Rep. Alice Johnson (DFL-Spring Lake Park), House sponsor of the education funding bill. But critics said alternative testing is not the best way to deal with problems that may exist with the current test. If it is racially biased, as some claim, Jefferson said the solution is clear. "You remove the bias from the test. You don't remove the test," Jefferson said. "You make it fair." Johnson said she was "very sorry" alternative testing had become a race issue. In fact, she added, a vast majority of those who have failed the test have been white. The controversial provision was intended to help teaching candidates who have the necessary knowledge but just cannot pass the test, Johnson said. Alternative testing, she said, would allow accommodations for those people without decreasing standards for reading, writing, and math skills. "It could be something as simple as extending the time limit," Johnson said during House floor debate. But opponents of alternative testing were not convinced. "It's a disservice to the entire [teaching] profession," said Rep. LeRoy Koppendrayer (R- Princeton). The education spending proposal would bolster the use of technology in Minnesota's public schools and would devote funds to after-school programs, full-day kindergarten, and other projects designed to help disadvantaged students. Additionally, the measure would narrow the focus of the state's proposed graduation standards and would support school discipline policies that focus on keeping kids in the classroom. Here's a look at the major provisions in the bill. Boosting technology A total of $11.9 million would be spent on technology programs under the bill. Much of the money would be used to expand Internet access in schools and libraries. The 1995 Legislature passed a law that included a $10.5 million grant program to connect schools and regional public library systems to the information superhighway. This year's bill would make an additional $5 million in grant funding available in 1997. Another $3.5 million would go to school districts for training teachers in the use of technology and acquiring new computer hardware. Gov. Arne Carlson pushed for money to purchase computer hardware to be included in the bill. The House earlier approved a spending package without such a provision. Another of the current bill's provisions -- although a seemingly minor one -- could greatly help to improve Internet access in rural Minnesota schools. The measure would allow telephone companies to provide service to schools and libraries at reduced prices or for no cost. Such a change could make a significant impact in rural areas where a long-distance call is required to connect to the worldwide communications network. Also, the omnibus bill would set up a grant program to enhance the use of technology in after- school programs. A total of $1 million would be offered in grants to school districts and other organizations that operate after-school programs giving children access to computers. All-day kindergarten The bill includes a provision crafted to ensure that disadvantaged children are ready for first grade by having them spend more time in a kindergarten classroom. Under the bill, $3.5 million in grant funding would allow certain schools to offer full-day kindergarten or to provide half-day kindergarten for 4-year-olds. The goal of the expanded kindergarten proposal is to make sure students arrive in first grade prepared to handle academic basics such as reading and writing. Proponents of the measure also said it would have benefits that reach far beyond the first grade. They argued that kids who fall behind at a young age often end up with serious academic and behavioral problems in later grades. The grant funding would be divided evenly four ways among districts in Minneapolis, St. Paul, Twin Cities suburbs, and Greater Minnesota. Districts receiving grant funds would decide whether to use the money for all-day kindergarten programs or to initiate half-day kindergarten for 4- year-olds, which would put kids in the classroom a year earlier than usual. Afternoon activities Children in some of the state's poorest areas would be the beneficiaries of $5 million for after- school programs. The governor, in his January State of the State Address, identified after-school enrichment programs as a top spending priority. The bill matches Carlson's request for funds to finance after-school programs in neighborhoods with especially high rates of poverty, teen pregnancy, and juvenile crime. Under the bill, grant funding would go to school districts and community organizations that run after-school programs. Minneapolis and St. Paul each would get $2 million for the programs. The remaining $1 million would go to other areas with high percentages of needy students. Children ages eight to 13 who live in troubled neighborhoods would be the target of programs aiming to reduce juvenile crime and school behavioral problems. The programs also would seek to increase academic achievement, school attendance, and skills in computers, the arts, and athletics. Graduation standards The bill includes $2.9 million for continued development of the state's graduation rule, but the bill would narrow the scope of the proposed standards. The state has spent about $20 million developing and testing the new graduation standards. Requirements for reading and math proficiency are slated to take effect beginning with the ninth- grade class in 1996-97. Those students will have to meet math and reading requirements before they can receive a diploma. Ninth graders beginning in 1997-98 would have been expected to be tested on writing and science standards in addition to the math and reading requirements. Other tests in government, geography, and physical health and safety were expected to follow. But the omnibus education bill would change that. Minimum proficiency tests would be limited to the subjects of math, reading, and writing. Assessment of performance in the other subjects would be shifted from minimum standards testing to the Profile of Learning, a broad analysis of each student's overall performance. The changes in the graduation standards follow the direction taken in recent months by the newly created Department of Children, Families, and Learning. Creative discipline The bill includes $300,000 to help schools address behavior problems before they get out of hand. The money would be distributed in grants to schools that implement constructive discipline policies that are focused on early intervention. The bill would encourage schools to engage parents in a collaborative effort to alter inappropriate behavior and to see that such misbehavior does not become chronic. It also would encourage schools to penalize students for misbehavior but to work toward returning them to their regular classrooms. Grant recipients would be required to remove from regular classrooms students who violate the school's conduct code, to provide an alternative education site within the school for those students, and to make the alternative education constructive. Gang resistance The bill would allow existing tax revenue to pay for education programs that teach children how to resist gangs. Currently, school districts can collect an extra $1 per resident in taxes to help pay for school police officers and drug abuse prevention programs. The optional levy provides funding for efforts such as the DARE (Drug Abuse Resistance Education) program, which teaches fifth and sixth graders about the dangers of drugs. The education bill would simply expand the law to allow districts to pay for gang-resistance education with money collected through the tax. Local control The conference committee scrapped a provision earlier approved by the House that would have given school sites more authority to make budget and programming decisions. The proposal called for school site councils to be given control of a small share of the per pupil revenue given to districts and for additional grant funding to be offered to site councils. The site councils would have been allowed to spend the money without school board approval. The governor strongly opposed the proposal. Name change The name of the state arts high school located in Golden Valley, Minn., would be changed to the Lola and Rudy Perpich Minnesota Center for Arts Education. The name change would honor late Gov. Rudy Perpich, who was instrumental in efforts to create and support the school. Moment of silence A measure to allow a moment of silence to be observed in public schools won approval earlier in both the House and Senate. But critics in both chambers described the provision as a thinly veiled effort to bring prayer into the schools. The conference committee reduced the provision to a single sentence. "A moment of silence may be observed," the final bill reads. -- Nick Healy CHILDREN Kids and boats A bill on its way to the governor aims to improve safety on Minnesota lakes by keeping young children away from the controls of high- powered watercraft. The proposal was approved by the House March 26 on a 94-39 vote. It passed the Senate the same day, 56-5. Under the bill, children under 13 would be prohibited from operating personal watercraft, or Jet Ski-style machines, and children under 12 would be barred from operating motorboats of more than 75 horsepower. The bill (HF2834*/SF2563), sponsored by Rep. Kris Hasskamp (DFL-Crosby), also would prohibit children under 12 from operating boats from 25 to 75 horsepower unless there is someone 21 or older within immediate reach of the controls. Those children would be allowed to operate boats of less than 25 horsepower without supervision. The bill comes in response to a 1995 boating accident that claimed the life of 10-year-old Aaron Sahli of Ham Lake, Minn. Aaron was riding in a pontoon boat on a Crow Wing County lake last Memorial Day when the pontoon was struck by a 175-horsepower boat being driven by an 8-year-old boy. The father of the 8-year-old was in the speedboat but was not at the controls. Current law allows children under 12 to operate boats of less than 30 horsepower. They can operate more powerful boats as long as an adult is on board. (See Feb. 9, 1996, Session Weekly, page 5) CONSUMERS Notaries public A bill that aims to prevent notaries public from exploiting immigrants passed the House March 26. The vote was 131-2. HF2478, sponsored by Rep. Carlos Mariani (DFL- St. Paul), would require anyone who is not an attorney and provides immigration assistance services to post a notice in English and in the appropriate foreign language which says he or she is not an attorney. HF2478 also would prohibit anyone who is not an attorney and offers such services from giving legal advice. A written contract -- in both English and the appropriate foreign language -- also would be required and must include an explanation of services to be offered and the corresponding charges. Any notary violating the provisions would be guilty of a misdemeanor. The measure was proposed by Mariani in response to reports in Minnesota and elsewhere of notaries public charging excessive amounts for legal services they were not legally qualified to offer. Because notary public means "super attorney" in Spanish, Mariani said many Spanish-speaking immigrants mistakenly believe notaries are the same as attorneys. The proposal now moves to the governor. CRIME Penalties and prevention A $17.4 million proposal to fund corrections, crime prevention programs, and more police officers on the streets in neighborhoods and in schools passed the House March 27. The vote was 130-3. The bill (HF3242/SF2856*), sponsored by Rep. Mary Murphy (DFL-Hermantown), also includes policy proposals from the omnibus crime bill, HF2161, sponsored by Rep. Wes Skoglund (DFL- Mpls). (See Feb. 22, 1996, Session Weekly, page 3) Also under the bill, neighbors would be notified when serious sex offenders are released to communities and state prisoners could be housed at the Prairie Correctional Facility in Appleton, Minn. Dropped from