SESSION WEEKLY A NON-PARTISAN PUBLICATION OF THE MINNESOTA HOUSE OF REPRESENTATIVES APRIL 12, 1996 VOLUME 13, NUMBER 13 WEEK IN REVIEW. . . April 5 - 11, 1996 HIGHLIGHTS Editor's Note: Through Thursday, April 11, the governor had taken action on all but 12 of the 206 chapters (and one resolution) sent to him by the 1996 Legislature. He has vetoed 20 of those bills (16 outright vetoes and four line-item vetoes). The bills still pending (Chapters 439-471) include this year's bonding bill, several omnibus bills, and the long-awaited wetlands compromise proposal. A complete accounting of bills passed by the Legislature, and their status, can be found on page 43. Short summaries of each vetoed bill, including the reasons for the governor's action, begin on page 36. This edition of Session Weekly is a preliminary summary of some of the major issues addressed by the Legislature this year. A more comprehensive summary, New Laws 1996, will follow. AGRICULTURE A vote on canola A new state law, effective Feb. 29, 1996, allows another vote before the 1996 harvest to determine whether to create a Minnesota canola council. That's good news for farmers who pushed for a referendum on the issue only to see it fail by a narrow margin in the fall of 1995. Many blamed the initiative's failure on the Department of Agriculture's choice to schedule the vote in the middle of the harvest season. Voter participation was low and many were disappointed with the results. State law mandates that another referendum vote cannot be held until a year after the previous failed ballot issue was held. The new law makes an exception for the proposed canola council by requiring that only six months pass before another vote on the matter. Without the exception, growers would have faced another harvest time vote on the canola council or further delay on the issue. If approved, the canola council would become one of more than a dozen state commodity councils created to guide research and promotion efforts. Canola is a specialty grain crop used mainly for oil products such as cooking oil. The measure was sponsored by Rep. Jim Tunheim (DFL-Kennedy) and Sen. LeRoy Stumpf (DFL-Thief River Falls). HF2454/SF2111*/CH290 BANKING Payday loans Effective April 3, 1996, a new banking law alters regulations for "payday loans." The 1995 Legislature passed a law permitting such small, tightly regulated, short-term consumer loans. That law capped interest rates and other charges for "payday loans," named for the paycheck-to- paycheck consumers they were crafted to benefit. Previously, the loans could be for no more than $350 and required a 30-day term. But the loans have attracted little interest among lenders. The new law aims to change that by giving lenders more flexibility. It allows such loans to be offered for terms of less than 30 days. Another provision in the law affects homeowners who pay for mortgage insurance coverage. Mortgage insurance to protect against default is required of many borrowers who put down less than 20 percent on their mortgages. The law stipulates that mortgage insurance no longer should be required if the borrower has paid a specified percentage of the principal and met other conditions such as making monthly payments on time. The measure also requires lenders to provide annual notice to consumers that they may be eligible to drop private mortgage insurance policies. The requirements are the result of some lawmakers' concerns that borrowers often continue to pay for mortgage insurance long after it is needed. Conference committee members removed from the bill a provision earlier approved by the House that would have allowed Minnesota financial institutions to charge up to 21.75 percent interest annually on credit cards. Current state law caps the credit card interest rate for Minnesota financial institutions at 18 percent. The catch is that federal law does not allow the state to limit the interest on credit cards issued to Minnesotans by financial institutions in other states. And most other states allow higher interest rates than Minnesota currently does. As a result, very little issuing of credit cards is done in the state. Most Minnesota banks that do offer credit cards make arrangements with out-of- state financial institutions so higher rates can be charged. Supporters claimed that allowing a higher interest rate would have simplified business for Minnesota financial institutions and created more credit card industry jobs in the state. The proposal was sponsored by Rep. Don Ostrom (DFL-St. Peter) and Sen. James Metzen (DFL-South St. Paul). HF2369*/SF2037/CH414 BONDING Capital projects approved A $522.8 million bonding bill pending before the governor would provide funds for construction and repair of public facilities around the state. Under the bill, the state would spend $89 million to build a new prison in Rush City, Minn. Bond revenue would be used to build a $29.5 million library on the St. Cloud State University campus and to construct a $38.5 million library access center on the University of Minnesota-Twin Cities campus. Another $30 million would be devoted to construction of a new home for the Science Museum of Minnesota in St. Paul. The bill would allow the state to sell bonds to raise revenue for public works projects across the state. More than $1.3 billion in bond funding was requested this year by state agencies, local governments, and lawmakers. The proposal was sponsored by Rep. Henry Kalis (DFL-Walters). HF3273*/SFnone/CH463 The major projects include: New prison A total of $89 million would be used to construct and equip a maximum-security facility to house 800 inmates. The bill also includes a provision calling for the corrections department to consider an alternative design that would allow double-bunking in one of the new prison's six residential sections. That would push the total occupancy of the facility to a maximum of 952 inmates. In 1994, the Legislature spent $2 million to design plans for the new prison. Originally, it was slated for Braham, Minn., but environmental issues such as the impact on area wetlands pushed the project east to neighboring Rush City, about 50 miles north of the Twin Cities. Science museum The Science Museum of Minnesota's plans to construct a new museum on St. Paul's riverfront would get a major boost from the state. The bill would devote $30 million to the effort to build a new science museum in downtown St. Paul. But the museum must garner $59 million in funding from other sources before the state money is released. The city of St. Paul already has promised to acquire the land for the museum and provide $14 million. The remainder of the $96 million price tag would come from private donors. The science museum project is considered by many as a crucial step toward the effort to revitalize St. Paul. The new facility would be built along the river bluff east of the Civic Center parking ramp in downtown St. Paul. State colleges Under the bill, $93.9 million would be devoted to the Minnesota State Colleges and Universities (MnSCU) system. A total of $29.5 million earmarked for a new library at St. Cloud State University would account for a good share of the MnSCU bonds. The bill also would spend $10.4 million on major renovations at Anoka-Ramsey Community College, $3.6 million to construct a dormitory at Fond du Lac Community College, and $4.5 million for the merger of the Hibbing community and technical colleges on the community college campus. University of Minnesota The University of Minnesota would receive a total of $93.8 million for construction and repair projects. A total of $38.5 million would be used to construct a new library access center on the U of M's main campus. The facility is expected to serve as an information hub for libraries in Minnesota. The building would house the university's special collections and archives and would store less-used materials from other libraries. The bill also would spend $12 million to revamp Haecker Hall, a 1923 building housing the animal science department on the St. Paul campus, and $9 million to renovate the architecture building on the Minneapolis campus. Another provision marks $6.5 million for the U of M's academic health center, which includes the medical school and dentistry, nursing, public health, and veterinary programs. The money would be used to construct a new building for the magnetic resonance imaging (MRI) program and to remodel space for the molecular and cellular therapeutics program. After-school enrichment The bill includes $16 million to support after- school enrichment programs for children in grades four to eight. Grants would be issued to improve or construct parks and buildings which, in turn, would be leased to non-profit community organizations running programs that help at-risk children. A total of $5 million in grant funds would be used in Minneapolis and another $5 million would go to St. Paul. The remaining $6 million would be used in suburban and rural areas with high concentrations of students on free and reduced- price lunch programs. Capitol repairs The bill includes $7.4 million for repair and renovation of the State Capitol. A total of $4.8 million would pay for replacement of corroded support structures under the terraces that ring the Capitol. Serious damage to the supports was discovered during 1994 construction of accessibility ramps at the south carriage entry on the Capitol's ground floor. Another $1.4 million would be used to repair failing stone structures in the lantern, the 39-foot tall columned structure atop the Capitol dome. Topped by a gold gilded roof and ornamental ball, the lantern features 12 columns clad with marble and precast concrete panels. Inspections conducted during 1994 and 1995 revealed serious cracking in the stone and marble slabs and in the joints between them. And $1.2 million would be devoted to the renovation of the building's cafeteria (once a unique spot fashioned after a German rathskeller). Radio communication The bonding bill includes $15 million for a metropolitan-area public safety radio communications system that would allow all metro public safety personnel to communicate through a common radio link. Bond money would be used to assist in construction of the backbone of the system, including radio towers, transmitters, and the computers needed to run the system. The $15 million would cover just a share of the system's total cost. In 1995, the Legislature passed a bill creating a Metropolitan Radio Board under the Metropolitan Council and allowing the council to issue up to $13 million in bonds to assist in the construction of the system. The Metropolitan Council won't issue the bonds without a guarantee of state participation. Currently, communication among police, fire, and ambulance personnel (as well as state public safety units like the highway patrol) requires patching across several systems, making it difficult for separate public safety units to talk with one another. Ice arenas The bonding bill would provide $8 million for ice arenas as part of a program known as "Mighty Ducks." The Minnesota Amateur Sports Commission would get $6.5 million for grants to local communities for construction of new ice arenas. An additional $500,000 would be for grants to renovate arenas that are at least 20 years old. Another $1 million would be available for construction of a national curling center on the Iron Range if the project is endorsed by the U.S. Olympic Committee. The "Mighty Ducks" program was initiated by a 1995 law to expand opportunities for girls and boys participating in winter sports such as hockey and figure skating. (The name is taken from a movie about a group of misfit, young hockey players.) Also, the bill includes $7 million for construction of a new ice sheet for women's hockey at the U of M. The new facility would be adjacent to Mariucci Arena on the university's main campus. Convention center The bill includes $12 million for the planned expansion of the Minneapolis Convention Center, much less than what the city is seeking in state aid. Minneapolis requested $33.8 million from the state to help finance an expansion project expected to carry an eventual cost of $162 million. The governor recommended lawmakers include no money for the project in this year's bonding legislation. Training workers Finally, the bill calls for a $5 million general fund appropriation for a robotics training facility at the Ford Motor Co. assembly plant in St. Paul. Ford and United Auto Workers Local 879 requested the funds for the facility, which would be used to provide technical training in the use of robotics and other subjects. BUSINESS Omnibus liquor More free liquor samples, wine tastings, and wine service at bed and breakfasts will be available under a new law sponsored by Rep. Jeff Bertram (DFLÐPaynesville) and Sen. Sam Solon (DFL-Duluth). The law includes changes to current laws governing liquor licenses and warnings posted in the state's liquor establishments. HF2590/SF2116*/CH418 Warnings Effective Aug. 1, 1996, the law increases requirements for warning signs that must be posted in retail and municipal liquor stores. Currently, liquor store owners must post notices notifying customers of the state's penalties for driving while intoxicated and underage drinking. Under the new law, liquor retailers are required to post a single sign in a conspicuous place that includes those warnings plus a warning about the consequences of drinking alcohol while pregnant. B and Bs Effective April 3, 1996, the law allows Minnesota bed and breakfast facilities to give guests two complimentary glasses of wine per day. The drinks can be up to 4 ounces each and are to be consumed on the premises. The owners need not obtain an on-sale liquor license for that purpose (although, owners would have to register with the state's public safety commissioner). A bed and breakfast facility, as defined by the new law, is a place of lodging that provides no more than eight rooms for rent and no more than 20 guests at a time. The law also allows the operators of such facilities to live in a building on the same property as a bed and breakfast. The original bill would have required guests to stay in the owner's personal residence. Free samples Free liquor and beer samples are more abundant under the new law. New provisions allow liquor stores, effective April 3, 1996, to give customers free samples of hard liquor in containers up to 15 milliliters. The law currently allows free samples of wine, beer, cordials, and liqueurs. The law also allows brewers to furnish restricted amounts of beer to off-sale retailers for samplings. Wine tastings More wine tasting events are likely to occur under the new law. Effective Aug. 1, 1996, it allows the events at on-sale locations where no charitable organizations are participating, or at locations that are for designated charities, but where the tastings are primarily for educational purposes. Current law strictly regulates wine tastings that are associated with charitable, religious, and nonprofit organizations. The new provision clarifies that restrictions, such as not being allowed to take orders for off-premises consumption, do not apply to tastings sponsored by on-sale establishments that meet the above criteria. Liquor on the river The mighty Mississippi and the St. Croix rivers will now join Lake Superior in accommodating tour boats that sell liquor. The law, effective April 3, 1996, allows tour boats on the St. Croix and Mississippi rivers to receive on-sale liquor licenses between May 1 and Oct. 31. Currently, only tour boats on Lake Superior are allowed to receive such licenses. Regulating pawnbrokers A new law, effective Aug. 1, 1996, establishes minimum standards for cities and counties to regulate the state's 150 pawnbrokers. Under current state law, cities and counties have the option of whether to regulate pawnbroker operations. Under the new law, municipalities are allowed to set stricter standards for pawnbrokers. "This gives a basis for many cities to provide a floor," Greg Brooker, an assistant Bloomington city attorney, told lawmakers in committee testimony. He noted that Bloomington, Minneapolis, St. Paul, and other Minnesota cities have "very strict" pawnbroker ordinances already in place. Among the provisions of the law, pawnbrokers are required to apply for and receive a license from the city or county in which they do business. Also, the city or county can revoke a pawnbroker's license and must then notify the appropriate law enforcement agency of such a revocation. Additionally, to obtain a license, a pawnbroker must: be at least 18 years old; cannot have been convicted of any crime directly related to the pawnbroker business, unless he or she showed "competent evidence of sufficient rehabilitation"; and be of "good moral character or repute." Concerned about compulsive gamblers, lawmakers also included a provision that prohibits any pawnshop from locating within 10 miles of a gambling casino. The proposal was sponsored by Rep. Darlene Luther (DFL-Brooklyn Park) and Sen. Len Price (DFL-Woodbury). HF2752*/SF2472/CH404 Playing our song A new state law puts some order in the process by which performing rights societies enter into contracts with businesses that play their music for commercial gain. Under federal copyright laws, there is a royalty charge for playing copyright-protected music for commercial gain in bars, hotels, restaurants, and other businesses. This charge and the manner of its collection has been the cause of many disputes over the years, according to business owners and artist representatives. The law prohibits societies such as the Broadcast Music, Inc. (BMI), SESAC, Inc., and the American Society of Composers, Authors and Publishers from attempting to collect rates that are higher than those set forth in contracts. Under the law, the copyright holders have to provide the schedule of rates and the list of works that are covered by the contract at least 72 hours before entering a contract. Representatives of societies also must identify themselves to proprietors upon entering affected establishments. The law does not apply to contracts between copyright owners or performance societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable operators, programmers, or other transmission services. Musical works for karaoke performances are exempt as well, according to the law. The law, sponsored by Rep. Tom Pugh (DFL- South St. Paul) and Sen. James Metzen (DFL-South St. Paul), is effective Aug. 1, 1996. HF732*/SF950/CH336 CHILDREN Kids and boats A new law aims to improve safety on Minnesota lakes by keeping young children away from the controls of high-powered watercraft. Under the law, effective May 1, 1996, children under 13 are prohibited from operating personal watercraft, or Jet Ski-style machines. Effective Jan. 1, 1997, children under 12 are barred from operating motorboats of more than 75 horsepower. The law, sponsored by Rep. Kris Hasskamp (DFL- Crosby), also prohibits 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 changes are effective Jan. 1, 1997. The law 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. The proposal was sponsored by Sen. Janet Johnson (DFL-North Branch) in the Senate. HF2834*/SF2563/CH396 CONSUMERS Ethanol compromise Classic car owners and snowmobilers will be able to buy ethanol-free premium gasoline at gas stations throughout Minnesota under a new state law. Effective March 22, 1996, the law allows gasoline without ethanol to be sold at airports, resorts, and marinas. Gas stations statewide also can have one pump for ethanol-free premium gasoline. The law requires gas station pumps to be labeled to inform consumers that the ethanol-free gas is for use only in classic cars, motorcycles, boats, snowmobiles, lawnmowers, and other machines with small engines. The law comes on the heels of an extended battle between ethanol's supporters, including corn farmers and ethanol producers, and its detractors, including classic car enthusiasts and at least one major oil company. Existing state law requires all gas sold in the metropolitan area to contain a certain amount of oxygen, and beginning in October 1997, all gas sold in the state was to have met the oxygen requirements. (Use of ethanol is not mandated, but the corn- derived product is the most common oxygenation agent used in the state.) But the new law provides a limited exception to the oxygen standards. Ethanol proponents argue that adding ethanol or another oxygenate to gasoline makes the fuel burn cleaner and reduces harmful emissions. Critics claim ethanol is harmful to certain engines. Supporters of the new law say it is a compromise that will protect the state's growing ethanol industry while providing classic car owners and some other consumers the choice they seek. The legislation was sponsored by Rep. Alice Johnson (DFL-Spring Lake Park) and Sen. Randy Kelly (DFL-St. Paul). HF2205*/SF2040/CH354 No more slamming It will be illegal for telecommunications companies to change a person's long-distance carrier without proper authorization under a new state law. The law prevents "slamming," which is the practice of tricking telephone customers into changing their long-distance carriers. Proponents have said the law stems from the (at times) confusing methods some telecommunications companies have used to persuade Minnesotans to change their carriers. In one such case, a Minneapolis man received a $50 check in the mail from a long-distance company, not realizing that if he cashed the check, he would be giving the company permission to supplant the long-distance provider he was using. Under the law, telephone customers may require long-distance providers to receive their authorization before changing the long-distance service. According to the law, the customer's authorization can be either written or verbal. In cases of verbal agreements, if the customer files a complaint over being switched, the long-distance carrier will be required to provide proof that the agreement was made. If a long-distance carrier is found to have violated provisions of the anti-slamming law, the company must immediately return the customers to their original long-distance providers at company expense. The company also must pay for providing long-distance service to the customers during the period of unauthorized service. The new law, effective Jan. 1, 1997, was sponsored by Rep. Mike Delmont (DFL-Lexington) and Sen. Janet Johnson (DFL-North Branch). HF2055*/SF2262/CH340 Notaries public A new law to prevent notaries public from exploiting immigrants takes effect Aug. 1, 1996. The law requires 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 that he or she is not an attorney. It also prohibits 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 is required and must include an explanation of services offered and the corresponding charges. Any notary violating the provisions would be guilty of a misdemeanor. The measure was proposed by Rep. Carlos Mariani (DFL-St. Paul) in response to reports in Minnesota and elsewhere of notaries public charging excessive amounts for legal services that 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 was sponsored in the Senate by Sen. Sandy Pappas (DFL-St. Paul). HF2478*/SF2372/CH401 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 has been signed by the governor. Also under the law, 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. Stiffer sentences that became law are expected to add 50 to 85 prison beds to current demands. Stopping crime before it occurs is the best way to trim the budget, according to supporters of crime prevention programs. The law includes a number of measures that are intended to stop crime before it starts. Community safety and law enforcement grants received over $8 million in funding. The law also includes proposals that would prohibit prison inmates from smoking and provides funding for an automobile theft prevention program. The proposal was sponsored by Rep. Mary Murphy (DFL-Hermantown) and Sen. Tracy Beckman (DFL-Bricelyn). Below are some highlights. HF3242/SF2856*/408 COPS, Weed and Seed Two new programs garner $4.7 million of the law's grant dollars. The community-oriented policing program, known as "COPS," aims to increase the number of officers in local law enforcement agencies. The goal is to assign officers with community experience to investigate and prevent juvenile crime. COPS will expand community policing duties, such as block clubs and community-based crime watch programs. COPS also will assign overtime officers to high crime areas within their jurisdictions. Weed and Seed, another grant program, will assist local communities in eradicating violent crime, illegal drug activity, and illegal gang activity in targeted neighborhoods. The Weed and Seed program also aims to revitalize neighborhoods, both economically and physically. Local law enforcement agencies will 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 receive $1.8 million in funding. 