Drawing to an uncertain close

/ 27 April 2012 / jennifer

Nick Busse, Session Weekly, April 27, 2012 –

With perhaps only a few days left before lawmakers adjourn for the biennium, the most closely watched bills this year — the bonding bill and the stadium to house the Vikings — remain in limbo at Session Weekly press time.

Legislative leaders have been meeting privately with Gov. Mark Dayton to try to hash out an agreement on key legislation, but with little sign of progress. In a departure from the usual end-of-session proceedings, House Speaker Kurt Zellers(R-Maple Grove) told Capitol reporters April 25 that this year’s negotiations are unlikely to yield a “global agreement” — a catch-all deal that wraps up the session. Instead, Zellers suggested that the stadium package, the bonding bill, an omnibus tax package and other significant bills will simply have to sink or swim on their own merits.

“I don’t think this year is one of those years where you’ll see that here we all are standing in front of a microphone saying, ‘It’s done and we’re moving on,’” Zellers said.

The House and Senate have been meeting in session on an almost daily basis during the past couple of weeks, passing dozens of bills to reform state government, protect vulnerable adults, boost veterans programs and improve health care and education. More controversial measures to loosen restrictions on fireworks and tighten restrictions on abortions have also passed the House floor.

Some of these measures have been signed into law; others have been met with the governor’s veto pen. But the fate of the biggest bills is still in doubt. But as Dayton said during an April 25 press availability, “It ain’t over ’til it’s over, as Yogi Berra said.”

Complicating the situation is the session’s aggressive timetable. Recognizing that legislators would want to return home quickly to campaign in their newly redrawn legislative districts, Zellers announced before the start of the 2012 session that the Legislature would adjourn no later than April 30.

Legislative leaders have remained firm on that deadline. But even if they opt to extend the session out to the May 21 constitutional adjournment deadline, it’s unclear what the path forward is. As of this writing, the Legislature has already used up 110 of its 120 legislative working days, meaning they can only meet in session 10 more days this year.

All this is to say that the clock is ticking.


Awaiting action by Gov. Mark Dayton, the omnibus agriculture bill would name a state soil, change requirements for labeling of landscape and garden stock and delay an ethanol mandate.

Sponsored by Rep. Paul Anderson (R-Starbuck) and Sen. Doug Magnus (R-Slayton), HF2398*/ SF2061 would designate Lester as the state soil. That would coincide with the University of Minnesota’s 2013 celebration of the 100th Anniversary of the soil science program and the 40-year-old Minnesota Association of Professional Soil Scientists. (See omnibus agriculture bill story on page 6.)


A bill that would commit $221 million in bonding proceeds to repair the State Capitol failed in the House April 19 on an 80-50 vote — capital investment bills must be approved by three-fifths of the body, or 81 votes.

However, a $443.9 million bonding bill (HF1752) that includes money to restore the State Capitol and fund other capital investment projects awaits action on the House floor. Appropriations include:

• $221 million for the Capitol repairs;

• $102.5 million for transportation projects;

• $60 million for Higher Education Asset Preservation and Repair (HEAPR) projects;

• $30 million for flood hazard mitigation;

• $20 million for wastewater infrastructure;

• $10 million for housing programs; and

• $433,000 for bond sale expenses.

Rep. Larry Howes (R-Walker) sponsors the bill. He has been clear that the amount remains in flux and could change with end-of-session negotiations.

DFLers would like to see more money spent on bonding because interest rates are low and the projects would help create jobs. Republicans, however, say that the state carries a large debt load, and that a nearly $500 million capital investment bill was enacted in 2011.

Gov. Mark Dayton has said he wants a bonding bill to be in the $775 million range. The Senate bill, SF1463, sponsored by Sen. Julie Rosen (R-Fairmont), awaits action by the Senate Capital Investment Committee.


This session has seen two key bills emerge from the House. HF2083*/ SF2492 sought to repay some of the funding owed to the K-12 schools that was withheld by the state to balance its budget and end the 2011 state government shutdown.

Rep. Pat. Garofalo (R-Farmington) and Sen. Gen Olson (R-Minnetrista) sponsor the bill that was vetoed by Gov. Dayton April 5 because he said it would shrink the state’s budget reserve too much.

The omnibus education bill, HF2949*/ SF2482, awaits action by the governor. It would expand postsecondary enrollment options, make changes to pay for school employees deployed in the military, and allow districts to withhold salaries for teachers charged with a felony. Also sponsored by Garofalo and Olson, the conference committee report was passed 119-9 by the House and 64-0 by the Senate.