the proposal during conference committee negotiations was a provision that would have made it easier for Minnesotans to carry a concealed weapon. Other proposed changes calling for increased prison sentences for certain crimes were also removed, which drew harsh criticism from some members. But Murphy explained to members that continuing to impose longer and harsher prison sentences is something the state simply cannot afford. These concerns were bolstered by the timely release of Paying the Price: The Rising Cost of Prison, published this month by Minnesota Planning. According to the report, Minnesota imposes some of the longest prison sentences in the United States, with only the state of Maine reporting longer average sentences for violent offenders. For drug and property crimes, Minnesota's sentences are 50 to 70 percent higher than the national median. And the number of prisoners is growing exponentially. The report shows that Minnesota's adult prison population has more than doubled in the last 10 years to some 4,600 prisoners in 1995. By the year 2005, an estimated 7,000 inmates will create an even greater demand on taxpayers. The cost of running state prisons, at $162 million in 1995, is expected to grow to $234 million by 1999, which does not include the costs of building more prisons. (The governor requested $100 million in bonding to build a new prison this year) Currently, there is a shortage of about 300 prison beds. The shortage is expected to grow to about 1,200 beds by the year 2000, based on estimates that stem from current sentencing policies. By removing a number of sentence increases that were in the House bill, the proposal would add 50 to 85 prison beds to current demands, noted Murphy, stressing the importance of controlling future costs. The bill includes a provision that would require the Department of Administration to conduct a systemwide evaluation of the state correctional system. Stopping crime before it occurs is the best way to trim the budget, according to supporters of crime prevention programs. The bill includes a number of measures that are intended to stop crime before it starts. Community safety and law enforcement grants are a key feature of the bill and would receive over $8 million in funding. The bill, which now goes to the governor, also includes proposals that would prohibit prison inmates from smoking and provide funding for an automobile theft prevention program. Below are some highlights from the bill. COPS, Weed and Seed Two new programs would garner $4.7 million of the bill's grant dollars. The community-oriented policing programs, known as "COPS," aims to increase the amount of officers in local law enforcement agencies. The goal is to assign officers with community experience to investigate and prevent juvenile crime. COPS would expand community policing duties, such as block clubs and community-based crime watch programs. COPS would also assign overtime officers to high crime areas within their jurisdictions. Weed and Seed, another grant program established by the bill, would assist local communities in eradicating violent crime, illegal drug activity, and illegal gang activity in targeted neighborhoods. The weed and seed program also would aim to revitalize neighborhoods, both economically and physically. Local law enforcement agencies would work with members of targeted neighborhoods to develop plans and apply for funding. Community crime prevention Community crime prevention grants that aim to enhance communities' sense of personal security and to assist in crime control and prevention efforts are a key feature of the bill. Programs that may qualify for the grants include those that provide services for at-risk children, neighborhood youth centers, block clubs, community-based crime prevention programs, and community-based collaboratives. The measure would appropriate nearly $1.8 million in funding for the grants. Knock and Talk A proposal in the bill, dubbed "Knock and Talk," would give Hennepin County $100,000 to establish a community-oriented chemical dependency pilot project. The project would take a comprehensive public health approach to chemical dependency problems, focusing on cocaine abuse in certain neighborhoods. Knock and Talk would allow law officers and health workers to knock on the doors of so-called crack houses and offer chemical dependency treatment to addicts. Under the program, officers would be able to approach homes that have been identified as crack houses and offer to transport crack users to treatment programs, including aftercare programs that assist addicts in staying off drugs and securing jobs and housing. Rep. Karen Clark (DFL-Mpls), a key sponsor of the project, has pointed out that many of the people who spend their time in crack houses, particularly women with children, find themselves in an "intimidating" situation and don't know how to extricate themselves. Car theft prevention Increasing occurrences of car theft led to the approval of a $930,000 proposal by Gov. Arne Carlson to combat the problem. The bill would establish an automobile theft prevention board, which would develop, coordinate, and implement statewide plans on car theft. To help pay for the program, each automobile insurance policy sold in Minnesota would carry a surcharge of $0.50 per car for each six months of coverage. Critics argued against the surcharge and the board, saying it was nothing more than a tax increase. However, proponents of the plan noted that several states have adopted this approach, which has led to drops of 16 to 20 percent in insurance rates, netting a gain for consumers because of the reduction in auto theft. Proponents also stressed that the funds would be used to pay for local prosecutors, investigations, and more police, as well as neighborhood and business groups trying to fight the problem. Council on Black Minnesotans The bill would appropriate $200,000 to the Council on Black Minnesotans to complete the Martin Luther King Jr. nonviolent institutional child development pilot project. The project would provide community violence prevention and intervention programs. Before the project starts, the commissioner of public safety would need to evaluate it based on specific outcomes, according to the bill. The proposals would require the project to begin by Jan. 2, 1997, and end by July 1, 1998, at which time it would be reviewed by several state department commissioners. Community notification A key part of the bill that has received wide support throughout the process would authorize local law enforcement agencies to notify the public when a sex offender is released from prison. The community notification policy, co-sponsored by Rep. Dave Bishop (R-Rochester) and Skoglund, has been debated publicly since 1994 when Minnesota Supreme Court rulings released two men who had been committed under the state's sexual psychopathic personality law. Lawmakers met in special session that year to pass legislation to keep sexual psychopaths off the street. The level of notification would depend on a risk assessment of the offender. Offenders would be classified as either low, intermediate, or high risk to the community. If the offender is considered low-risk, police may notify other law enforcement agencies and any victims of, or witnesses to, the offender's crime. For intermediate-risk offenders, schools, day care centers, and other groups that serve individuals likely to be victimized by the offender could be notified. Anyone a high-risk offender is "likely to encounter" could be notified. Widespread notification, however, would not occur while an offender is living in a residential treatment home. The provision also amends the sex offender registration law to include persons whom the courts have convicted of a "kiddie porn" offense or other offenses stemming from the same set of circumstances. If passed, Minnesota would follow some 20 other states with similar laws. The legislation would provide $340,000 to ensure the program's implementation and for legal challenges that may be brought against the law. Victims of violence In accordance with the state's policy of "zero tolerance" for violence, the bill outlines state goals that would give crime victims access to the following services: crisis intervention, including a 24-hour emergency telephone line; safe housing; counseling and peer support; assistance in pursuing legal remedies; and appropriate medical care. The goals also include giving children who are witnesses to abuse and/or victims of violence access to crisis child care; safe supervised child visitation, when needed; age-appropriate counseling and support; and assistance with legal remedies, medical care, and needed social services. In an effort to increase efficiency in the administration of victim services, the bill requires several offices that deal with crime victims to meet four times a year. The so-called "crime victims services roundtable" would discuss methods for improving the delivery of services, in addition to securing increased funding. The witness and victim protection fund would receive $50,000 in grant money from the bill. Juvenile monitoring The bill would allot $225,000 for an intensive juvenile monitoring pilot program that focuses on juveniles who have committed or are at risk to commit crimes. Peace officers, juvenile courts, and juvenile probation officers would refer certain juveniles to the program. Qualified college and graduate students with related majors would monitor and supervise the juveniles. College students would work with a juvenile's probation officer and serve as a "big brother" or a "big sister" to a teen who has committed, or is at risk for committing, delinquent acts or crimes. The Department of Corrections would determine the particulars of the monitoring program. In addition, the department would work with colleges, universities, and community corrections agencies to establish the criteria for college students to participate in the program, what kind of training they should receive, and how they should be compensated. Their responsibilities could include checking on the juvenile in the morning, reminding them about homework, checking on them after school, and helping them with homework several times a week. The college student would then report back to the probation officer so the officer could determine which juveniles need more help. Truancy, curfew A total of $340,000 would be available to eligible cities and counties for the creation and expansion of programs for curfew enforcement, truancy prevention, pretrial diversion, and for juveniles who are at risk of incarceration. Crisis nurseries The bill would appropriate $250,000 to the Department of Human Services to assist eligible private and public organizations that provide crisis nurseries. Children's advocates have said that the increase in violent crime is directly related to an increase in child abuse and neglect. Crisis nurseries offer temporary, safe nurturing care for children and support services for parents in times of crisis. The nurseries may also offer family counseling, in-home crisis intervention, parenting support, information and referral services, and service coordination. Home visits As part of the state's on-going effort to prevent child abuse and neglect, the bill appropriates $250,000 to the Department of Health for grants to home visiting projects. The funding would increase the efforts of public health nurses who visit homes with at-risk babies, giving advice on nutrition and other parenting issues. Group conferencing A pilot program for family group conferencing programs in Dakota County would receive $95,000 under the bill. The program would provide an administrative alternative to a courtroom prosecution. In the forums, persons accused of crimes would meet with victims, family members of victims or the offender, law enforcement agencies, prosecutors, and community members. The forums would focus on the impact that crimes have on victims and the community. Members of the