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. Knock and Talk A program dubbed "Knock and Talk," gives Hennepin County $100,000 to establish a community-oriented chemical dependency pilot project. The project will take a comprehensive public health approach to chemical dependency problems, focusing on cocaine abuse in certain neighborhoods. Knock and Talk allows 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 will 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 law establishes an automobile theft prevention board, which will develop, coordinate, and implement statewide plans on car theft. To help pay for the program, each automobile insurance policy sold in Minnesota will 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 will 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 measure appropriates $200,000 to the Council on Black Minnesotans to complete the Martin Luther King Jr. nonviolent institutional child development pilot project. The project will provide community violence prevention and intervention programs. Before the project starts, the commissioner of public safety will need to evaluate it based on specific outcomes. The proposals will require the project to begin by Jan. 2, 1997, and end by July 1, 1998, at which time several state department commissioners will review it. Community notification A key part of the law that has received wide support throughout the process authorizes 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 Rep. Wes Skoglund (DFL-Mpls), 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 will depend on a risk assessment of the offender. Offenders will 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, will 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. Currently, some 20 other states have similar laws. The legislation includes $340,000 to ensure the program's implementation and to finance any legal challenges resulting from the law. Victims of violence In accordance with the state's policy of "zero tolerance" for violence, the law outlines state goals that will 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 law requires several offices that deal with crime victims to meet four times a year. The so-called "crime victims services roundtable" will discuss methods for improving the delivery of services, in addition to securing increased funding. The witness and victim protection fund also receives $50,000 in grant money. Juvenile monitoring The law allots $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 will refer certain juveniles to the program. Qualified college and graduate students with related majors will monitor and supervise the juveniles. College students will 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 will determine the particulars of the monitoring program. In addition, the department will 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 will 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 law appropriates $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 ongoing effort to prevent child abuse and neglect, the law appropriates $250,000 to the Department of Health for grants to home visiting projects. The funding increases 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 will receive $95,000. The program will provide an administrative alternative to a courtroom prosecution. In the forums, persons accused of crimes will meet with victims, family members of victims or the offender, law enforcement agencies, prosecutors, and community members. The forums will 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 will need written parental consent to do so. Anyone who provides a tattoo to a minor in violation of the provision will be guilty of a misdemeanor. Prairie Correctional Facility A city-owned correctional facility in Appleton, Minn., may receive some Minnesota prisoners. The nonprofit 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 law 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 will have to make a co-payment for health care services that they receive in prison. The co-payments will be deducted from inmates' earnings accounts. Supporters say this will help to 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 will receive a mandatory minimum prison sentence of 18 months and could get up to 15 years and a fine of up to $30,000. 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 will be guilty of a gross misdemeanor. Previous law applied 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 law increases 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 will 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), increases 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 previous 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 will 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 will conduct a domestic abuse assessment of the offense. The county will then submit a report to the court for any defendant convicted of domestic abuse or arrested for domestic abuse but convicted of another crime connected to the incident Defendants sentenced for domestic abuse will 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 will be guilty of a gross misdemeanor, punishable by up to a year in jail and a $3,000 fine. Code grabbing devices The law 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 law also expands 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 will be a felony to commit a second indecent exposure offense in the presence of a minor under age 16. Under previous law, the penalty was a gross misdemeanor regardless of how many times the offense is repeated. The maximum penalty increases 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 will be more difficult for people to conceal an arrest or conviction record under provisions 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 also are 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 law, expungement is defined as sealing a record and opening it only under a court order or statutory authority. It does not include the complete destruction of arrest or conviction records. The process applies 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 will rest on the government to show, by clear and convincing evidence, why the records should not be sealed. Penalizing domestic abusers Minnesotans convicted more than once of domestic assault will 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 will 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. Previous law mandated 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. Investigating physicians The investigation of Minnesota physicians accused of sexual misconduct becomes a more open process Aug. 1, 1996, under a new state law. The law requires a probable cause hearing to be held before an administrative law judge in cases where a doctor is accused of sexual misconduct. Current law requires no such hearing. If a judge determines that the physician is guilty of violating Minnesota Board of Medical Practice rules governing such behavior, the notice of and order for a hearing filed by the board would become public, allowing other victims to come forward with new information for the board to consider. Proponents have said the law also will improve the board's ability to keep complainants and victims -- who are not always the same in such cases -- informed of the progress of an investigation into allegations of sexual misconduct. Under current law, only the person filing the complaint can be given information about the status of an investigation. The law provides that probable cause hearings be closed to the public. However, the board must make public a notice of the hearing; findings of fact, conclusions, and recommendations issued by the administrative law judge and arguments before the board in cases where the judge finds a violation of the state's sexual misconduct rules; and any final order of the board. The law adds a seven-year statute of limitations for all complaints filed with the Minnesota Board of Medical Practice except sexual misconduct cases, which are subject to no statute of limitations. The law was sponsored by Rep. Lee Greenfield (DFL-Mpls) and Sen. Gene Merriam (DFL-Coon Rapids). HF2633/SF2332*/CH334 Suing a public nuisance A bill that would allow a property owner or neighborhood group to file a civil nuisance suit and seek monetary damages against a drug dealer, prostitute, john, or gun dealer is awaiting the governor's signature. Under current law, only a prosecutor can file a nuisance action with the court. Such a case usually involves trying to shut down a property or evict a tenant for two separate incidents in a 12-month period that violate prostitution or drug and firearms offenses outlined in law. The bill, which would become effective Aug. 1, 1996, proposes to open the door for citizens to sue, seek monetary damages, and combat "nuisance behavior" that is not necessarily tied to one specific building. Under the bill, to win a nuisance civil action it must be proven that the individual has two or more convictions within the previous 12 months for prostitution, gambling, drug dealing, or other nuisance offense listed in existing law. Or "two or more separate behavioral incidents within the previous 12-months that would constitute a nuisance" must be proven. The latter, however, is limited to prostitution, drug dealing, and gun dealing. The proposal, however, does outline legitimate defenses against nuisance claims such as being coerced into committing the nuisance. This language was specifically included for prostitutes. Several groups said that individuals in prostitution are already victims and are often coerced into the act. If a suit is won, the court must permanently prohibit the perpetrator from continuing the activity and award actual damages or $500, whichever is greater. In cases where a homeowner or neighborhood group wins, the court would have the discretion to require defendants to pay all attorneys fees. The bill was sponsored by Rep. Andy Dawkins (DFL-St. Paul) and Sen. Ellen Anderson (DFL-St. Paul). HF2204*/SF2014/CH453 No trespassing A new law, effective Aug. 1, 1996, makes it easier to punish those who trespass on private property. Previously, trespassing was solely a criminal offense, punishable by up to 90 days in jail and a $700 fine. Under the new law, local sheriffs and conservation officers can issue trespassers a civil citation at the time they are caught. Violators would be fined $50 for a first offense, $200 for a second, and could have their hunting license or other registration revoked for a third violation within three years. Anyone caught removing a "no trespassing sign" will face a $50 civil penalty as well. While an offender can request a hearing to appeal the penalty, using a civil rather than a criminal approach eliminates the time and cost of a court proceeding. The law applies not just to hunters but hikers, boaters, campers, or anyone engaging in "outdoor recreation." Additionally, the trespassing exemption for hunters retrieving wounded game is expanded to include all lands. Current law applies to agricultural land only. The law also prohibits a hunter from carrying a firearm onto private land when retrieving a hunting dog. The proposal was sponsored by Rep. Virgil Johnson (R-Caledonia) and Sen. Steve Murphy (DFL- Red Wing). HF2411*/SF2556/CH301 No cloning allowed A new law, effective Aug. 1, 1996, makes it a crime to engage in cellular phone "cloning." The law addresses what phone company officials say has become an increasingly popular crime. Cellular phone cloning -- or counterfeiting -- would be a felony under the bill, punishable by up to five years imprisonment and a $10,000 fine. Current statute prohibits cellular phone eavesdropping but does not specifically address any other wireless phone violations. House sponsor Rep. Chuck Brown (DFL-Appleton) has said cellular phone cloning is a $500 million illegal industry. Cellular phone cloning occurs when someone acquires a phone identification number -- assigned by the manufacturer -- and alters it. Cloners either use the number or provide it to a computer network system for others to use. Some use a combination of scanners, cables, computer chips, and software to create identification numbers themselves. The proposal was sponsored in the Senate by Sen. Don Betzold (DFL-Fridley). HF2526*/SF2170/CH331 DEVELOPMENT Omnibus Development A $28 million proposal to fund energy assistance and summer jobs programs is awaiting action by the governor. Total appropriations in the omnibus economic development bill nearly doubled the $15 million included in the version originally approved by the House. The increase would come primarily in the form of money appropriated to the Department of Economic Security for home energy assistance, although more money would also go toward community development, the creation of higher- paying jobs, and youth employment and training programs. The bill was sponsored by Rep. Jim Rice (DFL- Mpls). HF3243*/SFnone/CH452 Home energy assistance Potentially, $10 million not found in the original House version of the bill would go toward home energy assistance programs. The money would come through the Department of Economic Security (DES). A total of $750,000 would become part of the low-income home energy assistance block grant. Another $190,000 would be used for the Low- Income Home Weatherization Program. Most of the money aimed at energy assistance, $9 million, would come from the budget reserve account in the state's general fund and would be used for low-income home energy assistance, and in the form of grants for energy-related repairs to a home's primary heat source. This money would be used only if the governor determines that the federal money allocated to Minnesota as part of the low-income energy assistance block grant for fiscal year 1996 is less than the grant received by the state for fiscal year 1995. The amount available for use would equal the reduction as determined by the governor. Youth Programs A total of $6 million appropriated to DES would be used to fund the Minnesota Youth Program, primarily the summer employment and training component. The money would be used to offset a potential cut to Title IIB of the Job Training Partnership Act, a parallel program funded by the federal government. Currently, the federal government hasn't appropriated any money for the program, as compared to $8.9 million appropriated last year at this time. The summer component of the program would allow disadvantaged youth to work in a variety of settings in all 87 Minnesota counties. Public works projects constitute most of the work undertaken: the construction of park retaining walls, environmental cleanup, and wetland restoration. The program funds site supervision so that participants can obtain the skills necessary to complete the projects. Cooperating communities provide the necessary materials. Participants also receive training in team building skills and conflict resolution. One-half of the program participants are 14- and 15- year-olds who can't yet work in the private sector and are receiving their first employment experience. There is also an academic enrichment component to the program, where young people struggling in school receive help in improving their communication and math skills. And young people who drop out of school can receive help in obtaining their diploma, getting a GED, resume building, and the acquisition of work maturity skills. Workforce centers A total of $500,000 would be given to DES to augment the Minnesota Workforce Center System. The system aims to combine the delivery of employment and training services (mostly administered by the department) under one roof whenever possible, saving money formerly spent on separate leases, and phone and data lines. It also streamlines customer access to services and programs, according to Jane Brown, department commissioner. The department hopes that other state agencies that deliver services related to employment and training will want to locate their operations at the various workforce centers. The specific appropriation within the bill would assist the department in hooking up to the MNet System and data lines to establish a cohesive computer system among the operations located within a workforce center. This way, people applying for services offered by the department -- employment or job training services, services for the blind, vocational rehabilitation -- would have to fill out only one application which could then be accessed by agencies throughout the department. This would eliminate paperwork, save money through the combination of resources, and more effectively match up applicants and services. Minnesota Investment Fund The bill includes $4 million for the Department of Trade and Economic Development (DTED) to go to the Minnesota Investment Fund, formerly the Economic Recovery Grant Program. The fund would allow DTED to extend grants of up to $500,000 to local units of government and recognized Indian tribal governments to help communities create and maintain private-sector jobs, increase local tax bases, stimulate environmentally safe economic growth, and improve employment and economic opportunities for local citizens. Among other things, the grant money could go toward loans for private business and industry, the creation or improvement of local infrastructure, and interest buy-downs. Any loan to a private entity could not exceed one-half of the cost of the project for which financing is sought. The grant money would be administered as part of the Small Cities Development Block Grant Program. Any portion of a grant that exceeds $100,000 must be repaid to the state when it is repaid to a local unit of government or a recognized Indian tribal government by a recipient. To receive grant money, private entities would have to make a case for the need of public funds and meet job creation goals. Loan recipients also would have to pay their employees total compensation, including benefits not mandated by law, at least 110 percent of the federal poverty level for a family of four, or approximately $16,665 per year, roughly $8 per hour. The original House version required that loan recipients pay their employees at least $7.44 per hour. According to Jay Novak, DTED commissioner, the department doesn't currently consider funding development projects unless prospective employers in the metro area pay employees at least $10 per hour, and employers in outstate areas pay their employees at least $8 per hour. New language in the bill prohibits any grant being made for the operation or expansion of a casino, a store which is used solely or principally for retail sales, or for any project related to a sports facility, defined as a building that has a professional sports team as a principal tenant. In case of breach of contract, loan recipients must repay the grant directly to the DTED commissioner. Rural development DTED would also receive $750,000 which would be given as a grant to the Morrison County Rural Development Finance Authority. The money could only be used to make capital improvements to the Hennepin Paper Company in Little Falls. According to Elmer Beale, the company's executive vice president and general manager, the money would be used to upgrade the facility and expand the possibilities for using recycled wastepaper. At least $500,000 of the grant must be matched by other sources, or the money would not be available. Film board Exactly $100,000 would go to DTED to be distributed to the Minnesota Film Board, the only nonprofit state film commission in the country. This is on top of the $229,000 appropriated for the film board for fiscal year 1997. According to the board, nine movies were filmed in Minnesota in 1995, generating more than $23 million in production revenue Minnesota Technology, Inc. A total of $700,000 would be appropriated to Minnesota Technology, Inc. Of those funds, the Natural Resources Research Institute in Duluth would receive $575,000. The institute provides environmentally safe economic development within Minnesota as a means of creating private sector employment. They oversee approximately $10 million per year for research and development activities. The remaining $125,000 would be used to study cold weather research needs and opportunities such as automobile starting tests in winter temperatures. Minnesota Technology would consult with the Minnesota Cold Weather Research Center. The study would address ways to encourage cold weather research in Minnesota funded by non-state entities, and the possible economic benefits for the state. Findings of the study would need to be submitted to the Legislature by Jan. 1, 1998. Housing Finance Agency The Housing Finance Agency would receive $550,000 under the bill. Of those funds, $250,000 would be used to purchase, tear down, or rehabilitate multi-unit residential rental property in an effort to combat concentrations of substandard housing. Projects that create a wide range of housing opportunities which would increase the tax base and the income mix within a community would be given priority. The remaining $300,000 would go to the Family Homeless Prevention and Assistance Program. The program was established to assist families who are homeless or are at imminent risk of homelessness. The agency provides grants to counties with a large number of homeless families or that experience a significant growth in the number of homeless families. To receive assistance, counties must work to secure permanent or transitional housing for homeless families. Any prevention project must be crafted to stabilize families in their existing homes and shorten the length of time families use emergency shelters. At least one grant must be given to a county outside the metro area. Workers' compensation The bill appropriates $2.8 million from the Special Compensation Fund to the Department of Labor and Industry to be used for the Daedalus Electronic Imaging Systems Project. The aim of the project is to provide a comprehensive computer