March 17, 2008

Intergovernmental Services Weekly Legislative Update

Week of Monday, March 17, 2008

The AMC Monday Update summarizes the prior week’s legislative action, highlighting the current week’s anticipated action.

Transportation

Transportation Policy Bills

The majority of legislative activity last week relating to transportation revolved around the passage of the House and Senate Transportation Policy Bills HF 3800/SF 3223 out of their respective committees to meet the first bill deadline.  As mentioned in previous updates, we are also expecting the House and Senate to bring forward the policy bills from last year that were in conference committee and did not make it to the floor before session adjourned.

The House bill (HF 3800) contains the following provisions of interest to counties:

·          Requires that a trailer or semitrailer with a gross weight of 3,000 lbs or more must be equipped with brakes to operate on highways

·          Removes the exemption from weight and load restriction for implements of husbandry and requires compliance to all bridge postings.

·          Requires the issuance of a permit for the 10% overweight allowed during harvest for sugar beets, carrots, and potatoes.

·          Reduces the minimum gross vehicle weight for vehicles that have to stop for weighing

From 12,000 pounds to 10,000 pounds.

·          Requires MnDOT to prioritize funding for transportation projects in the metropolitan area that have been awarded federal funding and are consistent with Metropolitan Council plans.

·          Requires MnDOT to develop an implementation plan for providing transit in Greater Minnesota to meet at least 80 percent of the unmet need by 2015 and at least 90 percent of the needs by 2025.  Requires an annual report on transit service in Greater Minnesota.

·          Waives the requirement for driving and on-duty time for interstate and intrastate transportation of anhydrous ammonia.

·          Repeals the prohibition for studying and planning the Dan Patch Commuter Rail Line.

·          Requires the Commissioner of the Minnesota Department of Transportation to appoint a deputy commissioner or chief engineer.

·          Expands the Metropolitan Area transit taxing district to include the cities of Farmington and Lakeville.

·          Establishes reporting requirements for the Urban Partnership Agreement projects and requires recommendations for implementing the Rush Line corridor, Red Rock corridor and I-94 corridor projects.

·          Allows more flexibility for the use trunk highway bonding that was authorized the transportation finance bill.

·          Requires the Department of Public Safety to ascertain a process that allows deputy registrars and driver’s license agents to accept credit cards or debit cards.

The Senate bill (SF 3223) contains the following provisions of interest to counties.

·          Allows MNDOT to charge user fees on the I-35W HOV lane and dynamic shoulder lanes with federal approval

·          Removes the exemption from weight and load restriction for implements of husbandry and requires compliance to all bridge postings.

·          Requires the Commissioner of the Minnesota Department of Transportation to appoint at least one deputy commissioner or chief engineer if there are two Deputy Commissioners.

·          Requires the Minnesota Department of Transportation to establish an advisory committee on non-motorized transportation.

·          Requires the Minnesota Department of Transportation to issue a report to the chairs of the transportation committees on the status of the state’s participation in the urban partnership agreement.

·          Requires the Minnesota Department of Transportation and the Metropolitan Council, in cooperation with counties, cities and towns shall study the benefits and feasibility of adopting a complete streets policy applicable to plans to construct, reconstruct and relocate streets and roads that include safe access for all users including bicyclists and pedestrians, paved shoulders on rural roads and utilization of the latest and best design standards.

·          Requires primary enforcement of the seat belt law.

Capital Investment – Bonding Bill

While many expected the capital investment conference committees to start meeting last week, it failed to do so.  While it appears the House may be interested in meeting the governor’s new target of $825 million, the Senate has drafted and introduced a new bill SF 2538.  It reduces the over-all original Senate proposal by $40 million.   A new comparison of Senate transportation deductions is listed below.