group would then determine an appropriate sanction for offender reparations, including community service and other options. Tattoos Kids under the age of 18 who want to get a tattoo would need written parental consent to do so. Under the bill, anyone who provides a tattoo to a minor in violation of the provision would be guilty of a misdemeanor. Prairie Correction Facility A city-owned correctional facility in Appleton, Minn., may receive some Minnesota prisoners if the bill becomes law. The non-profit facility presently sells space to prisoners from Idaho and Colorado. The city gains economic benefits from the facility through job opportunities for residents and increased business for local merchants who sell food and supplies to the prison. The bill instructs the commissioner of corrections to contract with the facility to house at least 200 inmates, if the cost does not exceed $55 per inmate, per day. Inmate health care Inmates would have to make a co-payment for health care services that they receive in prison under the bill. The co-payments would be deducted from inmates' earnings accounts. Supporters of the measure said they included it in the bill to help curb the rise in prison health care costs caused by overuse of services. Tougher gun penalties A felon who has been convicted of a crime of violence who is later found to be illegally possessing a firearm would receive a mandatory minimum prison sentence of 18 months and could get up to 15 years and a fine of up to $30,000, under the bill. A provision that imposes a mandatory minimum for felons illegally in possession of a firearm has been loudly applauded by county prosecutors who say it will make their jobs easier. According to the provision, it doesn't matter if the felon is using the firearm to commit another crime or has it in his or her car -- it is an automatic 18-month minimum sentence. The provisions are not designed to limit the rights of law-abiding citizens to own a gun, but punish criminals caught with guns, Skoglund has said. Guns and kids An adult who negligently stores a loaded firearm that ends up in the hands of someone under age 18 would be guilty of a gross misdemeanor under the bill. Current law applies only to minors under the age of 14. A provision to require guns and ammunition to be locked and stored separately in households with minors was defeated earlier this session. Guns on buses To combat continued crime on public buses, the bill would increase the penalty for firing a gun "in" a public transit vehicle or facility. The proposal expands current law which makes it a crime to recklessly discharge a firearm "at" a public transit vehicle or facility. Penalties would range from up to a three-year felony and a $6,000 fine to up to a five-year felony and a $10,000 fine, depending on whether the vehicle or facility was occupied by individuals other than the offender. The provision stems from recent incidents of gunfire inside buses and transit stations. In addition, the proposal, sponsored by Rep. Darlene Luther (DFL-Brooklyn Park), would increase the maximum felony penalty for intentionally discharging a firearm under "dangerous circumstances" to five years imprisonment, up from the current two-year penalty. (Dangerous circumstances are defined by the jury in a given case.) Under current law, it is a felony, punishable by a maximum of five years' imprisonment and a $10,000 fine, to intentionally discharge a firearm in a school zone, park zone, or public housing project. Stalkers and guns Minnesotans convicted of stalking or violating protection orders would have to surrender their pistols for three years. The provision also specifies that if defendants in such cases use a firearm while violating the protection order or stalking a victim, they will be required to surrender the gun and could be barred from owning any firearm for the rest of their lives. The county in which a domestic abuse offense is committed would conduct a domestic abuse assessment and submit a report to the court for any defendant convicted of domestic abuse or any defendant arrested for domestic abuse but convicted of another crime connected to the incident. Defendants sentenced for domestic abuse, under the proposal, would be required to pay a $125 domestic abuse assessment fee. Anyone who commits domestic assault knowing that a child younger than 18 is likely to witness the assault would be guilty of a gross misdemeanor, punishable by up to a year in jail and a $3,000 fine. Code grabbing devices The bill provides a three-year felony penalty for possessing a code-grabbing device with the intent to use it to commit a crime. Criminals use the devices to gain access to locked cars, garages, and other things that use a remote control and radio wave security code. Once a home or car owner presses a remote control to open a garage door or unlock a car from a distance, the code grabbing device scrambles to find the code. Once the code is in hand, the criminal can gain easy access to a home or car. Sexual conduct The bill also would expand the definition of fifth-degree criminal sexual conduct to include instances where a person is forced to touch a perpetrator's intimate body parts. The provision, sponsored by Rep. Bill Macklin (R-Lakeville), was prompted by a Dakota County case in which prosecutors couldn't charge an offender because such a provision was not in the law. Indecent exposure It would be a felony to commit a second indecent exposure offense in the presence of a minor under age 16. Under current law, the penalty is a gross misdemeanor regardless of how many times the offense is repeated. The maximum penalty would increase from a one-year jail sentence and a $3,000 fine to a five-year prison sentence and a $10,000 fine. Expunging criminal records It would be more difficult for people to conceal an arrest or conviction record under provisions in the bill sponsored by Rep. Phil Carruthers (DFL- Brooklyn Center). People petition the courts to have their records expunged for a variety of reasons -- some were arrested but never charged, others were charged but found not guilty. There are also cases where an individual who was found guilty wants the record sealed for personal or employment reasons. Law enforcement agencies and prosecutors generally oppose the practice because it takes records and information out of the system that could provide leads in current and future criminal investigations. Currently, there is no definition on the books and the provision tries to address some existing case law that allows judges to return records to defendants or have them destroyed. Under the measure, expungement would be defined as sealing a record and opening it only under a court order or statutory authority. It would not include the complete destruction of arrest or conviction records. The process would apply to both arrest records and criminal conviction records. If charges are dismissed for lack of probable cause or if a prosecutor and a grand jury decline to file charges or return an indictment, arrest records are returned at the demand of an arrested person. Other arrest records may be sealed if the proceedings were resolved in favor of the arrested person. The burden of proof would rest on the government to show, by clear and convincing evidence, why the records should not be sealed, under the proposed law. Penalizing domestic abusers Minnesotans convicted more than once of domestic assault would be more severely penalized. The proposal, sponsored by Rep. Tim Pawlenty (R-Eagan), requires that anyone convicted of gross misdemeanor domestic assault must be sentenced to a mandatory minimum of 20 days in jail, with eight of them required to be served continuously. Those convicted of felony domestic assault would be required to spend at least 45 days in jail, 15 of them consecutively. Pawlenty noted that prosecutors across Minnesota are concerned about "lenient or inconsistent" treatment of repeat domestic assault offenders. Current law mandates a minimum of 30 days in jail for repeat convicted drunk drivers, but there is no mandatory minimum jail term for Minnesotans convicted more than once of domestic assault. Research done by the Minnesota Coalition for Battered Women has found that most residents convicted of domestic assault receive supervised probation sentences with little or no jail time. According to supporters of the provision, the system is failing to hold domestic abusers accountable at the expense of battered women and their children. -- Joel Larson DWI Omnibus DWI bill A bill that makes it illegal for citizens to drive an automobile or fly an airplane with any amount of certain controlled substances in their systems passed the House Ways and Means Committee March 27. The bill, sponsored by Rep. Matt Entenza (DFL- St. Paul), would apply to Level I and Level II controlled substances which include most street drugs and are classified among the most addictive narcotics, stimulants, and depressants. Under the bill (HF2779/SF2340*), drivers would be charged with a DWI if any amount of a Level I or Level II drug was found in their bodies. A typical scenario could work like this: 1) a driver is stopped after an officer suspects he or she is impaired; 2) the driver is given a field sobriety test and then a breathalyzer test, but no alcohol is registered; 3) the officer still suspects the driver is impaired by something; and 4) the officer arrests the individual and seeks a blood or urine test. Law enforcement wouldn't have to prove the persons driving or flying abilities were strictly impaired only that the drug was found in their system. The bill also directs the Peace Officer Standards and Training Board to develop a plan to train a "sufficient" number of officers as Drug-Recognition Experts (DRE) to ensure they are available statewide each day to evaluate suspected drug- impaired drivers. The test administered by DRE officers is separate from the preliminary field test performed on the side of the road. After a patrol officer stops a driver, performs a field test, and suspects the driver is under the influence, the driver could then be taken to a police or highway patrol station where a more extensive physical test would be performed by a DRE officer. Some of the bill's other provisions would create a new gross misdemeanor crime for violating DWI laws while driving without insurance and provide a longer waiting period before a minor, who has committed a DWI offense, is issued a limited driver's license for work or postsecondary school. Current law states that a minor must wait 15 days for a limited license if it is the person's first DWI offense; 90 days if it is the offender's second, assuming the minor agrees to take the breathalyzer test. Under the bill, the waiting periods would double. The bill now heads to the House floor. ELECTIONS Public official recall A bill the House passed March 26 would place a constitutional amendment on the November 1996 ballot for voters to decide if errant state officials should be subject to recall. The vote was 115-17. The bill (HF343), sponsored by Rep. Betty McCollum (DFL-North St. Paul), would give voters an opportunity to force a recall election for legislators, constitutional officers, and district court judges. A successful amendment sponsored by Rep. Jim Farrell (DFL-St. Paul) also adds a state supreme court or court of appeals judge to the list. "This bill allows voters to recall an elected official for any act of malfeasance or nonfeasance," said McCollum. Other grounds for recall would be if an official has been convicted of a "serious crime," defined by the bill as a gross misdemeanor. (See March 22, 1996, Session Weekly, page 6) Under the bill, a citizen petition to recall a state official would be reviewed by the Minnesota Supreme Court. A public hearing would be held to determine whether a petition for signatures should be granted. If it's found to be valid, a petition signed by 25 percent of the total eligible voters in the accused elected officer's district would force