reference system for workers' compensation files. This way, people needing access to the files (judges and case specialists) could do so via computer, and access could be provided simultaneously. Past research was done by hand. The department hopes this will lower the number of disputes by getting good information to people more quickly. All paper files would eventually be eliminated. The Special Compensation Fund is administered by the department, primarily covering system administrative costs, the reimbursement of second injuries, benefits to employees of uninsured employers, and supplemental costs. The fund is supported by required employer contributions resulting from the work-related death of an employee, or different types of work-related injuries. Historical society Under the bill, the Minnesota Historical Society would receive over $1.1 million, $1 million of which would go to employee compensation. The St. Anthony Falls Heritage Board would receive $75,000. The board works to evaluate and interpret significant historical resources within the heritage interpretive zone, a two-mile stretch of the Mississippi River in Minneapolis. The bill also would increase board membership from 19 to 22 members. Humanities Commission A total of $300,000 would be given to the Minnesota Humanities Commission. The commission recently moved its operations into part of what was formerly the Gillette Children's Hospital near Phalen Park in St. Paul. The money would cover some moving and maintenance expenses. According to Cheryl Dickson, commission director, the money will be repaid if federal dollars earmarked for the project come through, or other sources of revenue are found. Voyageur recreation area Under the bill, the Voyageur recreation area would be established and would be composed of all contiguous land in Koochiching County and the part of St. Louis County lying north of County Highway 23 and west of County Highway 24 to the Canadian border. It's hoped that such a designation would encourage private and public investment, leading to economic development and educational and recreational opportunities within the area. The area would be administered by a nine- member board consisting of county and city officials within the designated area, and representatives from some lake and resort associations. The board would be able to enter into contracts and grant agreements necessary to carry out its responsibilities. Also included in the bill is $450,000 for transitional housing programs, and $200,000 for employment support services for the mentally ill. Local development plans A new law directs the state to draft a "model ordinance" for sustainable development by July 1, 1997, and make it available to local governments. Sustainable development -- a concept promoted by Gov. Arne Carlson -- involves the development of land and waters that minimizes environmental damage and provides for economic opportunities and community well-being. The goal of sustainable development is to preserve the environment for future generations. There are no funding or enforcement provisions in the new law which became effective April 12, 1996. Local governments adopting the model ordinance, however, will be advised that it will become the minimum regulation to guide all sustainable development. The model ordinance will be reviewed by the state at least once every five years. Additionally, each state department, agency, and board must report to the Environmental Quality Board by Oct. 15, 1996, on how the mission and programs of the organization reflect and implement the state sustainable development principles, or how the mission and programs could be changed to do so. The proposal was sponsored by Rep. Dee Long (DFL-Mpls) and Sen. Janet Johnson (DFL-North Branch). HF1800*/SF1655/CH454 DWI Omnibus DWI bill A new law signed by the governor makes it illegal for citizens to drive an automobile or fly an airplane with any amount of certain controlled substances in their systems. The measure applies to Level I and Level II controlled substances which include most street drugs and are classified among the most addictive narcotics, stimulants, and depressants. (Marijuana is not included.) Under the new law, drivers will be charged with a crime if any amount of a Level I or Level II drug was found in their bodies. The penalties will be consistent with the state's current DWI laws. 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. If any trace of a Level I or a Level II controlled substance is found, the driver can be charged. The new law 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 law's other provisions 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 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 new law, the waiting periods would double. The measure also eliminates a loophole to keep more chronic DWI offenders off the roads. Gov. Arne Carlson vetoed an identical bill in 1995 calling it an "unfunded mandate to the Department of Public Safety." Under current law, when a person's driver's license is suspended for a third DWI offense in five years (or a fourth within 15 years), his or her license plates also are impounded for as long as the offender's driver's license is suspended. For a third- time offender, that's a minimum of one year. But chronic DWI offenders have found a way around the law. Once their plates are impounded, they often begin to drive someone else's car. Should they get caught under the influence in someone else's car, those license plates are then impounded. But all the car owner has to do is sign a statement that he or she was unaware of the DWI violation and new plates are issued -- free of charge. The new law gives the plates back to the car owner (if the car was reported missing), but the plates will be coded with specific letters, so that law enforcement officials will know the car has been involved in a prior DWI offense. The plates will remain on the car for a minimum of one year. The coded plates provide law enforcement officers with a "reasonable suspicion" to pull the car over should the driver not be the registered owner of the car. From the patrol vehicle, an officer can check the car's registration and the license status of the car owner, which contains a description of the owner. If the driver doesn't match the description, the officer would have cause to stop the car. The new law includes $79,000 for the Department of Public Safety to pay for the coded license plates and other costs associated with the proposed changes. The proposal was sponsored by Rep. Matt Entenza (DFL-St. Paul) and Sen. John Marty (DFL- Roseville). HF2779/SF2340*/CH442 EDUCATION Omnibus education bill A new law signed by the governor will infuse $31.7 million into Minnesota's public schools largely to bolster technology in classrooms and programs directed at disadvantaged children. Under the law, the state will spend $11.9 million to expand access to technology in schools, $5 million to provide after-school programs in troubled neighborhoods, and $3.5 million to offer full-day kindergarten at some schools. Gov. Arne Carlson used his line-item veto authority to slice $629,000 from the K-12 spending package approved by the Legislature. He cut a provision that would have allowed some students to ride city buses to school and a grant program designed to foster constructive discipline policies in schools. Also, the new law does not include a controversial proposal to provide alternative testing for teaching candidates who cannot pass the state's basic skills test. That provision was removed in conference committee after being rejected by the House. The legislation was sponsored by Rep. Alice Johnson (DFL-Spring Lake Park) and Sen. Larry Pogemiller (DFL-Mpls). HF2156*/SF1884/CH412 Boosting technology Much of the $11.9 million earmarked for school technology will be spent 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. Effective July. 1, 1996, an additional $5 million in grant funding is available under the new law. Also effective July 1, 1996, another $3.5 million will go to school districts for training teachers in the use of technology and acquiring new computer hardware. A seemingly minor provision could greatly help to improve Internet access in rural Minnesota schools. Effective April 4, 1996, the provision will allow telephone companies to provide service to schools and libraries at reduced prices or for no cost. Such a change could have a significant impact in rural areas where a long-distance call is required to connect to the worldwide communications network. Also, the law will set up a grant program to enhance the use of technology in after-school programs. Effective July 1, 1996, a total of $1 million will be offered in grants to school districts and other organizations that operate after-school programs giving children access to computers. Afternoon activities Children in some of the state's poorest areas will be the beneficiaries of $5 million included 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 new law 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 a provision effective July 1, 1996, grant funding will go to school districts and community organizations that run after-school programs. Minneapolis and St. Paul each will get $2 million for the programs. The remaining $1 million will go to other areas with high percentages of needy students. Children ages eight to 13 who live in troubled neighborhoods will be the target of programs aiming to reduce juvenile crime and school behavioral problems. The programs also will seek to increase academic achievement, school attendance, and skills in computers, the arts, and athletics. All-day kindergarten The spending package includes a provision crafted to ensure disadvantaged children are ready for first grade by having them spend more time in a kindergarten classroom. Effective July 1, 1996, $3.5 million in grant funding will allow certain schools to offer full-day kindergarten or to provide half-day kindergarten for 4-year-olds. The goal of the expanded kindergarten program 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 will 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 will be divided evenly four ways among districts in Minneapolis, St. Paul, Twin Cities suburbs, and Greater Minnesota. Districts receiving grant funds will be allowed to 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. Graduation standards Effective July 1, 1996, a total of $2.9 million will be marked for continued development of the state's graduation rule, but the law will 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 in 1997-98 were expected to have been 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 all that has changed. Minimum proficiency tests will be limited to the subjects of math, reading, and writing. Assessment of performance in the other subjects will 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. Community schools A new provision effective July 1, 1996, will provide $300,000 for a joint effort between the St. Paul school district and the Wilder Foundation (a St. Paul-based social service organization) to develop community based schools. State funds will be used in the development of charter schools focused on helping low-achieving elementary school students from low-income families. The Wilder Foundation hopes to create three such charter schools over a four-year span, but those plans may depend on future appropriations from the state. The charter school plan is the last vestige of the governor's proposals to allow public funds to be used for private school vouchers. After his initial plan to set up school voucher pilot programs in four Minnesota school districts stalled in legislative committees, the governor came back with a $12 million plan to test vouchers in the St. Paul district alone. That proposal also failed to win support among lawmakers. But the Wilder Foundation initiative -- just a small part of the governor's St. Paul proposal -- won favor in conference committee and passed into law. Gang resistance The law will 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. Effective Aug. 1, 1996, a provision of the new law will simply expand the law to allow districts to pay for gang-resistance education with money collected through the tax. Name change Effective Aug. 1, 1996, the name of the state arts high school located in Golden Valley, Minn., will be changed to the Lola and Rudy Perpich Minnesota Center for Arts Education. The name change is in honor of the 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 provision, effective Aug. 1, 1996, was reduced to a single sentence in the education funding law. "A moment of silence may be observed," it reads. Grant funds Three St. Paul-area school districts planned all along to use state grant funding to buy computers and other equipment for a new magnet school facility under construction. But it took a new state law to allow them to do it. A 1994 law set up a $20 million grant program for metropolitan area magnet schools, which are created to promote integration and to attract students with specialized programs. The St. Paul, Roseville, and North St. Paul- Maplewood-Oakdale school districts were awarded $10 million for a magnet school scheduled to open in Maplewood, Minn., for the 1996-97 school year. The K-6 facility is expected to serve 450 students. The districts planned to use the grant funding to design, construct, and equip the magnet school. But the districts were later told that design and equipment costs were not permitted uses for the state grant money. A new state law changes that. The districts will be able to go ahead and use the grant funding to purchase computers, copy machines, furnishings, and other equipment needed to get the new school up and running. The legislation, effective Feb. 28, 1996, was sponsored by Rep. Lyndon Carlson (DFL-Crystal) and Sen. Gene Merriam (DFL-Coon Rapids). HF2077/SF2019*/CH284 ELECTIONS Public official recall A constitutional amendment will be on the November 1996 ballot for voters to decide if certain state officials should be subject to recall. If approved, legislators, constitutional officers, and state supreme court, court of appeals, and district court judges could be subject to recall elections. The proposal would allow voters to recall an elected official for any act of malfeasance or nonfeasance "in the performance of the duties" of office. Other grounds for recall would be if an official has been convicted of a "serious crime," defined by the bill as certain gross misdemeanor and misdemeanor offenses involving assault, injury, dishonesty, coercion, or aggravated DWI, among others. Proposed constitutional amendments do not require the governor's approval. Here's how it would work: A petition filed with the Office of the Secretary of State is forwarded for review to the Minnesota Supreme Court. If the allegations, if proven, would constitute grounds for recall, a public hearing would then be held. If the hearing reveals the allegations to be true "by a preponderance of the evidence," and the full Minnesota Supreme Court agrees, a petition for signatures would be released. If the petition is then signed by 25 percent of the total eligible voters in the accused elected officer's district, the governor would order a recall election. Such an election cannot be called less than six months before the end of an official's term. The new law prohibits false information or allegations from being used in a petition or in support of allegations made during the hearing process. Violation of the provision would be a misdemeanor punishable by up to 90 days in jail and a $700 fine. In such a case, a petition for recall also could be dismissed. Anyone bringing a petition that is dismissed by the court could be held financially responsible for the court's proceedings. The measure was sponsored by Rep. Betty McCollum (DFL-North St. Paul) and Sen. Ember Reichgott Junge (DFL-New Hope). HF343*/SF153/CH469 Election day campaigning Candidates would be allowed to campaign on election day under a bill awaiting action by the governor. Current law bans election day campaigning, including the broadcast of political advertising and the distribution of literature. Rep. Richard Jefferson (DFL-Mpls), House sponsor of the bill, has said the one-day prohibition is largely unenforceable and likely is unconstitutional. The ban was originally passed during a 13-day special session in 1912. It was part of a radical election reform package that also included campaign spending limits, a statewide primary election, and popular election of U.S. senators, who were previously selected by the Legislature. In 1988, the ban on election-day campaigning was ruled unconstitutional by a district court judge in Hennepin County. The ruling applied only to that county and was never appealed. Sen. Dallas Sams (DFL-Staples) also sponsored the bill. HF289/SF315*/CH441 Campaign spending A new law effective April 12, 1996 closes a loophole that allows independent candidates to ignore spending limits that often bind major-party opponents. Currently, a candidate is held to campaign spending limits only if he or she is a member of a major political party and accepts a public subsidy. Independent candidates can spend as they wish and do not qualify for public campaign subsidies. State law stipulates that only major party candidates are eligible for public subsidies. In Minnesota there are three major parties -- Democratic-Farmer-Labor, Republican, and Independence. If, for example, a DFL candidate's Republican opponent refuses a subsidy and ignores the spending limits, the DFLer also can exceed the limits -- even if he or she has already taken the public subsidy. But under current law, this only applies when both parties are from major parties. House sponsor Rep. Dee Long (DFL-Mpls) was affected by that hitch during her 1994 re-election campaign. Long's opponent did not attach herself to a major party. Because the woman ran as an independent, her spending levels did not trigger the clause that would have allowed Long to exceed spending limits. As a result, Long was bound by a $21,000 spending limit while her independent opponent spent about $50,000. The new law says that the candidate not agreeing to spending limits need not be from a major political party in order for the opponent to also ignore the limit. The measure was sponsored in the Senate by Sen. Richard Cohen (DFL-St. Paul). HF667/SF840*/CH459 Fusion candidates A new law establishes the framework for fusion candidates to appear on the 1996 state primary election ballot. Such candidates are nominated by more than one political party. The measure 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 law allows more than one nominating party to be listed under a candidate's name on the ballot. The state is expected to appeal the court decision to the U.S. Supreme Court, but a decision is unlikely before the fall 1996 elections. Should the Supreme Court grant a stay or overturn the lower court decision, the state would revert to existing law barring fusion candidacies. The measure allows 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 must approve a fusion candidacy. A single candidate is not allowed to be listed as the nominee of more than one major party. The proposal was sponsored by Rep. Gene Pelowski (DFL-Winona) and Sen. John Marty (DFL- Roseville). HF3123/SF2720*/CH419 EMPLOYMENT Wage floor for businesses Some Minnesota businesses receiving state subsidies would have had to pay employees a poverty level wage -- at least $7.28 per hour -- under a bill vetoed by Gov. Arne Carlson April 11. The governor's veto message explains his action: First (the bill) is inflexible. It would lock many businesses into paying $7.28 an hour in return for state aid regardless of the industry, region, or economic conditions . . . . Second, the bill is unnecessary. Most economic development funds already target high quality jobs . . . . Third the bill is counterproductive . . . it suggests that the legislature knows better than the marketplace about how to provide secure, decent wage jobs. Under the bill, medium- and large-sized companies that get $25,000 or more in state aid through loans or grants would have had to pay employees an amount equal to the current federal poverty level for a family of four. That's at least $7.28 per hour including benefits or about $15,000 annually. The wage requirement also would have affected nonprofit organizations with a salary ratio between the highest paid and lowest paid employee of 25 to 1 or greater. The bill would have exempted other nonprofit organizations, small businesses, and companies that receive bona fide offers of financial assistance to relocate to other states. Wage requirements in the bill also would not have applied to businesses receiving aid through tax increment financing (TIF). The proposal was sponsored by Rep. Karen Clark (DFL-Mpls) and Sen. John Hottinger (DFL-Mankato). HF2562/SF1997*/CH447 See additional vetoes page 36. Time off for kids A bill to allow parents to take a few hours of unpaid time off to attend their child's school play or parent-teacher conference -- regardless of how long they've worked for a company -- was signed into law March 19 by Gov. Arne Carlson. The new law, effective July 1, 1996, expands current law which allows parents who have worked for a company for at least a year to take unpaid leave for a school activity. Committee testimony indicated that at least one company has strictly interpreted the law and denied an employee's request to attend a child's school lunch because the one-year requirement was not met. As in current law, the new law allows parents up to 16 hours during a 12-month period to attend their child's school-related activities, provided the activities cannot be scheduled during non-work hours. The law also keeps provisions in current statute which, in certain cases, require an employee to "provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer." Employers are not required to pay for the leave, but if the employee has accumulated vacation time or other paid time off, he or she may use it. The measure was sponsored by Rep. Mindy Greiling (DFL-Roseville) and Sen. Ellen Anderson (DFL-St. Paul). HF2682*/SF2438/CH341 ENERGY Koch tax break A bill exempting high-efficiency electric power generation plants from property taxes on equipment has become law. The measure, sponsored in the House by Rep. Loren Jennings (DFL-Harris), aims to keep Koch Refining Co. from building its $300 million cogeneration facility out of state. The company has said it wants to build the plant in Rosemount, Minn., and has lobbied extensively for the new law. "Passage of this bill will assure a number of trade jobs in the community to build the facility," Jennings has said. "And it will be the cleanest burning facility of its type." Cogeneration is a combustion process that uses heat more efficiently than does a conventional power plant. The exemption will be granted to plants that reach a certain level of efficiency. The measure aims to make Minnesota more attractive to other plants that use or plan to use the process. Supporters of the new law have said Minnesota is unattractive to electric generation companies relative to other states. Some also say the state needs an energy policy that encourages cleaner burning processes such as cogeneration. Critics have said the exemption unfairly favors one industry over others. The measure signed into law could exempt Koch from all property taxes on equipment if the cogeneration plant reaches a certain level of efficiency. The bill was sponsored in the Senate by Sen. Steve Novak (DFL-New Brighton). HF637*/SF1147/CH444 ENVIRONMENT Environmental funding The $10.3 million environmental budget package has been signed into law. The measure increases state park fees, provides relief for northern Minnesota counties that suffered extensive timber damage, and sets aside $1.3 million for an off-road vehicle park in Gilbert, Minn. Under the law, the annual state park fee will increase from $18 to $20 for most people and from $12 to $20 for senior citizens. Those 1997 fee increases, plus a hike in campground permit fees, will raise an extra $325,000 annually for state parks. The law does not include an increase in fees for disabled park users, as originally proposed by the House. Gone from the measure are four projects totaling $215,000 that were line-item vetoed by the governor. (See page 37 for related story.) The proposal was sponsored by Rep. Chuck Brown (DFL-Appleton) and Sen. Steve Morse (DFL- Dakota). HF3231/SF2167*/CH407 Timber damage The northern Minnesota counties of Aitkin, Becker, Clearwater, Hubbard and St. Louis receive a total of $250,000 in fiscal year 1996 to repair damage from thunderstorms that struck in July 1995. The money will 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 Department of Natural Resources (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 will get $240,000 to pay for unexpected clean-up costs associated with the 1995 storm. State park management The law 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 will spend $1.3 million to develop an all-terrain vehicle recreation area in the city of Gilbert, Minn. Brown's original proposal contained an $850,000 appropriation for an all-terrain vehicle recreation area to be located on the Iron Range. The law 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 will be used to help both big and small dairy farmers under the law. The money will help supply new technologies to dairy farmers. A board of farm business instructors, extension specialists, and dairy industry representatives will help to administer the technology. The Dairy Producers Board will be charged with reporting on the program to the Legislature by Jan. 15, 1997. Beaver damage Local governments affected by beaver damage will 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 for research and development relating to alfalfa production. The appropriation is four times the amount contained in the original House bill. The money will 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 will be created with Metropolitan State University at a cost of $75,000. The goal of the program is to promote integrated pest management in urban areas. River basin funding The law 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. 