The House has yet to hear the so-called “Last In, First Out” bill, which would authorize schools to base teacher layoffs on evaluations, rather than seniority alone. A conference committee agreed on a final version of the bill April 3, but the House and Senate have yet to re-pass the report. The governor opposes the proposal.

HF1870 has drawn criticism from some teachers and union officials, who say the legislation is yet another piece in the continued Republican assault on educators. Rep. Branden Petersen (R-Andover), who sponsors the bill withSen. Pam Wolf (R-Spring Lake Park), said the bill will bring fairness to the practice of teacher layoffs.


The plan to build a $975 million “People’s Stadium” on the eastern edge of downtown Minneapolis, including the Metrodome site, has been changing almost by the day, in the final week of session.

As of press time, HF1485 was awaiting action on the House floor. Sponsored byRep. John Kriesel (R-Cottage Grove), the bill initially was designed to provide tax relief to charities, but the House Ways and Means Committee amended the stadium language of HF2810 onto the bill earlier in the week.

The move was necessary because the latter, sponsored by Rep. Morrie Lanning (R-Moorhead), was thought to be dead after failing to get out of the House Government Operations and Elections Committee April 16. After that vote, Lanning said a rabbit would need to be pulled out of a hat to get a stadium bill done this session.

NFL Commissioner Roger Goodell visited with Gov. Mark Dayton and legislative leaders April 20. Although no threats were issued, Goodell indicated something must be done on the issue this session.

Under the plan, the team would cover $427 million of construction costs; the state $398 million; and Minneapolis $150 million. Money from electronic pull tabs, electronic bingo and tipboard games would be used to pay the state’s share of the cost. Supporters noted that charities would get tax relief and more gambling proceeds while the state also would get more revenue.

The Senate version, SF2391, sponsored by Sen. Julie Rosen (R-Fairmont), is awaiting action by the Senate Taxes Committee.


Republicans have been clear their goal this session has been to reduce business taxes, while DFLers said they want to protect the renters property tax credit from further erosion and bring property tax relief to homeowners.

Labeled as a vehicle for “Tax Relief and Jobs Creation,” a phase-out of a state property tax levy paid by seasonal/recreational property owners and business property owners is a cornerstone of the omnibus tax bill,HF2337*/ SF1972. Sponsored by Rep. Greg Davids (R-Preston) and Sen. Julianne Ortman (R-Chanhassen), the bill passed the House 72-62 March 21, but the Senate passed a different version 34-26 nine days later.

A conference committee has held two meetings, and it is expected the bill will be part of end-of-session negotiations.

Davids said the bill’s provisions are aimed at improving the state’s business climate by phasing out the state property tax levy over 12 years beginning in 2014 and excluding 70 percent of the first $150,000 value of all business property in 2013.

Critics say the tax benefit comes at the expense of renters, namely seniors and the poor through a decrease in the renters property tax credit.

The House file would also:

• freeze local government aid at 2012 amounts;

• provide targeted tax relief for homeowners equal to 90 percent of any tax increase over 12 percent for pay 2012 only;

• replace the foreign operating cooperation deduction with a tax credit;

• increase, in some cases, the research and development tax credit, as well as the angel investment credit; and

• provide a jobs credit for businesses hiring qualified veterans.


The 2011 and 2012 omnibus transportation policy bills have been sitting on the House Fiscal Calendar for approximately a week.

Sponsored by Rep. Mike Beard (R-Shakopee), the 2012 version, HF2685, would, in part, allow suburban opt-out transit providers to “establish a pilot program that adds a distance-based surcharge to standard transit fares.” Such a surcharge could only be implemented on routes whose total length exceeds 15 miles. The pilot program would expire on Jan. 1, 2016. Metro Transit could also impose an increase on its express bus service.

Other provisions in the bill include: directing the Employment and Economic Development and Transportation departments to conduct a freight rail economic development study and broaden a “first haul” exception to vehicles that exceed weight limits by no more than 10 percent and are performing the first transport of unprocessed farm products or unrefined forest products to a location within 100 miles.

The Beard-sponsored 2011 version (HF1284), which was awaiting action on the House floor when last year’s session concluded, includes provisions related to speed limit violations, online driver’s education training, electronic-bicycle use and organ donation education.

Potentially the most controversial part would prohibit speed limit violations of up to 10 mph over the limit in 55 mph and 60 mph zones from going on a driver’s record. Currently, a ticket does not appear on someone’s driving record if the person was driving up to 10 mph over the speed limit in a 55 mph zone, or 5 mph over the limit in a 60 mph zone.

The companion bills, SF1072 and SF2321 await action by the full Senate. Sen. Joe Gimse (R-Willmar) sponsors both.