a recall election. A successful amendment by Rep. Ron Abrams (R-Minnetonka) would make anyone bringing a petition that is dismissed by the court financially responsible for the court's proceedings. Should the accused public official secure an attorney for the hearing process, the court may make the petitioners pay "reasonable attorney's fees and expenses incurred" by the official if the petition is dismissed. Those bringing a petition may also be required to file a bond for amounts that may be assessed by the court. An amendment added by Majority Leader Phil Carruthers (DFL-Brooklyn Center) addresses vacancies for a statewide office. If a vacancy occurs between Aug. 1 and Sept. 30, or after the adjournment of a two-year legislative session, the special election would be held on the Tuesday following the first Monday in November. HF343 now moves to the Senate for consideration. Fusion candidates A bill setting the framework for fusion candidates to appear on the ballot -- those nominated by more than one political party -- is headed for the governor's desk. The measure (HF3123/SF2720*), sponsored in the House by Rep. Gene Pelowski (DFL-Winona), comes in the aftermath of an Eighth U.S. Circuit Court of Appeals decision issued in January. The court found state law forbidding fusion candidates on the ballot to be unconstitutional. The bill would allow more than one nominating party to be listed under a candidate's name on the ballot. With or without the bill, fusion candidates would still have to be allowed under the court decision. Such candidates could have their names appear two or more times -- once for each nomination they accept -- if no new law is passed. The state is expected to appeal the court decision to the U.S. Supreme Court, but a decision by the court before the fall 1996 elections is unlikely. Should the Supreme Court grant a stay or overturn the lower court decision, the state would revert to existing law barring fusion candidacies, under the bill. The measure would allow a candidate to be listed as the nominee of one major party along with one or more minor parties or as the nominee of multiple minor parties. The candidate and the state chairperson of each nominating party would have to approve a fusion candidacy. A single candidate would not be allowed to be listed as the nominee of more than one major party. The bill received final passage in the House March 28 on a 131-2 vote. It passed the Senate one day earlier on a 59-1 vote. Candidate leave vetoed Gov. Arne Carlson vetoed a bill March 26 that would have ensured that public employees who run for elected office are not required to take unpaid leave from their jobs. Under current law, state employees are allowed to run for office without taking unpaid leave, but there is no state law providing the same right to local government employees. At least 18 of Minnesota's 87 counties force employees to take unpaid leave if they become a candidate for office, according to House bill sponsor Rep. Don Ostrom (DFL-St. Peter). That means lost wages and benefits for those employees, Ostrom said, and private sector workers face no such penalties for seeking office. Carlson vetoed a similar bill in 1995. While he acknowledged that the authors of this year's measure "worked diligently to address the most objectionable portions of last year's bill," the governor believed that a fundamental problem remained. "Simply put, the state should not unnecessarily interfere with decisions better left to locally elected officials," Carlson wrote in his veto message. Employees should be allowed to run for office without taking leave as long as they can keep their campaign and job separate, Carlson wrote. But, he added, there are situations where an employee's campaign would be disruptive to the workplace. "Locally elected officials should be able to keep the latitude they now have to establish policies suited to the local circumstances," Carlson wrote. If citizens have concerns about the issue, they can take it up with the local officials, he added. Sen. John Hottinger (DFL-Mankato), sponsored the bill in the Senate. HF2549/SF2267*/CH368 Lobbying prohibition vetoed Gov. Arne Carlson has vetoed a bill to prohibit the use of money raised through the state's political contribution refund program for lobbying purposes. Under the program, created by the Legislature in 1990, an individual can give up to $50 to a candidate or political party, obtain a receipt for the donation, complete a form from the Department of Revenue, and get the cash back from the state. Married couples can contribute up to $100 and get it back. The program costs the state about $5 million per biennium. Carlson said the effect of the bill would be to prohibit legislators or constitutional officers from sending out legislative questionnaires "or other communications designed to influence public policy." He called such restrictions "unreasonable." The governor said if the authors of the bill are offended by the political use of money raised through the state's political contribution refund program, they should "send [him] a bill to repeal the whole program." The proposal was sponsored by Rep. Roger Cooper (DFL-Bird Island) and Sen. Doug Johnson (DFL-Cook). HF1106/SF1086*/CH375 EMPLOYMENT Paying poverty wages Many Minnesota businesses would have to pay employees at least $7.28 per hour, including benefits, under a bill passed by the House March 27. The proposal (HF2562/SF1997*), sponsored by Rep. Karen Clark (DFL-Mpls), passed on a vote of 78-55. Under the poverty wage bill, medium and large companies that get $25,000 or more in state aid through loans, grants, or tax increment financing (TIF) must pay employees at least $7.28 per hour. That is the current annual federal poverty level guideline for a family of four. The bill aims to combat poverty by ensuring that employees of state-subsidized companies get paid enough, so they don't require other state assistance. The bill exempts small businesses and most nonprofits. A heavily debated amendment by Rep. Ron Abrams (R-Minnetonka) removed a provision from the bill that exempted TIF districts that are classified as redevelopment or renovation districts. The provision, now gone, would have exempted 51 of 52 TIF districts in Minneapolis. It would have exempted a smaller proportion of TIF districts in areas outside of Minneapolis. "What this is, is social engineering at its worst," said Abrams, who has been a vocal critic of the way Minnesota has managed TIF districts. "If [paying a poverty wage] is good enough for Plymouth, for Detroit Lakes, for Worthington, it's certainly good enough for Minneapolis." A conference committee will negotiate differences with the Senate version of the bill. ENVIRONMENT Environmental funding The House passed the environment and natural resources finance omnibus bill March 26. The proposal (HF2512/SF2167*) passed on a 126-5 vote. The $10.5 million measure emerged from a conference committee with $2.4 million more than the bill passed originally by the House. It includes a Senate provision that increases state park fees, an increase in the amount of money for an off-road vehicle park on the Iron Range and $500,000 more for state resources. Under the bill, the annual state park fee will increase from $18 to $20 for most people and from $12 to $20 for senior citizens. Those fee increases plus a hike in campground permit fees will raise an extra $325,000 annually for state parks. The bill does not include an increase in fees for disabled park users, as originally proposed by the House. Sponsored by Rep. Chuck Brown (DFL-Appleton), the bill also includes $1.3 million for an off-road vehicle park in Gilbert, Minn. The House originally proposed $850,000 for that purpose. The bill does not include a House provision that would have allowed non-domestic corporations to own forestry land in Minnesota. Currently, a foreign company in Minnesota cannot acquire agricultural land, under most circumstances. The provision, which aimed to help Grand Rapids-based Blandin Paper Co., was included in a separate bill (HF3146/SF2760*) that was signed into law. Other provisions in the bill include: Timber damage The northern Minnesota counties of Aitkin, Becker, Clearwater, Hubbard and St. Louis would get a total of $250,000 in fiscal year 1996 to repair damage from thunderstorms that struck in July 1995. The money would be used to reimburse costs incurred in such areas as timber damage, cleanup, reconstruction, and debris removal. An estimated 250,000 acres in northern Minnesota were hit, including state, county, federal, and private lands. One hundred seventy-five miles of roads were destroyed in the process. The storms ranged from an area west of Itasca State Park eastward through Clearwater County to south of Grand Rapids. The DNR has estimated that $22.5 million worth of timber was lost or damaged. Nearly one-half of the annual wood supply needed by the state's forest industries was damaged or destroyed, the DNR has said. The DNR also would get $240,000 under the bill to pay for unexpected clean-up costs associated with the 1995 storm. State park management The bill appropriates $350,000 in fiscal year 1997 for state park and recreation management. The money will fund the establishment of an electronic state park permit tracking system. The provision also raises state park permit fees for various users. The DNR expects to raise $325,000 through increased fees by June 30, 1997. Solid waste The Pollution Control Agency (PCA) will get $779,000 through fiscal year 1997 to study water quality. The study targets "point source" pollution activities. The appropriation is an increase from the $689,000 appropriation contained in the original House bill. All-terrain travel The state would spend $1.35 million to develop an all-terrain vehicle recreation area in the city of Gilbert, Minn. Brown's original bill contained an $850,000 appropriation for an all-terrain vehicle recreation area to be located on the Iron Range. The bill also calls for the commissioner of natural resources to complete a long-range plan that spells out trail maintenance needs and accompanying costs through 2025. Dairy farms A total of $150,000 would be used to help both big and small dairy farmers under the bill. The money would help supply new technologies to dairy farmers. A board of farm business instructors, extension specialists and dairy industry representatives would help to administer the technology. The Dairy Producers Board would be charged with reporting on the program to the Legislature by Jan. 15, 1997. Beaver damage Local governments affected by beaver damage would share $75,000 to study statewide beaver damage. The appropriation, which requires an equal match by the Beaver Damage Control Joint Powers Board, is less than half the $300,000 appropriated in the original House bill. Beaver dams in ditches, rivers, and coulees have created flooding in the flat terrain of northern Minnesota. Last year, Gov. Arne Carlson vetoed a $150,000 appropriation for the joint powers board. Alfalfa A total of $200,000 is appropriated under the bill for research and development relating to alfalfa production. The appropriation is four times the amount contained in the original House bill. The money would go toward developing alfalfa varieties that have optimal energy and protein levels as well as the development of value-added alfalfa products. The University of Minnesota, the Agricultural Utilization Research Institute, and other public and private groups would be involved in the research. Pest control An urban, integrated pest management development and promotion program would be created with Metropolitan State University at a cost of $75,000, under the bill. The goal of the program is to promote integrated pest management in urban areas. Environmental justice A total of $20,000 will help the Environmental Quality Board study the concept of "environmental justice." Originally proposed as HF1661 by Rep. Karen Clark (DFL-Mpls), the study would explore the