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 will get $75,000 to study and propose a solution to accelerated sedimentation along the eastern shoreline of the Mississippi River. The University of Minnesota will use the money at its St. Anthony Falls laboratory. Minnesota resources Projects aimed at preserving the state's resources will get $4.8 million under the law. 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 will fund the development of metro-area parks. Another $1 million will 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, will get $750,000 under the law. Wetlands changes The lengthy debate between legislators, local officials, farmers, and environmentalists over wetlands has ended in a compromise that has been signed by the governor. Rep. Willard Munger (DFL-Duluth), House sponsor of the new measure and chief proponent of wetlands regulations, said the compromise will make the landmark Wetlands Conservation Act "more workable" for all areas of the state, particularly those areas with a high percentage of wetlands remaining, while maintaining a high level of resource protection. The much-awaited changes to the 1991 wetlands law, which stalled in conference committee last session, will provide broader exemptions and more flexibility in current replacement requirements. Farmers who have shown a need for more flexibility will benefit from the law's expanded definition of "agricultural land," which applies agricultural exemptions to wetlands located in farming areas. Another provision will allow farmers to drain many wetlands that are less than five acres, under certain conditions. Munger said these are mostly "small, nuisance wetlands located on farmland." The replacement requirements for drained or filled wetlands also will be eased under the law. These will benefit certain northern Minnesota counties, where officials have said new development is hindered by current law. Current law requires most wetlands larger than 400 square feet that are eliminated to be replaced by two wetlands of equal size. Under the new law, in areas where 50 to 80 percent of presettlement wetlands exist, the 2:1 replacement ratio would drop to 1:1. In counties with more than 80 percent of presettlement wetlands (where replacement is already at a 1:1 ratio), the size of wetlands exempt from replacement requirements will rise from 400 square feet to 10,000 square feet outside of shoreland wetland protection zones. In counties with 50 to 80 percent of presettlement wetlands, areas of up to 5,000 square feet will be exempt. In counties with less than 50 percent of presettlement wetlands, those up to 2,000 square feet will be exempt from replacement. Environmentalists gained support for a provision that will require the replacement of wetlands lost in the metro area (due to road projects) to be made within the same area, if possible. Replacement should occur first within the same watershed district and, if that's not possible, within the county, or another county within the seven-county metro area. Current law allows such losses to be replaced in other areas of the state. Proponents of the new provision argued that the metro area was losing what is left of its sparse wetlands. Rep. Betty McCollum (DFL-North St. Paul) said the new policy will create "clean water and green space," calling the change "the right step" to take. Changes also will be made regarding wetlands affected by road projects. Under current law, a public transportation authority that drains or fills a wetland while doing road work must replace the wetland. The new law exempts repair and replacement of existing local roads from that requirement. The Board of Water and Soil Resources (BWSR) will replace wetlands that are drained or filled from local road repair projects. The 1996 bonding bill (HF3273/SFnone/CH463) includes a related provision that would appropriate $3 million to BWSR for the purchase of perpetual easements, and to replace wetlands that are drained or filled as a result of the work on existing local public roads. In addition to the added exemptions and flexibility, the new wetlands law offers more local government control over wetland management. Local governments will adopt wetland protection and management plans which, after review and approval by BWSR, will replace the strict rules that now must be followed. The measure also will set forth two programs to encourage local governments to preserve high priority wetlands: a modified tax exemption program and an easement program for the protection of at-risk wetlands. The law also calls for an analysis and recommendations on how wetlands regulations affect property values, and to determine levels of compensation for landowners who have suffered losses as a result of wetlands regulations. To help those with questions on the complex wetlands laws and regulations, a toll-free number and a local government integration program to offer assistance to landowners will be established. The new law is effective April 12, 1996. Sen LeRoy Stumpf (DFL-Thief River Falls) sponsored the bill in the Senate. HF787*/SF1116/CH462 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 new environment and natural resources finance law (HF3231/SF2167*/CH407) to cover the additional costs. 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 FAMILY Foster children, adoption Effective April 3, 1996, a new law will bring Minnesota's foster care and adoption laws closer to conformity with new federal standards. The federal Multi-ethnic Placement Act, which Congress approved in 1994, prohibits agencies from using race, color, or national origin as the sole criteria for denying or delaying placement of foster and adopted children. The new law amends the Minnesota Heritage Act to bring it into compliance with federal law. House sponsor Rep. Barb Sykora (R-Excelsior) has said the law will increase efficiency and reduce the costs to counties of foster care and adoption placements. She noted that these improvements will help to bring stability into the lives of the children affected by these laws. Under the law, agencies cannot delay the placement of children until a household of the same race has been found. In addition, the proposal repeals a law that requires agencies to make special efforts to recruit a foster family of a certain racial or ethnic heritage. Placement of children in households of the same race will remain one of four factors in law that agencies consider, within the stated policy goal that all placements be in the "best interests of the child." But the law also adds a new consideration in determining the placement of a child; with an important friend with whom the child has lived or had significant content. In order of consideration, the law now asks that child-placing agencies look to relatives of the child, an important friend, a family of the same racial or ethnic heritage, or a family of a different racial or ethnic heritage. Other provisions prohibit agencies from using race as the sole basis for determining eligibility for the Adoption Assistance Program. This program provides assistance to households adopting children who have been severely neglected, abused, or have major medical problems. The law also establishes an appeals process for foster care providers who feel they haven't received the benefits to which they may be entitled. It also uses statutory definitions of "egregious harm" and "substantial bodily harm" within the context of the law to specify when children should be removed from the homes of foster care providers. The proposal was sponsored in the Senate by Sen. David Knutson (R-Burnsville). HF2158/SF1885*/CH416 GAMBLING Retail lottery contracts A new state law, effective Feb. 29, 1996, reduces red tape for retailers who sell state lottery tickets. The law allows retailers to sell lottery tickets at more than one site under a single contract with the state. The new law also will change requirements for the posting of bonds by lottery retailers. Previous law required a contract for lottery sales at each retail location. That meant a business person who ran five convenience stores had to enter into five separate lottery contracts with the state. Also under previous law, all lottery retailers had to post a bond to protect the state's financial interests. The new law makes the posting of bonds optional at the discretion of the state lottery director. The legislation was sponsored by Rep. John Dorn (DFL-Mankato) and Sen. Jerry Janezich (DFL- Chisholm). HF2316/SF1936*/CH288 GAME AND FISH Omnibus game and fish It no longer will be a crime for kids to put sunfish in their home aquariums under a new law. The law makes a number of changes to the state's hunting and fishing laws. Under current law, transplanting a game fish from a lake to an aquarium is a misdemeanor, punishable by up to 90 days in jail and a $700 fine. The new law allows those under age 16 to take by angling "fish for display" in aquariums. The law limits the take to no more than four fish of each species, none of which can exceed 10 inches in length. Not all fish can be taken, however. The law specifies that only largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie, bluegill pumpkin seed, green sunfish, orange spotted sunfish, and black, yellow and brown bullheads are permitted. An amendment that would have allowed adults to take fish for their aquariums was removed in conference committee. Other provisions in the law will: -- permit full-time students who are non-residents to take big game, except moose, if they buy a resident big game license. Current law allows these students to take only fish or small game; -- require the DNR to seek public input on the allowance to take antlered deer in more than one zone, and whether the license to do so should be extended to archery and muzzle-loader hunters at no additional fee. The DNR must report the results to the Legislature by March 1, 1997; and -- permit the possession of trout or salmon without the purchase of a license stamp on certain lakes where there are no limits and the methods of taking fish go beyond traditional hook and line. Currently, this benefit is given only to anglers with a 24-hour license. The provisions described above are effective Aug. 1, 1996. The proposal was sponsored by Rep. Bob Milbert (DFL-South St. Paul) and Sen. Janet Johnson (DFL- North Branch). HF2799/SF2445*/CH410 Feeding hungry deer Deer populations hurt by this winter's intense cold and heavy snow could be helped under a new law. The law provides up to $750,000 for an emergency deer feeding program in the northern one-third of the state. The funds were made available March 2. The dollars will come from a portion of the proceeds from hunting and fishing licenses, but the law will not increase the cost of those licenses. Rep. Tom Bakk (DFL-Cook), said he initially proposed the law when he discovered the Department of Natural Resources operates a deer feeding program only in northwestern -- not northeastern -- Minnesota. The feeding program in the northwestern portion of the state targets agricultural lands. The DNR ran a deer feeding program in the heavily-forested northeastern region in 1989 but discontinued it because it led to less than a 3 percent increase in the deer population. Bakk has said hunters from the northeast, who contribute to the state's deer feeding fund through their annual license fees, also deserve an emergency feeding program. The law calls for a study to be conducted to examine the costs associated with the emergency deer feeding program and the effect the project has on the deer population. The proposal was sponsored by Bakk and Sen. Doug Johnson (DFL-Cook). HF2902/SF2596*/CH294 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. No new airport A bill banning the construction of a new international airport in Dakota County is awaiting action by Gov. Arne Carlson. The bill would instead expand the existing airport near Bloomington with a new north-south runway designed to reduce flights over Minneapolis. It is expected to cost less than $1 billion. The legislation, however, did not authorize the building of a new terminal on the airport's west side. It also struck down a third parallel runway that would have directed air traffic -- and the noise that accompanies it -- deeper into Minneapolis. Not only did the bill fail to authorize the third runway, it created extra protection to prevent it from being built. Even if the Legislature changes its mind and someday authorizes a third parallel runway, that runway could not be built without the approval of affected cities in the area (Minneapolis, St. Paul, Bloomington, Richfield, Mendota Heights, and Eagan). It requires the Metropolitan Airports Commission (MAC) to sign contracts with each city stating that it will not construct a third runway without the affected city's approval. If MAC fails to negotiate the contracts by Jan. 1, 1997, the airports commission must pay each city with which it fails to sign a contract (property owners would be third-party beneficiaries) twice the amount of money it usually does for airport noise mitigation. The bill also requires a report on the environmental effects of expanding the airport and requires MAC to spend no less than $185 million between 1996 and 2002 for soundproofing homes, schools, and other publicly owned buildings as well as for acquiring property impacted by the noise. Furthermore, the airports commission must sound insulate and air condition four Minneapolis schools and two Richfield schools. Another provision in the bill prohibits noisy aircraft from using the airport after Dec. 31, 1999. Specifically prohibited would be aircraft not complying with stage 3 noise levels, which means only newer planes or older ones with noise mitigation devices would be allowed. A separate section of the bill aims to redirect the expansion of the Mall of America in order to keep room available for the expansion of the Minneapolis-St. Paul International Airport and save the airports commission and the city of Bloomington some money. The bill authorizes the city of Bloomington to transfer a 9-year-old special taxing district east of the mall to the north side of the mall. To do that, the Metropolitan Sports Facilities Commission would have to be willing to sell its lucrative piece of land on the north side -- the Met Center site -- for the mall's new development. If the sports commission did, it would free up the east side land to help make room for the airport expansion. Switching the taxing district is necessary because under its current contract with the city of Bloomington, the mall must expand wherever its special taxing district lies. If the mall continued to expand on the east side and the airport expansion materialized, federal safety rules would come into play and dictate that the mall's east side development be razed because it would be too close to a runway. Not only would it be a waste, but if the airports commission and the city of Bloomington came in at that time to buy up the already-developed land, the cost of the property would be significant. The bill was sponsored by Rep. Dee Long (DFL- Mpls) and Sen. Ted Mondale (DFL-St. Louis Park). HF3012*/SF2365/CH464 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 Chicano-Latino council A new law will bring greater geographic diversity to the Minnesota Spanish-Speaking Affairs Council and change the group's name. The law, effective April 3, 1996, also increases the number of members on the governor-appointed council from seven to 11, including eight members representing each of the state's congressional districts and three members appointed at large. Two non-voting members from both the House and the Senate also will sit on the council. The group will now be called the Minnesota Council on Affairs of Chicano/Latino People. The term "Chicano/Latino" is defined as a person born in or a descendent of people from Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Panama, Paraguay, Puerto Rico, Uruguay, or Venezuela. The council has expressed concern that their seven members do not represent outstate interests. Its current members, who are appointed by the governor, predominantly represent the metro area. The law also makes minor changes to laws relating to the Council on Black Minnesotans, the Indian Affairs Council and the Council on Asian- Pacific Minnesotans. The proposal was sponsored by Rep. Matt Entenza (DFL-St. Paul) and Sen. Sandy Pappas (DFL- St. Paul). HF2193/SF1902*/CH420 Recognizing Taiwan A resolution the Legislature passed calls for the United States to recognize the Republic of China (Taiwan) and asks that it be admitted as a member of the United Nations. The governor filed the resolution without his signature. The resolution, (HF14) calls for the United States government to consider rendering active support to "expedite the full participation of the Republic of China in the international community." Rep. Mike Jaros (DFL-Duluth), who sponsored the measure, said Taiwan is the 14th largest trading nation in the world. The U.S. established full diplomatic relations with the People's Republic of China in 1979. It severed its diplomatic relations with Taiwan but still maintains trade relations. Copies of the resolution will be forwarded to Congress and other federal offices. HF14*/SFnone/Res. 4 HEALTH Hospital stays after birth Mothers and their newborn babies will have the option to stay in the hospital a little longer under a new law signed by Gov. Arne Carlson. The new law, effective March 20, 1996, requires insurance companies to cover a minimum of 48 hours of inpatient care following an uncomplicated vaginal delivery and at least 96 hours of inpatient care following an uncomplicated cesarean section. Currently, many mothers and newborns are being sent home 24 hours after delivery and doctors worry about the health risks to both patients. Under existing law, hospital patients can sign a waiver to be released whenever they dictate, so a mother could still leave before 48 or 96 hours. No doctor or health plan, however, could force a mother and child to leave before 48 or 96 hours elapse following the delivery, depending on the method of delivery. The new law also prohibits health plans from providing any compensation or other non-medical benefit to encourage a mother and newborn to leave the hospital early. The provision represents a preemptive strike. While lawmakers acknowledged that this practice currently doesn't occur in Minnesota, it does in other states. Should a mother leave the hospital before 48 or 96 hours have elapsed, her insurance company must provide coverage for the option of one home visit by a registered nurse, under the new law. Services provided by the nurse include parent education, training in breast and bottle feeding, and conducting any necessary and appropriate clinical tests. The new law does not apply to businesses that are self-insured or to health plans administered by the state, such as MinnesotaCare or Medical Assistance. The measure was sponsored by Rep. Joe Opatz (DFL-St. Cloud) and Sen. Don Betzold (DFL-Fridley). HF2008*/SF1791/CH335 Unmarked cars OK Effective Feb. 16, 1996, employees with the Department of Health's Disease Prevention and Control Division can use unmarked motor vehicles for work, under a new law. The law adds a handful of health department employees to the list of those authorized to drive unmarked state motor vehicles. The law was proposed to both keep state employees from using their own cars for work and to prevent embarrassing residents by having a labeled health department van visit their home. The job duties of the added employees include notifying people who are infected with a sexually transmitted disease. The proposal was sponsored by Rep. Bill Haas (R-Champlin) and Sen. Don Betzold (DFL-Fridley). HF2110/SF1862*/CH269 HIGHER EDUCATION Higher ed bill signed A $14.4 million higher education funding law requires changes in the tenure code for the University of Minnesota academic health center. The measure provides supplemental funding for the state's higher education institutions, including the University of Minnesota (U of M) and the Minnesota State Colleges and Universities (MnSCU) system. The dollars are available July 1, 1996. A total of $9 million is marked for the U of M. The state will spend $6.6 million to restructure the academic health center, but the money is 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 will be used to improve technology and update curriculum. Ninety percent of the academic health center appropriation -- about $5.9 million -- is contingent on the U of M making changes to the personnel policies in the center. The law states that the Legislature "requests" the school to 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 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 is earmarked for the University of Minnesota-Duluth (UMD) medical school. But the money hinges 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 law, UMD has to expand the training of rural nurse practitioners, pharmacists, physician assistants, and general practitioners. The school also will have to develop electronic links to facilitate video conferences and the transmission of images and other information. Another $2 million in the law will be used for interactive communications technology to link academic health center facilities in Minneapolis, St. Paul, and Duluth and other community-based sites. The law also includes $5.3 million for the MnSCU system. Most of the money will bolster technology on the campuses. Under the measure, about $4.5 million will be made available for grants for the use of technology to improve learning in the classroom. Grants of up to $250,000 are to 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 will 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 law includes $800,000 for the U of M and MnSCU to initiate a joint project to coordinate distance learning efforts and improve such programs. Other provisions of the law will: -- provide $150,000 for the establishment of a statewide on-line library system. The dollars will fund a library planning task force whose goal is to set up an on-line system to serve colleges, public libraries, and public schools; and -- 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. A total of $1.5 million to increase living and miscellaneous allowances in state grants for college students was line-item vetoed by the governor, as was a $50,000 appropriation to repay college loans for graduates of Minnesota law schools who practice low-paying, public-interest law. The proposal was sponsored by Rep. Tony Kinkel (DFL-Park Rapids) and Sen. LeRoy Stumpf (DFL- Thief River Falls). HF3239/SF2849*/CH395 Reducing mandates If there is a foot of fresh snow on the ground and travel is dangerous in Bemidji, the president of the local state university may want to close the campus for the day. But he couldn't do it on his own. State law says the ultimate decision must be made by officials 220 miles south in St. Paul. A new state law changes all that and aims to get rid of state mandates that neither bolster education nor improve accountability at state-funded higher education institutions, according to House sponsor Rep. Gene Pelowski (DFL-Winona). The law grew out of a collaboration between lawmakers, system officials, college students, faculty, and administrators. The goal is to allow higher education institutions to devote more of their energy to educating and less time and resources wrestling with unnecessary state regulations. The law represents a philosophical shift in government's role in the delivery of higher education, according to Pelowski. The state still sets performance expectations for the systems and campuses, but the institutions are given more decision-making authority to meet those expectations. One example is the simplification of procedures for closing campuses in weather emergencies. Under the law, officials at Minnesota State Colleges and Universities (MnSCU) system campuses no longer must get approval from the Department of Employee Relations to close a campus because of bad weather. Most changes are effective April 3, 1996, and the list below includes some of the highlights. -- Purchasing by MnSCU institutions is made more efficient and cost effective. Under previous law, campuses had the authority to make purchases only up to $1,500, and most purchases had to be made through the state Department of Administration. But campus officials have said they often pay the state more than they would pay local merchants for the same products, whether it's toilet paper or computer disks. The law exempts the institutions from state purchasing requirements. -- Many reporting requirements are dropped. Officials from the colleges and universities consider some of the reports currently required to be especially onerous. For example, campuses now must file a report any time refreshments are served at a meeting. The report must list the names of all in attendance and disclose what was served and its cost. The report then must be signed by appropriate campus officials and filed with the Department of Finance. The law exempts the MnSCU system and its campuses from this and many other reporting requirements. -- Proof of immunization mandates are altered to spare colleges and universities a lot of paperwork. Current law requires that each student produce evidence of immunization in order to register for classes. The new law stipulates that beginning in 1997 the schools do not have to get immunization records from students who are graduates of Minnesota high schools. Determining if students are properly immunized will be done at the high school level. -- Common calendar requirements now on the books also are changed. A 1995 law required all MnSCU campuses to begin the school year at the same time. The law sought to ease transfers between schools. But some college officials complained the change would complicate local arrangements, such as those between technical colleges and school districts. The new law stipulates that co-located institutions (most often community and technical colleges) be on the same calendar, but all institutions are otherwise free to set a calendar in the best interests of the students. Pelowski has said that the collaborative effort to reduce mandates on higher education institutions demonstrates that reform "doesn't have to be a partisan affair." The proposal was sponsored in the Senate by Sen. Steve Murphy (DFL-Red Wing). HF2206*/SF2143/CH398 HOUSING Deterring illicit activity Vacant houses in the inner city could lose their allure to criminals under a new state law. The law will require, effective Aug. 1, 1996, that owners of vacant buildings pay for at least one of the following: external lighting; "no trespassing" signs; a resident caretaker; or an alarm system. The cost of securing the building would become a lien against the property if an owner couldn't be found. Besides inviting the danger of drug dealing and prostitution, vacant buildings cost tax dollars in frequent police calls, lost homeowners, and increased refurbishing costs due to wire-stripping and plumbing removal, proponents argue. The law applies to all cities in Minnesota. House sponsor Rep. Karen Clark (DFL-Mpls) has estimated there are about 400 abandoned houses alone in the Phillips neighborhood of Minneapolis. That neighborhood -- home to Clark's district -- is bounded by Lake Street and Interstate 94 and Hiawatha Avenue and Interstate 35W. Current Minneapolis regulations require building owners to secure and sometimes board up property left vacant because it is condemned or foreclosed. But owners can be hard to find and unwilling to pay -- a reality that costs. The Minneapolis Police Department spent about $30,000 last year to board up vacant buildings. Police have said that price is much cheaper than the legal costs of pursuing property owners. Sen. Linda Berglin (DFL-Mpls) sponsored the proposal in the Senate. HF2039/SF1812*/CH286 Problem tenants A new state law aims to help landlords and residents fight drugs and prostitution. The proposal, sponsored in the House by Rep. Karen Clark (DFL-Mpls), makes it easier for community members to get the names and addresses of suspicious drivers in the neighborhood. It also attempts to give landlords an easier route to both keeping out bad tenants and evicting drug dealers. The law's provisions include: -- waiving the $1.50 fee required to obtain motor vehicle registration information. Effective Aug. 1, 1996, community members who work to fight crime will be able to learn the identities of suspicious-looking drivers in their areas at no charge. Neighborhood groups could use this information to send "notice" letters to the drivers to let them know they are being watched. Minneapolis Police already do this, Clark has said, but the new law will allow more letters to be sent by enlisting the help of community members; -- adding to lease provisions the "purchase" of a drug as grounds for eviction, effective Aug. 1, 1996. According to Clark, community crime officers have said there is a loophole in current law that prevents landlords from evicting tenants solely for a drug purchase. She said it is easier to evict when drugs are found in a tenant's apartment; and -- specifying, effective Aug. 1, 1996, that tenant screening agencies must get the full name and date of birth of those seeking housing. Full names and dates of birth are required by the FBI to do criminal history searches. Full names are also required to do an accurate background check on previous residences, Clark said. She said many landlords end up with problem tenants because they didn't get such information before offering the tenant a lease. The proposal was sponsored in the Senate by Sen. Linda Berglin (DFL- Mpls). HF2040*/SF1811/CH328 Right to privacy A new law, effective Aug. 1, 1996, eases the requirements of previous law governing the privacy rights of tenants. The measure changes a 1995 tenant's privacy law that some tenants and landlords have said is too strict, according to House sponsor Rep. Linda Wejcman (DFL-Mpls). Under the law, a landlord or resident caretaker can -- without giving notice -- enter the apartment of a tenant who is over age 55 to do prearranged housekeeping. Under the 1995 law, landlords are subject to monetary penalties if they enter an apartment without giving the tenant reasonable notice. Entering for anything other than showing an apartment or doing maintenance tasks also brings a fine under the law. The proposal was sponsored in the Senate by Sen. Ellen Anderson (DFL-St. Paul). HF2242/SF2196*/CH367 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 A $14.8 million health and human services supplemental budget bill containing money for nursing homes and people with disabilities now awaits the governor's signature. The bill would spend $5 million on nursing homes and attaches a 30-day residency requirement for some welfare recipients who receive Aid to Families with Dependent Children, MA, General Assistance, or General Assistance Medical Care. One of the most significant portions of the bill restores millions in cuts made by the 1995 Legislature to two programs that help people with disabilities live independently at home instead of in a group home or nursing home. Without the $4.7 million in the supplemental budget bill, hundreds of adults and children with disabilities will lose the help they receive at home that keeps them out of an institution. Last year, at the urging of Carlson, lawmakers cut a program that provides in-home personal care attendants (PCA) for the disabled. The cuts are scheduled to go into effect July 1, 1996. Other scheduled cuts would hit a program known as TEFRA, which allows the families of children with disabilities to buy into the joint state and federal Medical Assistance plan. This helps them afford costly medical care that their private insurance doesn't cover. The 1995 law tightened eligibility requirements and limited some services for both programs. One section required those receiving the help of a personal care attendant to be capable of directing their own care or be cared for by family members or placed in an institution. Another section reduced by 12.5 percent the maximum number of personal care service hours a recipient may receive. And still another section directly affected mentally ill adults by eliminating services a PCA could provide. Specifically, the 1995 law cut what are called "prompting" and "monitoring" services. That meant mentally ill adults could no longer rely on a PCA to remind them to take medication, prepare meals, or help them get to and from the psychologist or doctor. The proposal restores those cuts, eliminates the requirement that recipients be able to direct their own care, and reinstates services such as prompting and monitoring. Rep. Lee Greenfield (DFL-Mpls) and Sen. Don Samuelson (DFL-Brainerd) sponsored the health and human services supplemental budget proposal. Below are some of the other highlights of the bill. HF1584*/SF1703/CH451 Welfare reductions Welfare programs would see a $30 million reduction due not to cutbacks, but fewer people needing help. Forecasts used last year to put together the 1996-1997 two-year budget for human services overestimated how many people would participate in public assistance programs. Reliance on welfare has lessened because Minnesota's job market is in good shape, according to state officials. Also, officials credit MinnesotaCare for keeping more people off welfare. MinnesotaCare is a state subsidized health plan that allows certain low-income families and individuals to buy health insurance at reduced costs. Discounted drugs Another section of the bill directs the departments of health, human services, and administration to develop a plan to provide prescription drugs at discounted prices to individuals 65 and older whose income is below 200 percent of the federal poverty level. For a family of two, that would mean an annual income of $20,060 and for a family of one, $14,940. The departments are to submit the report to certain legislative committees by Oct. 1, 1996. Adoption assistance More parents wanting to adopt children with disabilities or other special needs could see some financial help from the state. The bill sets aside another $1.5 million to help families adopt such children. Senior nutrition The bill marks $600,000 to expand programs that offer meals and groceries to the elderly across the state. Committee members were told that good nutrition can help keep senior citizens out of nursing homes. A portion of the money would flow through the Minnesota Board on Aging to local agencies to expand elderly food programs statewide. Another portion would be given directly to local agencies on aging to help pay for such elderly services as: the home delivery of meals, groceries, and prescriptions; transportation to supermarkets and congregate dining sites; vouchers for meals at selected restaurants in isolated rural areas; food stamp outreach; and nutrition screening and counseling. Senior citizens quickly suffer from dehydration and become malnourished if they don't eat properly, proponents have said, adding that minor illnesses can worsen and broken bones take longer to heal due to poor eating. Proponents of the bill content that home delivery of meals to "shut-ins," as well as congregate meals at senior centers and other sites, are invaluable. They not only keep many seniors healthy, but the latter is especially helpful in getting seniors out and socializing. Lead poisoning Money to help relocate families whose homes are affected by lead poisoning is also part of the bill. In all, $100,000 would be appropriated to the Department of Health to help clean up lead. Part of the money would be used to help relocate families whose children or other members are experiencing lead poisoning stemming from sources such as contaminated dirt, water, or paint chips. Affected residents would relocate while their old home undergoes a cleanup. Another portion of the money would help fund a study of the legal responsibilities for landlords and tenants in the area of lead poisoning and clean up. Birth defects registry The bill would spend $195,000 to develop a statewide birth defects registry to collect, analyze, and distribute information on birth defects. The Department of Health is to put the registry together. According to the department, about 3 percent of babies are born with a birth defect and without a tracking system, it is difficult to isolate causes. The purpose of the registry is to monitor the trends in birth defects, investigate clusters of birth defects to address concerns with scientific data, identify cases of birth defects for study to establish a cause, increase public awareness, and evaluate the effectiveness of certain prevention programs. Restaurant license fees The bill also contains a proposal to cut license fees for temporary food stands -- those at fairs and similar events -- that operate seven days per year or fewer. Those establishments would pay $60 for an inspection compared to the current fee of $130. In addition, the bill also sets a $30 fee for special event food stands with a limited menu. CHILD program The supplemental budget bill would spend $30,000 on a new child abuse prevention program known as Children Helped in Long-term Development or CHILD. The measure authorizes the Department of Health, in consultation with the Department of Children, Families, and Learning and the Department of Human Services, to develop a statewide CHILD program using volunteers to promote a child's development in their own home. The program would match volunteers with families before or soon after a child is born. The volunteer would visit the home and help the family cope with stresses that increase the risk of child abuse. Welfare changes A welfare bill that includes new residency and work-search requirements and requires both caregivers in certain two-parent households on welfare to work is awaiting Gov. Arne Carlson's signature. Under the bill, most individuals would have to reside in Minnesota for 30 days before they could receive General Assistance (GA), General Assistance Medical Care (GAMC) or Aid to Families with Dependent Children (AFDC). The bill also includes $5 million to help subsidize child care costs for more low- and moderate-income families and prohibits welfare recipients from cashing AFDC and GA benefit checks at casinos or other gambling establishments. In addition, the bill would prohibit private insurance companies from charging a co-payment on "appropriate immunizations" for children ages 6 to 18. Current law already prohibits co-payments for children from birth to age 6. Under the bill, the Department of Human Services could, to the extent child care funding is available, require both caregivers in a two-parent household to work if they are receiving AFDC and their children are age 6 or older and not in kindergarten. In all, this provision is expected to affect about 800 families in Minnesota, according to the Department of Human Services. Assistant Commissioner Deborah Huskins has told lawmakers the provision is necessary to meet federal guidelines. Last year, she said, the federal government warned the state of a maximum $5 million sanction because not enough two-parent welfare families were working. Currently, the federal government, which funds the AFDC program jointly with the state, requires 60 percent of two-parent welfare families to work. To date, Huskins said, Minnesota has 37 percent or 1,231 families. In 1997, the federal requirement jumps to 75 percent, so the state needs to do something to ensure that it can meet that target. Huskins said the provision would trigger a need for more child care with both caregivers working. To help, the bill sets aside $450,000 to pay for two- working-parent child care grants. In addition, the bill would require two-parent families in the Minnesota Family Investment Plan (MFIP) welfare program to find work after receiving assistance for six months. This, too, would apply only to caregivers whose children are age 6 or older and not in kindergarten. MFIP, a program operating in eight counties, allows families on AFDC to keep more of their earned income while receiving some public assistance. This goal is to help AFDC families become self-sufficient. Another provision in the bill would allow counties the option of starting up a new jobs program for AFDC recipients called MNJOBS. Along with state agencies, counties would work with local public and private employers and work force councils to operate the employment program. In counties that choose to use the program, AFDC recipients would be required to participate or face sanctions, such as the loss of their public assistance benefits. Welfare recipients would complete a face-to- face orientation on the program within 10 days and be advised of their need to work. Those on AFDC would be required to begin searching for a job within 30 days of the MNJOBS orientation and job hunt for at least 30 hours per week for up to four weeks. People who are working at least 20 hours per week would have to conduct a job search only for 12 hours per week for eight weeks. AFDC recipients who can't find private or non- government funded employment within 24 months would be referred to a government-subsidized, public jobs program. The welfare package originally began as HF2609*/SF2347 sponsored by Rep. Bob Anderson (DFL-Ottertail) and Sen. Don Samuelson (DFL- Brainerd). Toward the last hours of the 1996 Legislative Session, it was attached to a small bill requiring insurance companies to provide coverage for the treatment of diagnosed Lyme disease. HF219*/SF221/CH465 INSURANCE Omnibus insurance bill Insurance consumers will have better protected under a new state law. The omnibus insurance measure expands a ban on quotas for the sale of certain kinds of insurance and provides consumers some protection from predatory sales tactics. The law, sponsored by Rep. Tom Osthoff (DFL-St. Paul) and Sen. John Hottinger (DFL-Mankato), also includes a provision requiring insurance companies to pay for a prostate cancer screening. Here's a look at the law's major provisions. HF2378/SF1980*CH446 Quotas banned A 1995 law freed independent agents from company-imposed quotas on the sale of certain kinds of insurance. The new law extends the ban on quotas to many agents who sell directly for one company. Previous law barred insurance companies from requiring independent agents to meet quotas on the sale of certain types or mixes of policies. For example, companies cannot link an independent agent's right to sell property or casualty insurance, such as homeowner and automobile policies, to quotas on the sale of life and health policies, which are more difficult to sell. Critics of the quotas claim they can put unreasonable demands on insurance agents and can be detrimental to the service that consumers receive. The new law extends the quota ban to include agents who sell exclusively for one company, as long as the agent has been licensed for at least three years. Protecting consumers Consumers will be provided information about the potential risks involved in replacing an existing life insurance policy or annuity contract. Predatory sales agents target consumers -- in many cases senior citizens -- in a practice called churning, which sometimes leaves individuals stripped of their savings and life insurance. Here's one way it works: A person with a policy of small cash-value is approached by an agent who promises additional life insurance coverage at little or no cost. What the consumer doesn't know is that the new policy, in some cases, will be paid for by borrowing against the value of the old policy which eats away at the policy's cash value and the death benefit. When the cash value of the older policy runs dry, the consumer may be forced to pay large premiums or risk having the coverage lapse. In the end, the consumer can lose his or her savings and the insurance as well. The new law requires life insurers to find out before selling a new policy if it would replace existing coverage. If so, the insurance agent or company will be required