equitable or inequitable distribution of environmental efforts among different socioeconomic and ethnic groups. The board would issue a report to the Legislature by Jan. 1, 1997. About 38 other states are considering similar legislation in an effort to get federal funding for community-based projects that address environmental equity, Clark has said. President Bill Clinton issued an executive order in 1994 urging states to explore the concept of environmental justice. River basin funding The bill calls for $125,000 in continued funding for the Minnesota River Basin Joint Powers Board. The 37-county board is charged with keeping the river clean through public education and local environmental projects. It was established more than a decade ago when the DNR found that the river exceeded acceptable phosphorous and nitrate levels. Rep. Tom Osthoff (DFL-St. Paul) asked why the joint powers board couldn't be financed by the 37 local municipalities instead of the state. DNR officials have said the state has a history of financing joint powers boards, such as the North Shore Management Board. In addition, efforts by the 37 counties help hold sewage treatment costs down in the metro area, said Ron Nargang of the DNR. Fighting river sedimentation Morrison County would get $75,000 to study and propose a solution to accelerated sedimentation along the eastern shoreline of the Mississippi River. The University of Minnesota would use the money at its St. Anthony Falls laboratory. The appropriation is $25,000 less than the amount appropriated in the original House bill. Minnesota resources Projects aimed at preserving the state's resources would get $4.8 million under the bill. The appropriation is about $500,000 more than the provision contained in the original House bill. The larger appropriations fund the development of recreational land. A total of $1 million would fund the development of metro-area parks. Another $1 million would go for state park and recreation development and $895,000 for local grants for the same purposes. A total of $410,000 is earmarked for development of the Chippewa County Regional Trail. Other items include a $360,000 joint project between the PCA and the DNR to develop an Internet program aimed at increasing public access to information. The state's Reinvest in Minnesota program, which aims to acquire and preserve wetlands and other conservation lands, would get $750,000 under the bill. Reimbursing the state A new state law, effective March 27, 1996, will help the state collect more insurance money to cover the costs of cleaning up contaminated landfills. The law repeals portions of a 1994 law which simplified the cleanup of contaminated landfills. The law came after a rash of lawsuits were filed in connection with the contaminated Oak Grove landfill just north of the Twin Cities. That law took the responsibility for cleaning up contaminated sites away from landfill users and made the state responsible. But the attorney general's office found the 1994 law brought many problems, especially in recovering costs from insurance companies. Under that law, the state would determine an insurance company's liability in a contaminated landfill case by using general statewide market share percentages. For example, the state would determine that an insurance company owed 25 percent of the costs of cleaning up a given landfill because 25 percent of that company's business was in business liability insurance. The insurance company, in some cases, would then argue they weren't libel because none of their market share included landfill operators. The new law, carefully negotiated between the attorney general and the insurance industry, establishes a new process. Instead of using market share to determine what an insurance company should pay, it addresses each contaminated landfill on a case-by-case basis to determine liability. Proponents say this will make it easier for the state to recover cleanup costs from insurance companies. The case-by-case approach means extra work for the attorney general's office. A total of $689,000 is included in the omnibus environment and natural resources finance bill (HF3231/SF2167*) to cover the additional costs. That proposal is pending before the governor. The new law was sponsored by Rep. Jean Wagenius (DFL-Mpls) and Sen. Steve Morse (DFL- Dakota). HF2588*/SF2120/CH370 Outbreak A new law, effective May 1, 1996, will help the Department of Natural Resources better contain the spread of harmful exotic species. The measure will create a general description in law applying to all exotic species defined as a wild animal or an aquatic plant that can naturalize and possibly threaten native species and natural resources. Previous law prohibits the transporting of only Eurasian water milfoil. Since, according to DNR officials, distinguishing between the different types of milfoil is nearly impossible, the DNR did not issue any tickets for illegal transport last year. The law also prohibits (with limited exceptions) the transport of all aquatic plants, including transport on public highways, an area not covered by existing law. There is an exception for incidental transport of aquatic plants on decoys used during waterfowl hunting season. The law does not apply to mammals and birds defined by statute as livestock. The proposal was sponsored by Rep. Loren Jennings (DFL-Harris) and Sen. Len Price (DFL- Woodbury). HF2379/SF2503*/CH385 GAME AND FISH New turkey stamp A new law will help boost the state's wild turkey population through additional license fees paid by hunters. Effective March 1, 1997, the state's approximately 12,000 wild turkey hunters will be charged an extra $5 each year. Under current law, turkey hunters apply for a permit with the Department of Natural Resources (DNR). The extra charge will be for an additional stamp that turkey hunters must purchase. (A similar stamp now exists for those who wish to hunt migratory waterfowl or pheasant.) About 90 percent of the funds raised by the new turkey stamp will go to the DNR for expanded wild turkey research and habitat preservation. Although the bird is thriving in parts of south central Minnesota, wild turkeys are non-existent in other areas of the state. House sponsor Rep. Tom Hackbarth (R-Cedar) has said that some turkey hunters were especially concerned, having heard that the DNR considered reducing the amount of funds going toward wild turkey research and habitat development in outstate areas. The proposal was sponsored in the Senate by Sen. Gene Merriam (DFL-Coon Rapids). HF1964/SF1775*/CH364 GOVERNMENT State government finance law The House passed a $9.5 million state government omnibus bill March 21 which Gov. Arne Carlson has signed into law (with the exception of one section). The law includes minor changes to the bill originally passed by the House. Those changes include an increase of $2.1 million for a statewide computer system and $200,000 more for the Department of Human Rights. Items that were dropped in conference committee include a provision which would have required metal shredding companies to get an environmental impact statement before building such a plant. The provision was aimed at a controversial plan for a kondirator project along the Mississippi River in north Minneapolis. Another provision left out of the bill, proposed by Rep. Mike Osskopp (R-Lake City), would have fined state agencies 10 percent of their budget if they did not follow laws. Carlson line-item vetoed a $50,000 study that would have addressed both the pending kondirator project and the University of Minnesota's controversial plan to refurbish a steam plant along the Mississippi River. The bill was sponsored by Rep. Tom Rukavina (DFL-Virginia) and Sen. Gene Merriam (DFL-Coon Rapids) HF3214/SF2857*/CH390 Statewide information system Under the law, a one-time appropriation of $6.4 million will be made to fund a statewide operating system. The appropriation will fund updates to computer software and hardware in the state's new operating system, which was put into place this year. The original House bill appropriated $4.3 million. Target Center The law aims to increase the state's use and efficiency in paying for the use of the Target Center. The provision appropriates $750,000 to the Amateur Sports Commission -- a state board -- to enter into agreements with the Target Center that stimulate local, national and international amateur sports. The provision also attempts to limit the amount of ancillary costs incurred by the state by allowing the commission to resell reserved dates when necessary. Currently, the commission, which reserves dates at the center for state-sponsored activities, cannot resell reserved dates and must pay for operating costs whether or not an activity takes place on a reserved date. Celebrating emancipation June 19, the date officially celebrated in other areas of the nation as Juneteenth, will become a day of recognition in Minnesota, under the law. Juneteenth is observed as the day the Emancipation Proclamation was first publicly read in Texas in 1865. Initially proposed by Rep. Richard Jefferson (DFL-Mpls) as HF1889, the provision will add Juneteenth to the list of state days of recognition such as Arbor Day and Ethnic American Day. It will not be an official state holiday. Year 2000 project A total of $1.25 million will fund the governor's Year 2000 Project. About 80 percent of the computer programs used by the state will require modifications when the year changes from 1999 to 2000. Many computer programs cannot perform arithmetic operations or sort data fields when working with years outside of 1900 to 1999. Remembering suffrage The women's suffrage movement, which observed its 75th anniversary last summer, will be commemorated in a memorial garden on the grounds of the Minnesota State Capitol. The proposal will use $250,000 in conjunction with $50,000 in private dollars. The private money will be used for plaques, benches, and educational materials to be distributed in connection with the memorial garden. Plans call for the garden to be constructed on a 100-foot-by-150-foot section of land that is south of Constitution Avenue near Cedar Street, close to the location of the 1996 Winter Carnival ice slide. Technology provision in budget The law requires the governor to submit a separate information technology expenditure as part of the biennial budget. The new component of the budget will include detailed recommendations on the state's technology initiatives for the current and following biennium. It also will require the governor to prioritize each project. Clearing the backlog The Department of Human Rights will get $300,000 this biennium to clear its backlog of cases. Originally proposed as HF3083 by Rep. Matt Entenza (DFL-St. Paul), the provision originally appropriated $100,000 to solve the problem, which was the subject of a January report by the Office of the Legislative Auditor. The report found the department had not processed discrimination complaints in a timely manner and had not effectively used the department's case-tracking system. Claims against the state A new law will pay individuals who have claims against the state for everything from overdue war veteran bonuses to injuries sustained while performing community service work. The law, effective March 22, 1996, totals about $97,000. It also appropriates $4,180 to a Grygla, Minn., individual who overpaid tax on an airplane in 1989 and another $4,000 to one individual who spent $8,000 to build a useless stone wall to prevent erosion based on erroneous information from the Department of Natural Resources. The remaining $4,000 will come from the department's existing budget. 