to give the consumer a form discussing the possible disadvantages of replacing existing coverage. Both the customer and the agent will be required to sign the form. The agent also will have to send the company holding the existing policy notice of the proposed replacement. Insurance choices Conference committee members attached a provision to require all health insurers to offer an old-fashioned option to consumers. Under the law, each insurer will have to offer at least one policy that allows the consumer to seek treatment from the doctors of their choice. Holders of such a policy will not be bound to see doctors within a specific health care system or to follow a system's requirements for specialist referrals. For group coverage, it will be up to the employer -- not individual employees -- to decide whether to choose the coverage option. Cancer screening The law requires insurance companies to cover prostate cancer screening. Under the law, companies will be required, under certain conditions, to pay for a blood test used to identify the disease. Insurers will have to cover the prostate specific antigen (or PSA) test for all men older than 50 and for men older than 40 who have symptoms of the disease or are in a high-risk group. The test is already covered by about half of the health insurance companies, according to Rep. David Tomassoni (DFL-Chisholm). He has argued that it is too important to be denied to any policyholder. Mandated coverage of PSA testing passed the House earlier but was not in the Senate bill. Conference committee members agreed to a compromise that will repeal the mandate after two years. Canceling insurance Insurance companies and HMOs can no longer retroactively terminate a person's coverage without the person's consent under a new state law. The law, effective March 14, 1996, applies to group health and life policies, including group accidental death and dismemberment policies, and disability policies. The law makes clear that insurers may not retroactively cancel, rescind, or terminate the coverage of an employee, dependent, or other person covered under a group plan without the affected person's written consent. Rep. Wes Skoglund (DFL-Mpls), who sponsored the proposal in the House, has said the need for the law was illustrated by a man whose coverage was canceled after leaving a job where he was covered under a group plan. The employee successfully passed a three-month probation period and was formally granted health benefits. After receiving his insurance card, he went to the doctor, accumulating some bills that were less than a $1,000. Several weeks after receiving the health benefits, his employment was terminated, and his employer instructed the insurer to remove the employee from the group coverage retroactive to the date he was added to the group policy. Even though his premiums were paid, his insurer refused to pay for the doctor bills that were clearly covered under the plan. The insurer relied on a provision in the contract allowing them to retroactively cancel in the event of an administrative "mistake." But in this case there was no mistake, according to committee testimony. It simply was a "bad faith" effort on the part of the employer and insurer to save money (the employer received a refund of the premiums paid to the insurer), said proponents of the law. "Everyone who is in an accident would be canceled 'yesterday,'" if insurance companies were allowed to exercise such tactics, Skoglund has said. If an employer does not notify an insurer about the termination of an employee, the insurer may retroactively terminate coverage, so long as the termination date is after the person's last day of employment. However, this provision does not limit a person's right to continuation of coverage under federal and state law. The proposal was sponsored in the Senate by Sen. Ellen Anderson (DFL-St. Paul). HF2044*/SF2516/CH304 Denying a claim A new law will ensure that insurance companies are not denying a legitimate homeowner's claim due to a technicality. The law affects homeowners' policyholders who have a property claim. In some cases, insurance companies require a "proof of loss" form (a formal document sworn to under oath) within 60 days of the claim. The proof of loss document is in addition to the claim filed with the company. Under the new law, insurance companies cannot deny claims because a proof of loss document was not filed, unless they give written notice to policyholders that the document is required and provide the form. Policyholders then will have 60 days from receipt of the notice to file the proof of loss (or longer if it can be proven the deadline was missed for a good reason). Rep. Bill Macklin (R-Lakeville), House sponsor of the law, said the law stems from a woman whose valid claim was denied because she did not know she had to file the proof of loss form. Although an insurance company representative interviewed the woman extensively, the woman was never informed that such a form was required. The company then denied the claim because the form was not filed within 60 days, under an obscure law. The courts ruled on the side of the insurance company because of the way the obscure law was written; however, the judge said that it was an "egregious" result based on a technicality. The woman lost her battle for her rightful claim, but the law will prevent insurance companies from using this type of legal maneuver in the future. The law, sponsored in the Senate by Sen. David Knutson (R-Burnsville), became effective Feb. 28, 1996, and applies to losses that occur on or after that date. HF1749/SF1622*/CH285 Protecting employees Gov. Arne Carlson signed a new law that aims to protect insurance agents from being fired after contacting the Legislature. Under previous state law, insurance companies are prohibited from firing agents who contact a state agency or department about a problem. The new law, sponsored by Rep. Don Ostrom (DFL-St. Peter) and Sen. John Hottinger (DFL- Mankato), would simply make it clear that Minnesota law protects agents who contact anyone in the executive, legislative, or judicial branches. The new law, effective retroactively to May 18, 1989 (the effective date of the original statute), passed the House March 29 on a 129-0 vote. It passed the Senate the same day, 61-0. An incident involving insurance agents Gary Kemp and Mary McClure led to the introduction of the legislation this year. The agents claim they were trying to do the right thing when they backed legislation crafted to protect insurance consumers. It cost them their jobs. Both long-time agents for American Family Insurance, Kemp of West St. Paul, and McClure of Mankato, became active in an effort to pass a legislative proposal that the company opposed. The agents backed a measure to bar insurance companies from requiring agents to meet quotas on the sale of certain types or mixes of policies. The 1995 Legislature passed a law freeing independent agents from such quotas. Kemp and McClure were pushing for lawmakers to extend the quota ban to cover agents who sell policies directly for companies such as American Family and State Farm. American Family said that Kemp and McClure engaged in "conduct prejudicial to the company." On Jan. 11, 1996, the agents were abruptly fired. HF3052*/SF2780/CH433 Protected from discrimination Victims of domestic abuse will be protected from discrimination by insurance companies under a new state law. Effective Aug. 1, 1996, the law will prohibit insurance companies from using domestic abuse as a negative underwriting factor for life or health insurance. Such discrimination is occurring, House sponsor Rep. Dee Long (DFL-Mpls) has said, and that sends the wrong message to abuse victims. In most circles, abuse victims are encouraged to speak out and to seek help. Insurance companies, however, are sending a message that abuse victims should stay silent or face consideration as a high risk and denial of coverage. The proposal was sponsored in the Senate by Sen. Deanna Wiener (DFL-Eagan). HF2344/SF1815*/CH278 Lyme disease Health insurers in the state of Minnesota would have to cover the treatment for Lyme disease under a bill now pending before the governor. The disease -- a bacterial illness transmitted by the bite of an infected deer tick -- affects the skin, joints, and other parts of the body. It can have serious results including chronic arthritis and neurological impairment. Proponents of the mandate claim it is needed because some insurers won't pay for adequate antibiotic treatment of the disease. The proposal was sponsored by Rep. Mary Murphy (DFL-Hermantown) and Sen. Don Samuelson (DFL-Brainerd). HF219*/SF221/CH465 Day care coverage A new law, effective March 19, 1996, clarifies that a homeowners' insurance policy does not cover liabilities arising from a home day care operation. Insurance companies have, in some cases, been held liable under homeowners' policies for claims stemming from home day care. The result is that some insurance companies are refusing to issue homeowners' policies to people who provide day care services in the home. Some day care providers must now choose between having no homeowners' insurance or giving up their day care business, House sponsor Rep. Becky Lourey (DFL-Pine City) has said. The bill would simply clarify that homeowners' policies do not cover day care unless it is specifically stated in the policy. The proposal was sponsored in the Senate by Sen. Deanna Weiner (DFL-Eagan). HF3078/SF2624*/CH326 LAW Data practices act A new law will better protect the identities of students and loosen the red tape when it comes to picking up a library book. The law, sponsored by Rep. Mary Jo McGuire (DFL-Falcon Heights) and Sen. Jane Ranum (DFL- Mpls), is the omnibus data practices proposal, which addresses privacy issues and the release of information held by the government. HF2386/SF2410*/CH440 Among its many provisions, the law will: -- allow a family or household member to pick up a reserved book at a library on behalf of a patron. Patrons, however, could request that books be released only to themselves. Previous law prohibited any release of data that links a patron's name with a particular book; -- allow the release of private welfare data to the Department of Children, Families, and Learning to determine whether children are eligible for free and reduced-price school meals and to help calculate more accurately the number of children receiving Aid to Families with Dependent Children; -- allow the Department of Health or a local board of health to have the current address and telephone number of a welfare recipient to find the person when there is reason to believe the individual is carrying a disease or is at risk of illness; -- expand a 1995 law that states that heads of state agencies, their assistants, or deputies who have a complaint or charge lodged against them will see investigative information about the charge become public after the investigation is completed. If they resign or are fired before an investigation is completed, the information also will become public. The new law expands officials covered under the requirements to include members of boards or commissions required by law to be appointed by the governor or other elective officers and executive or administrative heads of departments, bureaus, divisions, or institutions; -- provide that when a school designates school directory information (information about students that can be released to the public), it must give students and parents notice that they have the right, under federal law, to refuse to release any information for the directory; and -- authorize the vital records division of the Department of Health to release the name and address of an unmarried mother and her child's date of birth to a family services collaborative. The objective is to connect new families in need with social services. Protecting an address Effective March 21, 1996, a new law will allow homeowners to prevent their address from being used wrongfully on another person's driver's license. Rep. Lyndon Carlson (DFL-Crystal), who sponsored the measure in the House, said the new law will help to prevent the kind of trouble experienced by a couple who lives in his legislative district. The couple's address was listed on their adult son's driver's license despite the fact that he did not live at the couple's home and had not for several years. The son had a history of trouble with the law, and that created a variety of problems for his parents. For example, the couple faced higher insurance rates simply because their address was listed on the son's driver's license, according to Carlson. Under the new law, the couple can file notice with the commissioner of public safety to prevent their address from being used on their son's driver's license or state identification card. The law provides that a homeowner must submit a request naming the affected person to prevent him or her from using the homeowner's address. The measure was sponsored in the Senate by Sen. Ember Reichgott Junge (DFL-New Hope). HF2780/SF2571*/CH356 Regulating veterinarians The board that oversees Minnesota's veterinarians will have powers and protections similar to the bodies that oversee other medical practitioners under a new state law. The law, effective Aug. 1, 1996, will alter provisions governing the State Board of Veterinary Medicine. The board issues licenses for veterinarians and can take disciplinary action against license holders who run afoul of proper conduct. The new law will grant board members and employees immunity from civil or criminal sanctions for actions performed in the course of their jobs. Also, the disciplinary actions available to the board will be expanded. In addition to existing authority to suspend or revoke licenses, the board will have the new option of placing limits on a veterinarian's license. The grounds for disciplinary action will be clarified. Existing law allows action to be taken against veterinarians for the "conviction of a crime involving moral turpitude or conviction of a felony" and for, among other things, "chronic inebriety." The new law will replace those provisions to allow disciplinary action aginst those convicted of a felony or gross misdemeanor or who are unable to properly practice because of illness, use of alcohol or drugs, or as a result of any mental or physical condition. The measure was sponsored by Rep. Steve Kelley (DFL-Hopkins) and Sen. Steve Dille (R- Dassel). HF2059*/SF1982/CH415 Damages for bias crimes Effective Aug. 1, 1996, a new law allows victims of hate crimes to seek civil damages for crimes committed against them because of race, color, religion, sex, sexual orientation, or disability. Under the law, a person who is damaged by such a bias offense could sue in civil court and recover either $500 or general and spe-cial damages, including those for emotional distress, whichever is greater. The plaintiff also may seek punitive damages in certain cases and an injunction to stop a particular act or prevent an offender from contacting the victim. The hate crimes language was proposed by Rep. Jim Rhodes (R-St. Louis Park) who has said: "There are hate groups alive and well . . . they're not just in the metro area. This is one way of assuring you can get some kind of damages for the emotional distress." In cases where a minor commits the bias offense, the law holds the parent or guardian liable for all types of damages as long as the amount does not exceed $5,000. It goes on to say that a parent or guardian is not liable if they have made reasonable efforts to exercise control over their child's behavior. The law was sponsored by Rep. Tom Pugh (DFL- South St. Paul) and Sen. John Hottinger (DFL- Mankato). HF1648*/SF1500/CH468 Extending the statute Minnesota hemophiliacs who were treated with HIV-infected blood products and became infected with the virus that causes AIDS would have an additional year to file lawsuits under legislation on its way to the governor. Sponsored in the House by Rep. Tom Pugh (DFL- South St. Paul), the bill would extend the statute of limitations until June 1, 1997, for affected hemophiliacs. Hemophilia is a hereditary disorder characterized by excessive, sometimes spontaneous, bleeding. A hemophiliac's blood doesn't carry the clotting factor that enables a non-hemophiliac to stop bleeding after a short time. In the early to mid-1980s, some of the donated blood that is used to create the clotting factor to treat hemophiliacs was contaminated by the AIDS virus. In Minnesota, about 110 hemophiliacs and their spouses have died of AIDS-related illnesses acquired through the tainted clotting factor. Because it sometimes takes years to discover that a person is HIV-infected, the current six-year statute of limitations for filing lawsuits against companies that provided the contaminated clotting factor is not long enough, Pugh has said. His bill adds one more year in those cases. Not included in the statute of limitations extension are patients who were infected with the AIDS virus through direct blood transfusions. "Transfusion problems did affect certain hemophiliacs, but also society in general," Pugh told the Judiciary Committee earlier this session. "We could more effectively narrow down on this group who used the clotting factor." Sen. Warren Limmer (R-Maple Grove) sponsored the proposal in the Senate. HF2453/SF2198*/CH458 License suspension The Department of Public Safety will have to provide two weeks notice before suspending a driver's license under a new state law. House sponsor Rep. Peggy Leppik (R-Golden Valley) has said the measure is necessary to give people who face a license suspension "some time to put their lives in order." Under the law, a license suspension won't take effect until at least 14 days after the department mails notice to the driver. Leppik said the measure stems from the troubles of one of her constituents. The new notice requirements will not apply if the delay "poses a threat to public safety." The legislation, effective Aug. 1, 1996, was sponsored in the Senate by Sen. Don Betzold (DFL- Fridley). HF2012/SF1797*/CH346 Unnecessary laws repealed State statutes regulating the state's non-existent ferryboat industry will be scratched from the books Aug. 1, 1996, under a new state law. The law repeals a diverse mix of obsolete, and in some cases, arcane laws ranging from outdated directives to state agencies to provisions regarding long-unfunded programs. More than 250 provisions in current law -- largely technical and inconsequential -- are scheduled to be deleted from the books. Eliminated will be 70-year-old sections of law regulating the state's ferryboat industry, which apparently disappeared after the 1958 completion of the Baudette-Rainy River Bridge. Dashed will be measures, enacted in 1969, that set requirements for contracts for social skills instruction and contracts for patrons of dance halls or studios. The measure forbids any such contracts exceeding $500 in an apparent effort to protect consumers from unseemly dance teachers. Also nixed will be a 1937 provision giving the University of Minnesota permission to establish a law enforcement school. The U of M has yet to set up such a school and wouldn't need statutory permission to do so, anyway. The proposal was sponsored by Rep. Mike Delmont (DFL-Lexington) and Sen. Deanna Weiner (R-Eagan). HF2377*/SF2092/CH310 LOCAL GOVERNMENT Temporary vacancies City councils and other local government bodies will be able to fill temporary vacancies in their ranks under a new state law. The law, effective Aug. 1, 1996, provides a way to replace local elected officials who are unable to serve due to illness or other reasons. Under the law, the city council, town board, or county board could declare a temporary vacancy after a member has been absent from his or her job for 90 days. Another person could then be appointed to fill the vacancy until the absent official returns or until the end of the term. Previous law allows school boards to fill such temporary vacancies. The proposal was sponsored by Rep. Phil Carruthers (DFL-Brooklyn Center) and Don Betzold (DFL-Fridley). HF2425/SF2255*/CH422 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 SAFETY Stopping for pedestrians Effective Sept. 1, 1996, Minnesota drivers must stop for pedestrians in a crosswalk or face a criminal charge under a new state law. Current law requires only that drivers slow down and yield the right-of-way to pedestrians in crosswalks where there are no traffic signals or where signals are not operating. The new law requires drivers always to stop in such circumstances, not just slow down. First-time offenders who fail to stop will be guilty of a misdemeanor, which is punishable by up to 90 days in jail and a $700 fine. Drivers who violate the law within a year of a previous conviction will be guilty of a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. Statistics show that in 1994, the most recent year for which data is available, three Minnesotans were killed as they legally tried to cross streets in crosswalks; another 245 were injured. The law also requires the Department of Public Safety, effective Aug. 1, 1996, to revise the state's driver's manual to include a section explaining when a driver must stop to yield to a pedestrian and the penalties for failing to do so. In addition, the department will have to produce a series of public service announcements to educate the public on the law's changes. The announcements are to be aired on radio and television, according to the law. The proposal was sponsored by Rep. Jim Farrell (DFL-St. Paul) and Sen. Randy Kelly (DFL-St. Paul). HF2930/SF2054*/CH333 SPORTS Gender specific Women can exclude men and men can exclude women from certain athletic competitions under a new law signed by Gov. Arne Carlson. The measure amends the state's Human Rights Act to exclude one gender "if the restriction is necessary to preserve the unique character of the team, program, or event and it would not substantially reduce comparable athletic opportunities for the other sex." The law arose out of a conflict last year when a man filed a discrimination complaint against the Northern Lights Running Club for Women. The club wouldn't allow him to participate in its annual "Bruegger's Run for the Bagels," an event that includes a 10-kilometer and 5-kilometer race as well as running events for young girls. The spring event has attracted more than 3,000 runners. When the man's complaint was dismissed, he filed a civil lawsuit against Bruegger's, the Minneapolis Park Board, and the running club, alleging sexual discrimination. Rather than dealing with the "logistical nightmare" of such a changed format and the "philosophical changes," club members canceled the race for 1996. The new law, effective April 3, 1996, comes in time for an all-women's race to be scheduled this spring. It was sponsored by Rep. Phyllis Kahn (DFL- Mpls) and Sen. Ellen Anderson (DFL-St. Paul). HF2042*/SF2015/CH431 TAXES Omnibus tax bill There would be no state-imposed property tax freeze for 1997, but cabin owners would see a property tax break under a bill now being considered by the governor. The proposal also would give corporations that lease airplanes to Northwest Airlines a corporate income tax break and includes a tax refund on unsold pulltabs for charitable organizations. The bill would cost the state $5.1 million in fiscal year 1997 and $41.7 million for the 1998-99 biennium. Tax cuts for cabin owners would