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 measure, sponsored by Rep. Edgar Olson (DFL-Fosston) and Sen. Randy Kelly (DFL-St. Paul), contains claims that range from $7.50 to $4,180. Most of the claims contained in the new law apply to the Department of Veterans 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 law appropriates about $80,000 for the bonuses. Other funds in the bill include $7,120 for pre- paid claims against the Department of Corrections as well as for three people who were injured while performing court-ordered community work. HF3217*/SF2835/CH360 Legislative auditing A bill relating to the duties of the Office of the Legislative Auditor was vetoed by Gov. Arne Carlson. "[This] bill unreasonably and substantially expands the scope and power" of the office, Carlson wrote in his veto message. "This is a deliberate attempt to shift power and responsibilities away from the judicial and executive branches to the Legislature while passing it off as non- controversial." But where the governor sees major changes, Rep. Ann Rest (DFL-New Hope), House sponsor of the bill, sees only a codification of existing practices where current law is vague. The bill would have provided an appointment process for the auditor and the office's deputy auditors, addressed data privacy issues, and explicitly stated the duties that the legislative auditor already has been conducting at the request of the Legislature. Carlson's mainly objected to a provision saying the auditor may perform a program evaluation of "any organization in the executive or judicial branches of state government" or the University of Minnesota. The governor called the provision "a dangerous threat to the distribution of powers" outlined in the state constitution. Rest said the authority has been in law since the Office of the Legislative Auditor was created in 1973. "No agency activity or court function which uses taxpayer dollars is exempt from evaluation and this duty has nothing to do with the constitutional separation of powers," Rest said. The proposal was sponsored in the Senate by Sen. Phil Riveness (DFL-Bloomington). HF2845/SF2418*/CH350 No environmental assessment Gov. Arne Carlson has line-item vetoed a $50,000 study that would have addressed two pending projects near the Mississippi River in Minneapolis. The omnibus state government finance bill contained a provision calling for the state's Environmental Quality Board (EQB) to assess two situations. The first was to determine whether a metal shredding plant near the river was compatible with "tourism and other non-industrial uses" of the land which has been designated "an area of critical concern." Although unnamed by the legislation, the provision was targeting a specific kondirator, or metal-shredding plant which is pending along the river in north Minneapolis. Secondly, the bill called for the EQB to study the environmental and health effects of burning coal "within or near residential areas of large urban centers." The provision is directly related to the University of Minnesota's controversial plan to refurbish a steam plant on the Mississippi riverfront. Some members have cited the potential environmental danger of coal-burning facilities as a need for further study and a reason to favor alternative energy-generating technologies. Others have said the issue has been studied enough. The remainder of the bill was signed into law. The law was sponsored by Rep. Tom Rukavina (DFL-Virginia) and Sen. Gene Merriam (DFL-Coon Rapids). HF3214/SF2857*/CH390 No planning report A bill calling for the St. Cloud area planning organization to provide a report and recommend legislative action to state lawmakers was vetoed by the governor. The bill outlined specific areas of study to be addressed, including regional land use and coordination and the feasibility of a tax-base sharing program for the region. The proposal applied to Benton, Sherburne, and Stearns counties. Gov. Arne Carlson called the bill an "unnecessary first step to take." He said the "bill amounts to legislative micro-management of the region, while ignoring the many cooperative agreements that are already in place to deal with jurisdictional problems." The proposal was sponsored by Rep. Joe Opatz (DFL-St. Cloud) and Sen. Dave Kleis (R-St. Cloud). HF2330*/SF2107/CH379 HIGHER EDUCATION Omnibus bill passes A $16 million higher education funding bill on its way to the governor would require changes in the tenure code for the University of Minnesota (Uof M) academic health center. The bill (HF3239/SF2849*) would provide supplemental funding for the state's higher education institutions, including the U of M and the Minnesota State Colleges and Universities (MnSCU) system. The conference committee version of the bill won final passage in the House March 22 on a 118- 12 vote. The Senate passed it March 21 on a 56-5 vote. The bill was sponsored by Rep. Tony Kinkel (DFL-Park Rapids) and Sen. LeRoy Stumpf (DFL- Thief River Falls). The measure would devote a total of $9 million to the U of M. Under the proposal, the state would spend $6.6 million to restructure the academic health center, but the money would be contingent upon specific performance goals. The academic health center includes the medical school and dentistry, public health, nursing, and veterinary programs. Funds for the center would be used to improve technology and update curriculum. Ninety percent of the academic health center appropriation -- about $5.9 million -- would be contingent on the U of M making changes to the personnel policies in the center. The bill states that the Legislature "requests" that the school pursue changes in the tenure code for the academic health center without infringing on academic freedom. Critics say the tenure code is often used as a job protection device that drains resources from academic programs. Specifically, U of M trustees would have to allow for changes in base salary for health center faculty and provide streamlined procedures for their separation. The remaining 10 percent of the $6.6 million for the academic health center would be earmarked for the University of Minnesota-Duluth (UMD) medical school. But the money would hinge on the continued development of the medical school as a rural health center, which aims to produce more medical professionals to serve rural areas. Under the bill, UMD would have to expand the training of rural nurse practitioners, pharmacists, physician assistants, and general practitioners. The school also would have to develop electronic links to facilitate video conferences and the transmission of images and other information. Another $2 million included in the bill would be used for interactive communications technology to link academic health center facilities in Minneapolis, St. Paul, and Duluth and other community-based sites. The bill also includes a total of $5.3 million for the MnSCU system. Most of the money would be used to bolster technology on the campuses. Under the measure, about $4.5 million would be made available for grants for the use of technology to improve learning in the classroom. Grants of up to $250,000 would be awarded to state colleges and universities on a competitive basis. A review panel, including faculty, students, and a member of the Minnesota High Technology Council would decide who receives the grants. Both the governor and lawmakers have established technological upgrades at educational institutions -- at all grade levels -- as a high priority this year. Also, the bill includes $800,000 for the U of M and MnSCU to initiate a joint project that would aim to coordinate distance learning efforts and improve such programs. Other provisions of the bill would: -- devote a total of $1.5 million to increase living and miscellaneous allowances in state grants for college students; -- provide $150,000 to establish a statewide on-line library system. The proposal would fund a library planning task force whose goal would be to set up an on-line system to serve colleges, public libraries, and public schools; -- spend $150,000 to update the technology used in the state's six regional farm business management programs, which aim to help farmers learn business skills and improve profits; and -- provide $50,000 to repay college loans for graduates of Minnesota law schools who practice low-paying, public-interest law. The bill requires the private bar to match the state funds for loan repayments. HOUSING Interest on deposits Effective March 22, 1996, damage or security deposits held for tenants by landlords will not accrue as much interest. Previously, the annual interest rate for such deposits was 4 percent, which is a full percentage point above what most banks are offering for savings accounts. Under the new law, landlords must pay only 3 percent interest on a tenant's security deposit. Should the law remain the same in the year 1999, the interest rate would climb to 4 percent. This provision would be subject to review by the 1998 Legislature. The proposal was sponsored by Rep. Loren Jennings (DFL-Harris) and Sen. James Metzen (DFL- South St. Paul). HF2672*/SF2135/CH357 HUMAN SERVICES Omnibus human services bill Gov. Arne Carlson vetoed a $12.5 million health and human services supplemental budget bill March 26. Lawmakers can attempt to override the veto, which requires a two-thirds vote in both bodies of the Legislature. That means 90 votes in the House and 45 votes in the Senate. Minority Leader Steve Sviggum (R-Kenyon) has said such an effort will fail in the House. "We will support the governor," he said. The bill wasn't considered large in terms of dollar value, but it contained policy changes as well as money for a variety of programs. It would have set aside $4.7 million to restore cuts to two programs that help people with disabilities live independently at home instead of in an institution such as a group home or nursing home. The bill also would have spent another $5 million on nursing homes and attached a 30-day residency requirement for some welfare recipients who receive Aid to Families with Dependent Children (AFDC), Medical Assistance (MA), General Assistance (GA), or General Assistance Medical Care (GAMC). Carlson cited several reasons for his veto. Among them, the governor said the bill failed to set aside money for medical education and research. He had requested $10 million. Instead, the bill permitted the Department of Health to set up a trust fund to pay for medical education and research grants necessary to keep Minnesota up-to-date in medical care. The measure appropriated no money but directed a task force to study the potential sources of funding for a trust fund. Recommendations were to be forwarded to the Department of Health and the Legislature by Dec. 15, 1996. Carlson was also dissatisfied that the bill did not move quickly enough to transform the state's MA program for the poor into a prepaid managed care system. Managed care is a method of health care that tries to cut costs by channeling patients to a limited network of doctors and other health care workers. The care is regularly reviewed to determine whether it is appropriate and necessary or whether medical procedures are being overused or underused. Health Maintenance Organizations (HMOs) are probably the most common examples of managed care. The governor wants all counties to participate in what is known as the Prepaid Medical Assistance Plan (PMAP) which has been piloted in several counties, including Hennepin, Ramsey, and Dakota, for several years. Under the plan, the state contracts with a select group of competitive health plans and pays them a fixed monthly rate to care for each enrolled MA recipient. Among other factors, the rate paid by the state per enrollee depends on the person's age, gender, and county of residence. Currently, the state runs the PMAP system and directly negotiates contracts with health plan companies. The bill, however, didn't go as far as the governor would have liked. Instead of mandating that all counties participate right away, it gave counties the option to experiment with a managed care pilot project for their citizens who receive MA, GAMC, and MinnesotaCare. If a county chose not to participate, PMAP may have been implemented by Oct. 1, 1996. The bill also would have allowed each county to run its own managed care health program, solicit competitive bids from health care companies, and negotiate contracts with the health plans it selected. Carlson not only objected to the optional language in the bill regarding county participation, he opposed the idea of each county managing its own program. "With such a large group of health care consumers, we could expect a great deal of competition among providers, which would result in the highest quality of care for our most vulnerable citizens. Instead, this bill suggests that we should fragment our purchasing power across county demonstration projects," Carlson stated in his veto message. Under the current MA fee-for-service program, citizens can choose their own doctors as long as the physician is approved by the state to treat MA patients in addition to their other clientele. PMAP not only could limit the doctor selection for MA patients, it could put a dent in the practices of some physicians. Since MA patients under a managed care system could only see doctors affiliated with the approved HMO, those physicians not affiliated would likely see their practice diminish. The proposal was sponsored by Rep. Lee Greenfield (DFL-Mpls) and Sen. Don Samuelson (DFL-Brainerd). HF2818*/SF2308/CH393 METRO AFFAIRS Eliminating a perk Prominent Minnesotans who for years have enjoyed free, heated, valet parking at Minneapolis- St. Paul International Airport have lost that privilege under a new state law. About 100 people, including a handful of prominent Minnesota politicians, were on a Metropolitan Airports Commission list of those who could park free in a heated underground garage anytime they had business at the airport. The law, effective March 26, 1996, states that the commission may only provide free airport parking to people who are attending a commission meeting or performing volunteer work at the airport. The commission also must keep records of who receives free parking, the value of that parking, and the purpose for which the person received free parking. Sen. John Marty (DFL-Roseville) sponsored the proposal in the Senate. HF2321*/SF2339/CH378 TRANSPORTATION Free driver's license The state would provide a money-back guarantee that driver's licenses will be issued in a timely manner under a bill passed by the House March 27. The vote was 117-14. HF2895, sponsored by Rep. Phil Carruthers (DFL- Brooklyn Center), would require a refund of the fees paid by qualified applicants if they don't receive a driver's license or Minnesota I.D. card within six weeks. Gov. Arne Carlson vetoed similar legislation last year, saying the bill was unnecessary because the delays which prompted it had been resolved. "Unfortunately, since then, we've found the department has continued to have problems," Carruthers said. The bill, he added, would "push them" to get the licenses out more quickly. The bill now goes to the Senate. (See Feb. 2, 1996, SessionWeekly, page 17 and Feb. 23, 1996, SessionWeekly, page 20) Single plate policy A new law for old cars sped to passage this session. The law, sponsored in the House by Rep. Richard Pellow (R-New Brighton), allows owners of antique automobiles to display a single original license plate on the rear of the vehicle if the plates were issued in 1911, 1944, 1945, or 1946. In these years, the state issued only single plates, said Pellow. State efforts to conserve scrap metal led to the single-plate policy. Previously, the law only allowed owners of antique automobiles to display original plates, if in good condition. However, another law that requires two plates to be displayed superseded the original plate law, leaving behind owners of vehicles made in the single-plate years. Owners of antique automobiles wanted the change in the law so they don't have to attach new plates, which reduce the vehicles' authenticity and aesthetic value. The law, effective Aug. 1, 1996, was sponsored in the Senate by Sen. Paula Hanson (DFL-Ham Lake). HF2098/SF1793*/CH345 VETERANS Gulf War bonuses The House approved a proposed constitutional amendment March 28 that would permit the state to pay Persian Gulf War veterans monetary bonuses. The vote was 130-0. If HF532 passes the Senate, voters would be asked the following question on the ballot next November: "Shall the Minnesota Constitution be amended to permit the payment of bonuses to veterans of the Persian Gulf War?" Bill sponsor Rep. Betty McCollum (DFL-North St. Paul) said the state should provide the bonuses to show support for those who served their country. Some members expressed concerns of equity, asking if the proposed constitutional amendment would set a standard for citizens who served their country in Granada, Somalia, Bosnia, Panama, and other foreign endeavors in which the U.S. armed forces have engaged. McCollum said she respected those concerns, but said the Gulf War is distinct from these examples because it was formally declared by the United States Congress. Historically, the Legislature has recognized veterans' service in major wars, for example, World War I, World War II, the Korean War, and the Vietnam War. Wars of a smaller scale -- the North Russia Expedition of 1918-19; Nicaragua, 1927-32; the Dominican Republic, 1956-66; and Lebanon, 1982-84 -- have not been recognized. If the voters approve the constitutional amendment, the Legislature would decide the amount and method of the payments in a subsequent session. The proposal now goes to the Senate. More bill listings É 1996 House files incorporated into other bills Editor's note: This is the third installment of an unofficial listing of House files that have been incorporated into other bills. Ongoing floor and conference committee action may well alter the makeup of these bills before they reach the end of the legislative process. In many cases, the language found in the major bills may not be exactly as it appears in the original House files. The list was compiled by the House Public Information Office from a variety of sources, including committee administrators, committee legislative assistants, researchers, and fiscal analysts. An asterisk after a House or Senate file number indicates the version of the bill under consideration. If you're interested in following conference committee action (and have access to e-mail), you can subscribe to a service that will automatically e- mail an updated schedule of meetings. To subscribe, simply address your e-mail message to: listserv@hsched.house.leg.state.mn.us In the body of the message, enter: subscribe h-schedules If you have questions, call the House Public Information Office, (612) 296-2146, or the Senate Information Office, (612) 296-0504. HIGHER EDUCATION As of 3/28/96 Omnibus higher education supplemental appropriations bill HF3239/SF2849* (Kinkel) HF1170 (Kelley) Higher education consortium established to assess learning needs, open learning institution studied, and money appropriated. HF2212 (Rostberg) Deceased volunteer firefighter survivor benefits provided to dependent children. HF2874 (Kelso) Law school loan repayment assistance program established, and money appropriated. HF2896 (Leppik) Permanent university fund financial conditions removed. HF2960 (Orenstein) Work skills update program demonstration provided, and money appropriated. HF3136 (Kelley) Statewide online information system established serving state colleges, universities, state government, and public school and private college libraries, and money appropriated. HF3238 (Kelso) University of Minnesota appropriated money for academic health center and biomedical engineering institute. INSURANCE As of 3/28/96 Omnibus department insurance bill HF2378/SF1980* (Osthoff) HF219 (Murphy) Lyme disease treatment coverage required by health plans. HF623 (Tomassoni) Life insurance policy replacement information disclosure requirements established, and form provided. HF2394 (Tomassoni) Prostate cancer screening health insurance coverage required. HF2430 (Carlson, L.) Self-insurance pool commerce department regulation provisions modified. HF2611 (Lourey) Disabled Medicare enrollee eligibility provided without underwriting. HF2819 (Erhardt) Health plan risk adjustment enrollee cost sharing provision disclosure required. A closer look É Constitutional protection for hunting and fishing? Minnesota could become the first state with a constitutional amendment to protect hunting and fishing privileges. A proposal to do so (HF1306/SF1111*), which voters would have to approve in November, is now pending before the House Rules and Legislative Administration Committee. As it now stands, the bill would ask if "citizens shall have the privilege [emphasis added] to fish, hunt and take game subject only to restrictions as prescribed by law." The original bill gave citizens the "right" -- not privilege -- to fish, hunt and take game. The Senate passed a similar bill March 13. The change from "right" to "privilege" was made to address concerns raised by critics. With the weakened language, some have said the bill, sponsored by Rep. Mark Holsten (R-Stillwater), does little. But others are nervous, saying it could set a precedent for "frivolous" constitutional amendments. And Holsten and his supporters say the amended bill could be the nation's first step in standing up to anti-hunting and animal rights groups. "It's important to get the intent clear," said Holsten, after a recent committee meeting. "There are a lot of rumors flying around -- that this is a front for the NRA, that this is going after the Indian treaties . . . All that we are trying to do is allow the citizens to vote on whether they want to preserve their cultural heritage of fishing and hunting." Currently, no states have a constitutionally protected right or privilege for hunting, fishing, and trapping, according to attorneys and other officials on each side of the issue. Holsten has said about 19 states are considering such an amendment. Lifelong fishing advocate Frank Schneider has heard from some of those states. The St. Paul resident who is active in many fishing groups testified in support of the bill before the House Environment and Natural Resources Committee March 26. He said Minnesota's history of pioneering environmental legislation gives it an important role in the hunting and fishing rights debate. "In some of these states they think they can get [a constitutional amendment bill] introduced and maybe they could win, but they're all waiting for Minnesota to get off our duffs and do it," Schneider said. "This group here leads the show. . . you've never waited for other states. You've always led the fight." Schneider echoed the concerns raised by other supporters of the bill such as the Minnesota Waterfowl Association and the Minnesota Outdoor Heritage Alliance. "Different groups are out there telling us we shouldn't eat flesh or meat, we shouldn't fish, we shouldn't this or that," said Schneider. "We have a problem." Another citizen testified that the bill doesn't address a problem but rather fights the direction in which society is moving. "This bill reflects a fear or a recognition that the world is changing, that attitudes are changing about animals and their place in the world," said Linda Hatfield, speaking on behalf of the Minnesota Humane Society and Friends of Animals. "As a society, we are moving toward the view that wildlife should be treated with dignity and respect. This will end that dialogue." Critics of the bill acknowledge that changing the word "right" to "privilege" has made the bill more acceptable. But they say they're still uncomfortable with the proposal. "There is absolutely no need for this bill. Even if a group would try to ban hunting or fishing, they wouldn't get anywhere legislatively," said Hatfield. A 1989 law targets animal rights groups and prohibits the harassment of hunters. Supporters of Holsten's bill say that statutory protection is not enough when anti-hunting groups are increasingly using voter referendums to curb hunting rights. Holsten said a Wyoming case that is currently pending in court could limit bear hunting privileges nationwide. How