have the largest impact on the state treasury. Last year, the 2-percent class rate on the first $72,000 market value of each cabin was cut to 1.9 percent for taxes payable in 1997. For taxes payable in 1998, it was scheduled to decrease to 1.8 percent. Those changes cost the state's general fund $24.1 million in the 1998-1999 biennium. Under the bill, the class rate on the first $72,000 in cabin value would dip to 1.75 percent for taxes payable in 1997. For taxes payable 1998, that rate is reduced to 1.5 percent. The tax revenue lost due to the additional class rate changes would be another $22.4 million, according to preliminary Department of Revenue calculations. Other property tax payers would not see their taxes increase to cover the lost revenue. Instead, the state would pick up the tab in additional homestead and agricultural credit aid (HACA) payments to local governments and increased school aids. These increased state aid payments will continue in future years. The proposal was sponsored by Rep. Ann Rest (DFL-New Hope) and Sen. John Hottinger (DFL- Mankato). HF2102*/SF2304/CH271 Pulltab refunds An organization that purchases pulltabs and tipboard games could get a refund on unsold tickets under a provision in the bill. Under current law, the state's 1,575 pulltab and tipboard game operators, whose games must be run by charitable organizations, pay a 2-percent tax on projected gross revenues to distributors of such games. Rep. Bob Milbert's (DFL-South St. Paul) proposal would appropriate $2.5 million this biennium and $10.2 million in 1998-99 to refund taxes paid on unsold tickets. Northwest Airlines Companies that lease airplanes to Minnesota- based airlines, such as Northwest Airlines, would receive a tax reduction under the bill. The bill treats part of the income from these leases as not subject to Minnesota corporate income tax. Since these taxes are commonly added to the lease fees, this change would reduce Northwest Airlines' lease payments. The provision modifies how leased movable property is treated in determining the Minnesota share of business income for corporate income tax purposes. Currently, receipts from the leasing of movable property, such as airplanes, automobiles, or railroad cars, are apportioned to the state where the lessee is based. Under the provision, such receipts would be apportioned to the state where the property is used. The provision would cost the state $3.6 million in tax revenue in the 1998-99 biennium. Farm equipment exemption The current sales-tax exemption on used farm machinery, set to expire in July, would be extended until June 30, 1997. (The tax rate on new farm machinery is 2.5 percent.) The exemption would cost the state $1.6 million in lost revenue. Disabled homeowners The bill expands the number of disabled homeowners who are eligible for reduced property taxes. Currently, a permanently or totally disabled person must get 90 percent of his or her income from public pension sources in order to qualify for the reduced class rate of 0.45 percent on the first $32,000 market value of the home. Proposals offered by Reps. Rich Stanek (R-Maple Grove) and Bill Macklin (R-Lakeville) would change that. Under the new provisions, private pensions and other financial sources could be included in the 90 percent figure. The bill also includes a $50,000 annual income cap for those who qualify for the reduced class rate. Currently, there is no income limit. SCORE taxes Disparities in the remittance of local waste collection and disposal taxes would be studied but not corrected under a provision in the bill. SCORE, which stands for Select Committee on Recycling and the Environment, refers to the taxes counties and local governments pay on public and private mixed municipal solid waste management. There are wide disparities in the amounts of SCORE taxes paid by local governments. Under the bill, the moratorium on collecting underpayments or making refunds on a previous year's sales taxes on solid waste management services would be extended for one more year. A task force would be established to make recommendations to the Legislature and the Sales Tax Advisory Council on the past and future collection of the SCORE tax. Helping foster children Minnesota foster children would no longer have to pay sales tax on automobiles given to them as gifts by their foster parents. The provision, sponsored by Rep. Darlene Luther (DFL-Brooklyn Park), expands current law governing motor vehicle sales tax exemptions to include the foster parent-child relationship. Automobile buyers in Minnesota pay a 6.5 percent sales tax, based on the purchase price of the vehicle, less the value of any trade-in vehicle. Motor fuels taxes Among the bill's mostly technical motor fuel provisions is a measure that clarifies when a tax should be collected on the sale of motor fuel. The provision, which is in response to a recent decision by the U.S. Supreme Court, mandates that the first distributor of motor fuel is responsible for the tax. The measure aims to protect Minnesota against challenges to the current practice of collecting the motor fuels tax on reservation sales to individuals who don't live on the reservation. Special service districts, housing improvement districts Cities could establish on their own, special service districts for commercial or housing improvement projects. In addition, cities would be allowed to establish, by ordinance, housing improvement districts. Currently, local governments must get legislative approval before establishing any special service district. Such districts allow for additional tax fees to be imposed, with the additional revenue used for the costs of the additional services within the district. The measure, proposed by Rep. Steve Kelley (DFL-Hopkins), gives cities more flexibility in deciding how to provide services. The bill also requires a public hearing to be held before such a district is established. Iron Range tax sharing Taconite areas experiencing little or no commercial-industrial growth would get some tax relief under a proposal that establishes a fiscal disparities tax-sharing program for the Iron Range. The program would be modeled after the metro area's fiscal disparities program, which requires municipalities to contribute a percentage of their commercial-industrial tax base growth to an area- wide "pool." The pool is then used to equalize disparities in property wealth per capita between districts. Areas with strong commercial-industrial growth often subsidize other areas under such a program. Under the provision, municipalities in Cook and Lake counties, most of Itasca and St. Louis counties, and a small part of Aitkin, Crow Wing and Koochiching counties would contribute 40 percent of their commercial-industrial growth since 1995 to an areawide pool. Each municipality would then receive a distribution back from the area-wide pool. Taconite relief Koochiching and Carlton counties are among the northern Minnesota areas that would see increased environmental development grants under a provision to help the Iron Range. Under a provision aimed at the Iron Range economy, the share of taconite tax revenues paid to the Iron Range Resources and Rehabilitation Board (IRRRB) would be increased. Currently, the revenues from 1 cent per ton of the production tax on mining companies goes to the board. The bill increases the amount to 1.5 cents, which amounts to $200,000 this biennium and $400,000 in 1998-99. The IRRRB was established in 1941 to encourage economic diversification on the Iron Range. Performance goals Cities and towns could either increase or decrease their share of state aid by setting performance goals. Rep. Andy Dawkins' (DFL-St. Paul) measure would require that cities establish "performance measures" in order to get aid from a newly established "performance aid" fund. The measure aims to increase the accountability of local governments by requiring cities and towns to adopt goals and work toward them. The current homestead and agricultural credit aid (HACA) program would be modified to create the performance aid fund. Under Dawkins' measure, HACA payments to cities and counties would be reduced by $1 per capita to provide revenue for the fund, along with a supplemental appropriation of $1 million. School referendums A measure sponsored by Rep. Tom Pugh (DFL- South St. Paul), aimed at reaffirming the state's commitment to "truth in taxation" policy, would affect school districts holding bond referendums. Under the provision, school districts must notify county auditors and a notation must be made on the truth in taxation proposed notice that if the pending school referendum was approved by the voters, it could result in a higher tax than the school district has proposed. TOURISM Improved snowmobile trails A new law, effective March 2, 1996, marks $600,000 in emergency funding for snowmobile trails. The law provides emergency funding for trail maintenance and safety efforts. The money will come from the snowmobile trails and enforcement account in the state natural resources fund, according to the legislation. The boom in snowmobiling has elevated the sport from a form of recreation to a major part of the state's tourism industry. That popularity has caused funding shortfalls, House sponsor Rep. Kris Hasskamp (DFL-Crosby-Ironton) has said. The law also requires the Department of Natural Resources to prepare a report that contains a plan for using at least 65 percent of all money from the snowmobile trails and enforcement account for snowmobile grants-in-aid, beginning in fiscal year 1998. In addition, the report would have to contain recommendations for additional funding sources for snowmobile grants, which would provide funding to local snowmobile clubs to develop and maintain trails. The proposal was sponsored in the Senate by Sen. Doug Johnson (DFL-Cook). HF3125/SF2802*/CH293 TRANSPORTATION Omnibus transportation bill A bill that would increase the speed limit on some Minnesota highways is on its way to the governor. The $60.3 million transportation funding bill includes a provision to boost the speed limit to 65 mph on rural, divided highways. The speed limit increase would be only on roads outside areas with a population of 50,000 or more. And it would be only on four-lane, divided highways with limited access. The Minnesota Department of Transportation has indicated the change would increase speeds on about 560 miles of such Minnesota highways. (That does not include the more than 700 miles of rural interstate highways where the speed limit is already 65 mph.) The commissioner of transportation also would have the authority to raise speed limits on other segments of rural, divided highway where it is appropriate according to traffic and engineering studies. Efforts to increase the speed limit on Minnesota highways come in the wake of the 1995 repeal of federal speed limit mandates. Supporters of a speed limit hike in the state suffered a setback early in the 1996 Legislative Session when several proposals stalled in a House committee. But the Senate attached a speed limit increase to a transportation funding bill, and the provision survived in conference committee to come to a final vote in both chambers. It is unclear how Gov. Arne Carlson will respond to the speed limit increase. He had called for any speed hike to be accompanied by an infusion of additional funds to hire more state troopers. The proposal he received includes no dollars for more troopers. The transportation funding package that eventually emerged from the Legislature would provide funds for highway repair and would set new requirements for receiving a driver's license. The proposal was sponsored by Rep. Bernie Lieder (DFL-Crookston) and Sen. Keith Langseth (DFL-Glyndon). HF3137/SF2702*/CH455 Road repair The bill would provide $51.4 million to the Department of Transportation largely to be used for highway construction, maintenance, and project engineering. Carlson recommended spending $12.8 million less for highway projects. Under the bill, the transportation department's appropriation also would include $110,000 for repair of the historic Stone Arch Bridge in Minneapolis and $100,000 for driver education programs at the St. Cloud State University highway safety center. Neither of those items were included in the governor's budget recommendations. Public transit Under the bill, a total of $1 million would be included in the transportation department budget to bolster public transit in greater Minnesota. Another $6 million would be dedicated to Metropolitan Council Transit Operations (MCTO) for public transit in the Twin Cities area. But critics argue the money would not be enough to prevent possible fare hikes and service reductions looming as a result of a MCTO's financial struggles. More driving practice Minnesotans 18 or under would have to have a learner's permit for six months before they would become eligible for a driver's license, under the bill. Rep. Carol Molnau (R-Chaska), who backed the measure, said young people need more time to learn how to drive before they are allowed to go it alone. Drivers 18 years of age and younger account for a disproportionate number of traffic accidents, according to Molnau. And, she said, the six hours of behind-the-wheel training required in driver education programs are not enough. Designated parents A symbol placed on a parent's driver's license or state identification card would alert police and health care workers that the parent has designated someone to care for his or her children in times of crisis. Parents who name another individual as a designated parent to care for their children in the case of an emergency would have to pay a $3.50 fee to have the symbol placed on their licenses. Designated parent information would be on file with the Department of Public Safety. The information would be released to law enforcement or health care workers if a parent is unable to communicate and there is a need to contact someone to care for the child or children. New dispatchers The governor sought funds to hire 46 additional state troopers to be included in a $4.8 million he sought for the Department of Public Safety. But the bill includes only enough money to hire four additional state patrol dispatchers. The measure would provide $150,000 for the new positions in a $1.3 million appropriation to the department. Amish Buggy Byway Effective Aug. 1, 1996, a new state law will designate Highway 52 in Fillmore County as the Amish Buggy Byway. The stretch will be marked as such by road signs. Supporters of the law hope it will make drivers more cautious and more aware of the possible presence of Amish buggies on the busy stretch of road. A recent RochesterPost-Bulletin article quotes Fillmore County Sheriff Jim Connolly as saying there have been three or four minor accidents on the road in the past year, as well as other unreported accidents. There are approximately 700 Amish residents in Fillmore County. The law calls for local residents to reimburse the Minnesota Department of Transportation (MnDOT) the cost of marking the highway, estimated to be about $3,000. Area officials have said the signs will encourage interest in local culture and add more tourist dollars to southeastern Minnesota. The proposal was sponsored by Rep. Greg Davids (R-Preston) and Sen. Kenric Scheevel (R-Preston). HF2092/SF1909*/CH279 Czech highway Effective Aug. 1, 1996, state Highway 13 between the city of New Prague and the city of Montgomery will be designated the "Czech Heritage Highway." The stretch of road cuts through an area of Minnesota with a rich Czech tradition. (For example, New Prague's annual Dozinsky festival showcases traditional Czech dancers and foods.) The Department of Transportation will erect signs marking the highway, but the local communities, "having resolved to support and financially back the marking of this highway," will foot the bill. The proposal was sponsored by Rep. John Tuma (R-Northfield) and Sen. Tom Neuville (R-Northfield). HF2439/SF2121*/CH287 Memorial roadways A new law, effective Aug. 1, 1996, will grant special designations to three stretches of Minnesota highway: -- POW/MIA Memorial Highway (Trunk Highway 169, from its intersection with Trunk Highway 10 near Elk River to its intersection with Minnesota Highway 18 near Garrison, and Minnesota Highway 18 from its intersection with Trunk Highway 169 to its intersection with Trunk Highway 371 near Brainerd). -- Veterans Memorial Highway (Trunk Highway 115). -- John Riley Memorial Boulevard (A segment of Old County Road 21, from its intersection with Trunk Highway 73 to the Moose Lake Psychopathic Center). John Riley, former commissioner of transportation and chief of staff under Gov. Arne Carlson, died of brain cancer in March 1994. The proposal was sponsored by Rep. Kris Hasskamp (DFL-Crosby-Ironton) and Sen. Don Samuelson (DFL-Brainerd). HF2410/SF1946*/CH272 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 There will be a proposed constitutional amendment on the November ballot to determine whether the state should pay Persian Gulf War veterans monetary bonuses. Voters will be asked the following question: "Shall the Minnesota Constitution be amended to permit the payment of bonuses to veterans of the Persian Gulf War?" 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 voters approve the constitutional amendment, the Legislature would decide the amount and method of the payments in a subsequent session. The proposal was sponsored by Rep. Betty McCollum (DFL-North St. Paul) and Sen. James Metzen (DFL-South St. Paul). HF532*/SF530/CH429 Vetoes 1996 . . . Governor continues veto pace, 20 and holding Editor's note: As of April 11, 1996, Gov. Arne Carlson has vetoed 16 bills and deleted line-item appropriations in four others. The following section highlights the changes the bills would have made to current law and, where available, cites the governor's reasons for his actions. BUSINESS Counseling board vetoed A bill that would have created a board of licensed professional counseling was vetoed by Gov. Arne Carlson. The bill would have set forth licensure requirements for people who offer professional counseling services. In his veto message, the governor said the "state should tread lightly when it comes to occupational regulation." Carlson explained that "the bill exempts from licensure and board oversight a number of other professionals who offer the exact same type of services." He added that "if there is a valid public policy reason to more rigorously regulate counseling provided to the public, then we should address the problem in a comprehensive fashion, not in this piecemeal approach." Increasing current state oversight should be explored as an alternative to licensure, said Carlson, noting that "there is already an existing government mechanism to investigate unlicensed counselors when the public has complaints against them." The proposal was sponsored by Rep. Roger Cooper (DFL-Bird Island) and Sen. Sam Solon (DFL- Duluth). HF66*/SF891/CH423 EDUCATION K-12 vetoes Gov. Arne Carlson used his line-item veto authority to slice $629,000 from a K-12 education funding package signed into law. The new law still will provide $31.7 million for K-12 education, with much of the money earmarked for school technology and full-day kindergarten programs. Carlson line-item vetoed a $300,000 grant program to foster constructive school discipline policies focused on keeping kids in the classroom. Rep. Alice Johnson (DFL-Spring Lake Park) backed the grant program as a way to help schools address behavior problems. But Carlson did not like what he saw. "Although solid discipline policies are a growing concern for school districts, I have a grave concern with providing additional funding for a program that is already required by law," Carlson wrote in his veto message. The governor line-item vetoed another $150,000 earmarked to allow students to ride city buses to St. Paul's new Arlington High School during the next school year. The money would have gone to the school district, which, in turn, would have signed a contract with Metropolitan Council Transit Operations. "Districts should not be encouraged to believe that extra funds are available for such programs," Carlson wrote. Carlson also line-item vetoed $100,000 for a "family connections" program and $79,000 to buy down property taxes in the Pequot Lakes school district. The governor accepted the rest of the education spending package. The measure was sponsored by Johnson and Sen. Larry Pogemiller (DFL-Mpls). HF2156*/SF1884/CH412 ELECTIONS Candidate leave vetoed Gov. Arne Carlson vetoed a bill 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 Vote by mail vetoed Gov. Arne Carlson vetoed a bill that would have allowed more Minnesotans to vote by mail. The bill would have allowed mail balloting in communities outside the metropolitan area with fewer than 1,000 eligible voters. Current law allows voting by mail only in Greater Minnesota communities with fewer than 400 eligible voters. The proposal would have allowed "a creeping spread of an unwise policy instituted under a previous administration," Carlson wrote in his veto message. And it would have allowed more Minnesotans "to ignore an important and relatively easy obligation of citizenship, that being to join fellow citizens at the polling place to cast their ballots," Carlson added. About 250,000 voters live in communities now allowed to conduct mail balloting. The bill would have made about 600,000 people -- or about 15 percent of the state voters -- eligible to vote by mail. Rep. Jim Tunheim (DFL-Kennedy) and Sen. LeRoy Stumpf (DFL-Thief River Falls) sponsored the bill. HF2101*/SF2283/CH432 EMPLOYMENT Minimum wage veto Gov. Arne Carlson has vetoed an increase in Minnesota's minimum wage. The governor, who has a history of vetoing such wage hikes, vetoed a 75-cent minimum wage increase in 1994. As Carlson has stated in this and previous veto messages on the issue, "a minimum wage increase would cost jobs and cause inflation." Such an increase, he wrote, automatically raises the cost to business. "Naturally, retailers must pass on the increased cost to consumers in the form of higher prices or cut costs wherever they can. For businesses in highly competitive areas, such as retail, this will most likely trigger layoffs, hiring freezes, reduced benefits and even store closings." Under this year's bill, the minimum wage for large businesses would have increased from $4.25 per hour to $5 per hour in September 1996 and to $5.35 per hour in September 1997. Small businesses also would have seen an increase in the $4 hourly minimum wage required of them. For employers with gross annual sales under $500,000, the minimum wage would have jumped to $4.75 per hour in September 1996 and to $5.10 in September 1997. Originally, the bill called for the hourly minimum wage to increase $2.75 over the next two years, peaking at $7 per hour for large businesses. It also contained provisions that would have allowed employers to pay lower wages in exchange for providing benefits. Supporters of the bill argued that raising the minimum wage would help people better support their families, especially the "working poor" -- people who work two or three minimum wage jobs but still need help. Opponents argued that the wage hike would cost the state jobs and exacerbate economic problems. Minnesota last increased the minimum wage in 1991, when it was bumped from $3.95 per hour to $4.25. The proposal was sponsored by Rep. Tom Rukavina (DFL-Virginia) and Sen. Randy Kelly (DFL- St. Paul). HF401/SF302*/CH436 No workers' comp study Gov. Arne Carlson vetoed a bill that would have required the commissioner of employee relations to develop a proposal for a pilot project to determine the feasibility of coordinating workers' compensation and insurance benefits. In his veto message, the governor said the legislation was unnecessary because the "agency already has the authority to perform this study." He also noted the bill said "this project shall be undertaken only if grants for this purpose are awarded to the commissioner." Therefore, "absent a funding source to carry out this requirement, this legislation has no purpose," he said. The proposal could have included a pilot project for local units of government as well as state employees. The commissioner was to have consulted with the Joint Labor-Management Committee on Health Plans, the Public Employees Insurance Program Advisory Board, health plans serving state and other public employees, and three other state departments: labor and industry, health, and commerce. The pilot project would have resulted in a report to the Legislature by Jan. 15, 1997. The proposal was sponsored by Rep. Linda Wejcman (DFL-Mpls) and Sen. Linda Berglin (DFL- Mpls). HF2953*/SF1871/CH342 ENVIRONMENT Environmental projects vetoed The environment and natural resources appropriations bill was signed into law, but was stripped of $215,000 by Gov. Arne Carlson's line- item vetoes. The $10.3 million law funds a variety of proposals relating to agriculture, natural resources, and the environment. Carlson vetoed four projects: -- $150,000 for the Minnesota Institute for Sustainable Agriculture. Carlson said the appropriation is a "premature funding proposal." He said there have been "many concerns raised by the agricultural community as to the necessity of this program based on the project's extremely broad charge." The program is also "duplicative of current university and state programs," according to Carlson. -- $25,000 for the Wabasha County extension service. The governor said the funding for the "Wabasha County extension service for a pilot program to assist retiring farmers is also duplicative of the already established Passing on the Farm program which receives funding in this bill." Carlson added that "before expanding this program into other areas, the success of the Passing on the Farm program should first be evaluated." -- $20,000 for the Environmental Quality Board to study environmental justice. According to the governor's veto message, "the appropriation for the environmental justice study is insufficient to fund a full examination of all the issues called for in the study." Carlson said that "to undertake extensive examination of all of these issues would be costly and cannot be supported by the current appropriation for the Environmental Quality Board." Furthermore, he added, the board, "through its current authority, has mechanisms in place to address issues of environmental justice." -- $20,000 for the Minnesota Dairy Producers Board. Carlson said this appropriation was "unnecessary," noting that the "Department of Agriculture has been involved in the activities that would become the responsibility of the proposed dairy producers board. Furthermore, the governor said, "substantial opposition has been raised from within the dairy industry with regard to this proposal. Consequently, there is no need for a state sanction or appropriation for this activity." The proposal was sponsored by Rep. Chuck Brown (DFL-Appleton) and Sen. Steve Morse (DFL- Dakota), HF3231/SF2167*/CH407 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 GOVERNMENT 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 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 Non-English services Gov. Arne Carlson has vetoed a bill that would have assessed whether non-English speaking Minnesotans are adequately being served by state agencies. Under the proposal, the state Spanish-Speaking Affairs Council, the Council on Asian-Pacific Minnesotans, the Council on Black Minnesotans, the Indian Affairs Council, and other groups that work with non-English-speaking Minnesotans would have identified the languages of the clients they most frequently serve. Liaisons for each group then would have formulated a plan that included the current status of each state agency's compliance with Minnesota laws governing communication services for non- English-speaking residents and suggestions for improving those services. The state Department of Administration, in consultation with the attorney general, would have reviewed the plans and then submitted them to the Legislature by Jan. 15, 1997. In his veto message, the governor said the bill "represents a solution in search of a problem." Minnesota state agencies have a track record of accommodating non-English speaking persons in need of assistance, according to the governor. The bill would have only burdened state agencies and their clientele with additional mandates, he said, stressing that the bill contained no mechanism to fund employees, mandated reports, or any activity resulting from these reports. The proposal was sponsored by Rep. Carlos Mariani (DFL-St. Paul) and Sen. Sandy Pappas (DFL- St. Paul). HF1303*/SF1299/CH325 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 No new council Gov. Arne Carlson vetoed a bill that aimed to improve cooperation between state and local government. The bill called for the creation of a council on intergovernmental relations made up of representatives of the Legislature, the executive branch, counties, cities, townships, and school districts. Council members would have been asked to study and make recommendations on issues ranging from state mandates on local government to opportunities for consolidation of services between governmental units on the state and local level. Carlson maintains a new council is unnecessary. The Board of Government Innovation and Cooperation already works on such issues, he said. "This is a clear case of duplication," Carlson wrote in his veto message. "If the Board of Government Innovation [and Cooperation] is not doing its job, then it should be eliminated as I recommended. But to simply create another council is absurd." The administration is "ready and willing" to work with units of local government to plan for change and is already doing so, Carlson added. "There are sufficient existing mechanisms to accomplish the necessary dialogue between levels of government, and my administration would be happy to better facilitate the existing efforts," he wrote. The proposal was sponsored by Rep. Howard Orenstein (DFL-St. Paul) and Sen. James Metzen (DFL-South St. Paul). HF2782*/SF2597/CH400 HEALTH MinnesotaCare veto A bill that would have expanded eligibility for MinnesotaCare, the state's program to provide subsidized health coverage to uninsured residents, was vetoed by Gov. Arne Carlson. The bill also would have made technical changes to health plan regulations. The bill, sponsored by Rep. Roger Cooper (DFL- Bird Island), would have allowed individual adults and households without children that earn up to 150 percent of the federal poverty level to become insured under MinnesotaCare beginning July 1, 1996. Currently, single adults and households without children that earn up to 125 percent of the federal poverty level are eligible for MinnesotaCare. Under current federal poverty guidelines, that means the bill would have made eligible a single adult earning $11,205 or less, and a two-person household without children earning $15,045 or less. The current limits for single adults and two- person households without children, respectively, are $9,338 and $12,538. In his veto message, Carlson said "increases in eligibility for adults must be approached incrementally." The governor stated that he would direct the commissioner of human services "to use her existing authority to expand the eligibility for this population to 135 percent of the federal poverty level effective July 1, 1996. Carlson also suggested that as "the federal government continues to debate their role in providing public health care services, a cautious state approach is prudent in light of future federal reforms." Sen. Linda Berglin (DFL-Mpls) sponsored the proposal in the Senate. HF2190*/SF2106/434 HIGHER EDUCATION Grant funds vetoed Gov. Arne Carlson has line-item vetoed $1.55 million contained in this year's higher education supplemental funding proposal. Gone from the proposal is $1.5 million to increase living and miscellaneous allowances in state grants for college students and another $50,000 to repay college loans for graduates of Minnesota law schools who practice low paying, public interest law. "In a time when colleges and universities . . . are struggling to provide quality programs with limited resources, this [$1.5 million] appropriation is a particularly poor use of state resources," Carlson wrote in his veto message. "Changes in financial aid should be made in the budget year." Regarding the loan forgiveness grants, Carlson said "Targeted resources and financial aid should be directed to students who are struggling to attend institutions currently, and not to someone who has successfully graduated." The proposal was sponsored by Rep. Tony Kinkel (DFL-Park Rapids) and Sen. LeRoy Stumpf (DFL- Thief River Falls). HF3239/SF2849*/CH395 Omnibus human services bill Gov. Arne Carlson vetoed a $12.5 million health and human services supplemental budget bill. Lawmakers later removed provisions the governor opposed and repassed virtually the same bill, which he is expected to sign. Carlson was dissatisfied that the original bill did not move quickly enough to transform the state's Medical Assistance 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 Wastewater charges A bill to change the way local sewage charges are allocated in the metro area was vetoed by Gov. Arne Carlson. Under current law, rates for sewage services are set by local governments within the seven-country metro area. The bill would have placed that authority with the Metropolitan Council. Carlson objected to "stripping" local governments "of their ability to specify sewer access charges" and "unilaterally" shifting that power to the Metropolitan Council. Carlson also objected because a provision was dropped from the bill during conference committee negotiations that would have limited the cash-flow fund balance of the council. Carlson noted current law requires "this discipline of school districts and local units of government, and this provision should have remained in the bill." The proposal was sponsored by Rep. Mark Mahon (DFL-Bloomington) and Sen. Carol Flynn (DFL-Mpls). HF2556/SF2194*/CH383 RETIREMENT Pension bill vetoed Gov. Arne Carlson vetoed a bill that would have allowed members of the Minneapolis Teachers Retirement Fund to purchase prior service credit for teacher service outside the state of Minnesota. Such a law would have allowed for such teachers to contribute a lump sum payment to their pension fund to cover previous years in which no pension contributions were made. The benefits would then be received upon retirement. The governor noted that "the bill does not expressly prohibit the school district or any third party from making payments on behalf of the member." He added that "this is a flaw that leaves the issue unresolved." The governor also said that he is "very concerned about any pension legislation that might magnify already significant inequities among the benefit provisions of major public pension plans in Minnesota." The proposal was sponsored by Rep. Richard Jefferson (DFL-Mpls) and Sen. Larry Pogemiller (DFL-Mpls). HF1540*/SF2461/CH327 TRANSPORTATION Local approval vetoed A bill to give cities the authority to approve or reject certain transportation projects was vetoed by Gov. Arne Carlson. "It does not serve the best interests of Minnesota's traveling public to grant local task forces the power to unilaterally determine the state's transportation policy for that locality," Carlson said. Under the bill, local task forces could have been assembled to examine trunk highway projects that significantly affected a city's trunk highway access. Task force approval would have been needed for the corridor proposal, layout plan, and construction plans for the project. This process would have been an alternative to existing law that provides for arbitration of disputes between MnDOT and local governments over trunk highway projects. The proposal was sponsored by Rep. Gene Pelowski (DFL-Winona) and Sen. Steve Morse (DFL- Dakota). HF1922*/SF1708/CH381 Rep. Roger Cooper . . . Teacher produces laws to benefit rural Minnesota Some 28 years ago, Roger Cooper ventured to Bird Island, Minn., on a journey from Illinois. He started teaching high school there the next year, settled down, and eventually weighed in on local political matters as a city council member. Later, he served as DFL party chair for Renville County. He's proud to be from rural Minnesota. In fact, improving life in Greater Minnesota dominated Cooper's legislative experience. It's the reason he ran for the House 10 years ago. "I did not feel I was being represented at the Legislature," Cooper said. So with some encouragement from his friends and colleagues -- and a lot of votes from a lot of folks -- Cooper became Representative Cooper in 1986. Whether the issue was improving transportation infrastructure, looking out for farmers, or reforming the health care system, Cooper was (and still is) a solid and steadfast advocate for rural Minnesota. His work, particularly the development of MinnesotaCare, gained him respect on both sides of the aisle, as well as from staff and the public. Cooper was always looked to for input on "the rural perspective," according to many of his colleagues. It all started when he became the chair of a subcommittee on rural health care in 1988. "That was a time when health insurance premiums were rising 15 to 25 percent a year, we were losing a great number of primary care physicians, hospital stays were cut short, and volunteer ambulance services were having a difficult time recruiting and retaining people," Cooper noted. "There was a tremendous concern within the medical sector, and with individuals worried about their health care," he added. "I feel very fortunate that I had this opportunity. I'll never claim to have the answers. As a chairman, I've always tried to hold hearings to identify problems. Then, with the help of many, many people, we try to find solutions," explained Cooper. He is quick to credit a host of doctors, medical professionals, and other folks from his area and beyond who have been instrumental in health care reform. "I love to work on constructive solutions to problems," Cooper said. "Part of the reason I decided to leave was not that I don't still enjoy that -- it's because it has become increasingly more difficult for people to concentrate on policy, rather than politics. "Whether it's a family, a school, or a legislature, compromise is absolutely crucial if you're going to solve a problem," he said. "Legislation by intimidation and confrontation has become increasingly frustrating," Cooper said. "Frustration leads to anger, and anger leads to bitterness. I don't want to be bitter and angry," he said "When you act in anger, it becomes more difficult to come to a solution. . . . It's time for me to go home," he concluded. Reducing local school districts' dependency on property taxes is an example of an issue that never made much headway because it was so mired in politics, Cooper said. The Minnesota Constitution, he observed, clearly requires a "uniform system of public schools" throughout the state. Cooper said this means schools should be as equal as possible. The Legislature's long-standing inability to meet this requirement stems from "the lack of leadership and will -- on both sides of the aisle -- to solve the problem," said Cooper. "If the development of public policy is put first, people's talents can be unleashed. Then, politics will take care of itself. I hope we get back to giving folks the opportunity that I was given to work on solving problems. I know that will happen at some point in the future," Cooper predicted. His message for future legislators and those involved in politics and policy: "Criticism needs to be more constructive. Instead of just tearing things and people down, find solutions to make society better. "For me, this has been one of the greatest opportunities a person can be given," Cooper said, adding that "you have to serve with your heart and soul, with all your energies." And to whom did Cooper look upon for inspiration? "President Abraham Lincoln for his courage; Marge, [Cooper's wife] for her compassion; Pastor Paul Sorlien for his genuine commitment; and Sue and Julie [his campaign manager and treasurer] for their kindness," he said. Cooper looks forward to teaching and spending more time with Marge. His departure also will give him more time to tinker in his flower garden, but he admitted there is some work to be done, too. "This year, I'm going to make sure that the lake lot gets mowed," he said. -- Joel Larson Noted achievements: As chair of the MinnesotaCare Division, Cooper was instrumental in the ongoing development of MinnesotaCare, the state's subsidized health insurance program for low- income Minnesotans and their families. As legislator and chair, he focused on the rural health needs of state residents. Cooper also sponsored several laws improving volunteer ambulance services statewide, again a key issue to rural Minnesotans. Workers' compensation reform is another policy area where Cooper was able to make a difference. Departures . . . Five more House members announce retirement Editor's note: After the 1996 Legislative Session adjourned sine die, several members announced their retirement. Rep. Chuck Brown Citing a desire to spend more time with his family, Rep. Chuck Brown has announced his retirement from the House. Brown, a DFLer from Appleton, Minn., has been a legislator for the past 12 years. He's chaired the Environment and Natural Resources Finance Committee the past two legislative sessions. Before that he chaired the Local Government and Metropolitan Affairs Committee. During his tenure, Brown was one of the sponsors of a bill that authorized living wills. He also sponsored a bill that raised the fine for not wearing a seat belt from $10 to $25, with the majority of money raised from the fine going to rural emergency medical training. According to the Morris Sun newspaper, a return to politics isn't out of the question. For now, however, Brown, who was known for impassioned speeches on the House floor, plans to stick with auctioneering, his career outside of the Legislature. Rep. Virgil Johnson Rep. Virgil Johnson (R-Caledonia) has announced his retirement after 14 years in the House. Johnson said he is leaving to allow more time for his family, his farm, and the champion Dalmatians he and his wife raise. "You tend to put off a lot of things you really want to do," he said. "I think my wife and I will take a few trips, and I'll probably do a lot more hunting and fishing." Johnson's work in the House focused on environmental and outdoors issues. He backed efforts to pass significant water management, agricultural, and hunting laws during his tenure. Johnson also served as vice chair of the Select Committee on Technology, a panel charged with guiding the use of technology in the Legislature as it moves into the 21st century. Before coming to the House, where he is tied for fourth place in seniority among House Republicans, Johnson served 18 years as a Houston County commissioner. Rep. Tony Onnen For nearly 20 years, Rep. Tony Onnen has spent autumn on the campaign trail and winter and spring under the State Capitol dome. But this will be the Cokato Republican's last term as a Minnesota House member. He announced that he would not seek re-election as the 1996 Legislative Session came to an end. Onnen, a husband, father of five children, and the most senior Republican in the House, serves on the Health and Human Services Committee as well as its finance division, the Regulated Industries and Energy Committee, and the Financial Institutions and Insurance Committee. He chaired the Health and Human Services Committee for a period during the mid-1980s. Onnen, an accountant and insurance salesman, is known for many legislative efforts, including a 1994 law that provides a tax break for families in which one of the parents or a relative stays home to raise a child during the first year of life. Rep. John Sarna Rep. John Sarna, a 24-year legislative veteran, has decided not to seek re-election to the Minnesota House of Representatives. Sarna, a DFLer, said the decision was not easy, but he would like to spend more time with his family. "I have enjoyed my years . . . but it is time to let someone else have a chance," Sarna said. "I have been proud to represent Northeast Minneapolis." Sarna was instumental in saving and restoring the 113-year old Stone Arch Bridge in Minneapolis, which now has a bike and pedestrian trail. Only two House members -- Reps. Jim Rice (DFL- Mpls) and Willard Munger (DFL-Duluth) have served in the House longer than Sarna. Sarna, representing District 59A, is the current chair of the Commerce, Tourism, and Consumer Affairs Committee. Rep. Gary Worke Rep. Gary Worke has decided not to seek a third term in the House. The Republican from Waseca cited family and a growing business as reasons for stepping down. "When I was elected I told the party I would serve two terms," he said. "I just feel the time is right in my life to let someone else have the opportunity to serve." Minority Leader Steve Sviggum (R-Kenyon) said Worke "has proven to be a leader" on both health care and welfare reform issues. Worke said he enjoyed his time serving the people of Waseca and Steele counties in District 28A. "It has truly been an honor to be a member of the House of Representatives," he said. MINNESOTA INDEX 1996 Legislative Session Number of legislative days used 48 Maximum number of days the Minnesota Legislature can meet in regular session every two years 120 Additional days the Legislature could have met in session 7 Number of House Files introduced 1,294 in 1994 1,443 Number of Senate Files introduced 1,104 in 1994 1,259 Bills that reached the governor's desk 206 Number of those that were House Files 113 Number of those that were Senate Files 93 Resolutions adopted 1 Bills not yet signed by the governor, as of April 11, 1996 12 Full bills passed by the 1996 Legislature and vetoed by the governor, as of April 11 16 Additional bills with line-item vetoes, as of April 11 4 Total dollar amount of those line-item vetoed appropriations, in millions $2.4 Total Gov. Arne Carlson vetoes, 1991-April 11, 1996 139 Number of vetoes, all governors, 1939-1990 206 Veto override attempts since 1939 23 Successful veto overrides since 1939 4 Number of House attempts, 1996 1 Successful House attempts, 1996 0 Number of pages in the omnibus tax bill 272 House bills incorporated into the 1996 tax bill, as passed by the House 65 Date the Legislature will reconvene in 1997 Jan. 7 House members who have formally announced they are leaving the Legislature 11 DFLers 7 Republicans 4 Cumulative loss of legislative experience, in years 126 DFLers 80 Republicans 46 Sources: House of Representatives Public Information Office; Legislative Reference Library; House Index Department.