a constitutional "privilege" to fish and hunt would affect existing laws such as property rights has been at the heart of committee debate. Holsten and other supporters such as Reps. Arlon Lindner (R-Corcoran) and Tom Bakk (DFL-Cook) say the bill clearly doesn't supersede statutory law. They point to language in the bill that says such a privilege is "subject only to restrictions as prescribed by law." Rep. Myron Orfield (DFL-Mpls) has been a vocal critic of the bill. He and others such as Rep. Alice Hausman (DFL-St. Paul) have said the privilege to hunt and fish should not be equated with other constitutionally protected personal rights such as voting or equal protection. Orfield also said if, as supporters claim, the bill doesn't give special privileges above and beyond current law, the measure amounts to constitutional clutter. If the bill does give a privilege above and beyond current law, then it amounts to an additional right that will conflict with current law, he added. The attorney general's office has expressed concern over the proposal, saying that a hunting and fishing right could offer a new constitutional defense for hundreds of laws governing game, fish, and possibly even guns. Steve Masten of the attorney general's office said the amended bill addresses some of the concerns. But he said there are still questions -- many of which cannot be answered because there is little case law on constitutional hunting and fishing rights or privileges. "Calling it a privilege instead of a right is hopefully less problematic . . . it is more difficult to regulate rights than privileges," said Masten. "But anything you put in the constitution is potentially very problematic." A recent case in Pennsylvania, where there is no constitutional amendment protecting hunting and fishing rights or privileges, sheds some light on the issue. In Pennsylvania Game Commission v. Marich, Jr. (1995), the Pennsylvania Supreme Court reversed a lower court decision that found the rights of two duck hunters were violated when the gaming commission revoked the hunters' licenses for exceeding the bag limit. The lower court said the commission had violated the defendants' constitutional right to hunt. But the state supreme court reversed the lower court decision, citing an earlier opinion that stated hunting is a privilege, not an inherent right. Supporters and critics of Holsten's bill both say it's hard to tell how such a case would play out in Minnesota, with or without the proposed constitutional amendment. Some critics say they're confused: "We have some concerns. Nobody really understands what this [bill] would do," said Judy Bellairs, legislative director of the Minnesota Sierra Club. Holsten says he rejects the most common complaint about his measure -- that it doesn't belong in the constitution. "If you want to talk about clutter, just open up the constitution," said Holsten. "We've got constitutional amendments in there for a lottery, for a gas tax -- our constitution is full of things that we've wanted our constituents to vote on. This is not inconsistent with our constitution." Since 1858, the Minnesota Legislature has proposed 206 constitutional amendments. The proposed amendments -- 113 of which were approved by voters -- range from the right for blacks to vote to the authorization of a state lottery approved in 1988. Of the 206 amendments, only a handful relate to personal rights or privileges such as voting. Holsten said the time is right for such an amendment. "The citizens are going to say to those [anti- hunting] groups that it is our privilege to fish and hunt and take game," Holsten said. "We're not talking about the exclusive right to hunt or fish. We're talking about . . . managing that resource ourselves." -- Kendall Anderson Let it snow É Spring storm brings Legislature to grinding halt The snow storm that struck Minnesota March 24 left some lawmakers stranded at home, some inactive in St. Paul, and at least one in a ditch. Rep. Mike Jaros (DFL-Duluth) made it to the Capitol for a scheduled 10 a.m. March 25 floor session, but many of his House colleagues didn't. The House abruptly adjourned because the number of lawmakers present didn't amount to a quorum. But Jaros didn't arrive without having some trouble along the way. He set out from home to St. Paul at about 9:30 p.m. on March 24 because he heard the roads would be worse if he waited until morning. Driving conditions worsened as Jaros drew nearer to the Twin Cities area, and around midnight he found himself driving his car in ruts of wet snow on Interstate 35 near North Branch. "It just kind of pulled me off the road," Jaros said. "I could have tried to steer out, but I was afraid I was going to roll over." Two men in a pick-up truck behind him on the highway saw his car go into the ditch and stopped to help. One half-hour and a few bucks later Jaros was safely back on the road. "I was very lucky," he said. "I was afraid I was going to have to sit there for a long time." The March snowstorm, considered a rite of spring in Minnesota, scuttled most of the legislative action on March 25. Sixty-six House members made it to the Capitol for that day's session. Sixty-eight must be present in order for official business to be transacted on the House floor. The Senate also adjourned without taking up any serious business. A small number of conference committees met, but the Capitol halls were unusually quiet for a day so near the end of a legislative session. (The 1996 session is expected to wrap up soon.) Many of those who did make it to the Capitol on Monday had wild road stories to tell. "The roads started out slushy, then they were icy, and then they were snowy," said Rep. Bill Gunther (R-Fairmont), who traveled at an average speed of 35 mph on his March 24 drive from southern Minnesota to the Capitol. "There were 29 cars in the ditch on the way up here. I counted them," Gunther said. "É I was awful happy to get here." Several other legislators, especially those representing Greater Minnesota districts, chose to stay off the roads and wait out the storm at home. Rep. Richard Mulder (R-Ivanhoe) said the storm's high winds created near white-out conditions around his southwestern Minnesota hometown. "I knew there was no way I could've left," Mulder said. "We had about an inch of ice on the highways, and the snow on top of it made driving treacherous." Mulder stayed at home and spent March 25 at work -- seeing patients at his medical practice -- before making the drive to St. Paul that evening. Of course, it wasn't the first time Minnesota weather has brought action in the Legislature to a virtual halt. Most recently, a March 4, 1985, floor session was cut short when only 21 members were able to make it to the Capitol through a severe winter storm. The dreary weather this year didn't stop Rep. Tom Rukavina (DFL-Virginia) from having a little fun with his colleagues across the aisle, who were without Minority Leader Steve Sviggum (R-Kenyon) for the abbreviated floor session. "Representative Sviggum asked that I serve as leader of the minority caucus in his absence," Rukavina joked. ". . .We'll be meeting in [a Capitol hearing room] to discuss raising the minimum wage to $10 [per hour]." -- Nick Healy Rep. Walter Perlt É Lawmaker's consistent theme: control state spending There are a few things that Rep. Walter Perlt (DFL-Woodbury) is not. He is not a partisan squabbler. He is not a smooth talker. He is not slick. "I don't consider myself much of a politician," Perlt said during a recent interview. "I stay away from the politics. That's probably why I've got as many good friends around here as I do." The retiring lawmaker won those friends at the Capitol with a no-nonsense approach to the issues and a straightforward manner in dealing with his peers and others. "Whether you're talking to a lobbyist, to a constituent, or to another member, you've got to say what you mean," Perlt said. And he insists that such forthrightness comes from personality -- not calculated persona. "It's just how I am," he said. "Sometimes it helps you and sometimes it doesn't." The second-term lawmaker recently announced he will not seek re-election this fall. His departure comes in large part as the result of health problems. Arthritis at times limits Perlt's ability to get around. Because flare-ups of the malady make it difficult to get up and down stairs, he is now considering selling his Woodbury home and possibly moving out of the district he represents. Perlt, 68, said two bills top his list of legislative accomplishments. One helped to bolster government accountability, and the other extended new protection to consumers. Perlt was an integral part of a three-year effort to pass legislation to reduce state spending on private contractors and consultants and was a co- sponsor of a successful 1995 measure to that end. The 1995 law mandated a 5 percent cut in the state's use of private contractors and consultants. The measure followed a vetoed 1993 bill that would have required a 10 percent cut in such spending. Perlt said the law represents a solid effort to deal with abuses and growth in state contracting, which increased by 83 percent between 1983 and 1993. "The important thing is the [1995] bill passed and it's working," Perlt said. "We never tooted our horns about it, but really it was a pretty good piece of legislation." Perlt also backed 1993 legislation that mandated telephone caller identification systems be made available to metropolitan-area consumers. The law started as a more modest proposal to provide caller identification to taxi cab companies in order to protect cab drivers. The bill grew in scope during the legislative process to require that caller identification and other services such as selective call acceptance and rejection be made available to all consumers in the metro area. "That was a pretty important bill," Perlt said. "It's something people find useful." If there is an overall theme to his time in the Legislature it is his consistent effort to control state spending, according to Perlt. "More people have to move in that direction," he said. "People are concerned about the cost of government these days, and we need to find ways to reduce government spending without cutting necessary programs." Perlt is upbeat about his future, although he acknowledges he would not be stepping down if not for health problems. He hopes to move to a spot on the St. Croix River, where he could "go fishing everyday." And he looks forward to spending winters with his wife, Dodie -- away from the Minnesota cold. Perlt was an unlikely candidate for the Legislature before mounting his first run in 1992. He had retired from his job as chief of enforcement for liquor control after 38 years in the Department of Public Safety. "I never had any idea I'd be working again, much less running for office," Perlt said. He got into politics only at the urging of DFLers in his district, but proceeded to run an energetic, scrappy campaign in 1992 and a similarly successful re-election bid in 1994. "You hear people complaining and grumbling all the time, but the thing that surprised me is that the system works," Perlt said. "It works in large part thanks to some really dedicated people -- in particular, the great staff." As Perlt prepares to leave the House, he is happy to recall lessons learned and "good friends" made along the way. "I'm going to miss it a lot," he said. "No one has enjoyed it more than I have. It's been a blast." -- Nick Healy Noted achievements: Perlt co-sponsored a 1995 law that mandated a 5 percent cut in the state's use of private contractors and consultants. The measure followed a vetoed 1993 bill that would have required a 10 percent cut in such spending. Perlt also backed 1993 legislation that mandated telephone caller identification systems be made available to metropolitan-area consumers. The bill also mandated that other services such as selective call acceptance and rejection be made available to all consumers in the metro area.