For more information, contact:  Carol Lovro, AMC Policy Analyst

Health and Human Services

Governor’s budget

The governor’s budget (see last week’s Update for details) was heard in both the House and Senate HHS Finance Committees.  AMC provided testimony in both bodies, commenting on some proposed reductions to county programs but also cautioning about refinancing the Health Care Access Fund and TANF one-time fund balances to the General Fund.  Thanks to Ramsey County Commissioner Toni Carter, Watonwan Commissioner John Baerg, and Olmsted Public Health Director Mary Wellik and Adult Services Director Jim Behrends for their excellent testimony.

Health reform bills

SF3099 (Berglin) and HF3390 (Loeffler) and HF3391 (Huntley) continued to advance through various committees in the House and Senate.  After stops at Education, Judiciary, and Commerce, SF3099 was amended and passed in the Senate Health and Human Services Finance Committee.  HF3390 and HF3391 will be heard in House Health and Human Services Finance Committee Monday evening.  

The Statewide Health Improvement Plan was delayed in the House, when the HF3390 was "laid on the table" in the K-12 Finance Division. This bill also included some provisions for schools that concerned the committee.  The language may be amended onto HF 3391, the overall health reform bill carried by Rep. Huntley.

The bills would fund local public health (counties) for health promotion programs to prevent health care costs from obesity and health behaviors as well as reform health care delivery and payment.

County-based health care purchasing

SF3181 (Lourey) was heard and passed out of Senate Government Operations Friday.  This bill would expand single plan status in Prime West and South Country county-based purchasing to additional populations and clean up other provisions.  It was referred to the Finance Committee.   The companion, HF3573 (Otremba) has not yet been heard in the House.

Thanks and congratulations also to great testimony provided a couple of weeks ago on behalf of AMC and counties to Mower County Commissioner Raymond Tucker and Goodhue County Commissioner Ted Siefert.

Upcoming events 

HF3390 and HF3391, the health reform bills, move to House Health and Human Services Finance for action Monday evening.

Child support enforcement

HF3801 (Murphy), will be heard in House Health and Human Services Finance Tuesday.  This bill would provide funding for counties for child support enforcement to replace funds lost through the federal Deficit Reduction Act.  County representatives will testify in support of the bill.  Various Minnesota Family Investment Program (MFIP) bills (HF3616, HF3619, HF3920 all authored by Rep. Walker) will also be heard on Tuesday.

For more information contact:  Patricia Coldwell, AMC Policy Analyst

Public Safety

During the past week, counties were given an opportunity to respond to the governor's proposed cuts in the public safety area. As we mentioned last week, the governor proposed cutting the $2.5 million increase in funding for Short-Term Offenders (STO) that we secured last year and $600,000 for Sentence to Service grants.  County representatives discussed the impact of these cuts in hearings in both the House and Senate, delivering the message that this is another example of the state saving money by passing costs on to county property taxes.

A couple of other bills we are watching were acted upon prior to the committee deadline last week. The comprehensive re-entry initiative authored by Rep. Paymar and Sen. Higgins has been heard by committees in both bodies.  In the House it has been scaled back to only include a provision for a working group on re-ranking drug offenses.   All of the other provisions were removed due to the cost. It is likely that the same thing will happen in the Senate.

The bill to help counties with the hold costs of petitioning sex offenders for civil commitment has met deadlines in both bodies. The bills are quite a bit different in the House and Senate, but there will be work to get them in shape to make positive changes for counties.

For more information contact:  Ryan Erdmann, AMC Policy Analyst

General Government and Taxes

Today, the Senate Tax Committee will hear testimony on the governor’s revenue portions of his supplemental budget, including levy limits.  8:30 a.m. room 15 Capitol.  The House Taxes Committee is hearing the same proposal today at 2:15pm in room 10.

The deadline for all policy bills to be through committee is Wednesday, March 19, at 5 p.m.  The House and Senate will be closed for Easter break from March 19 at 5:00 p.m. to Tuesday, March 25 at 12:00 noon.

Upcoming events: 

Workers compensation benefits

Last week the House Commerce committee heard HF 3936 a bill authored by Rep. Mary Liz Holberg (R-Lakeville).  The bill would have granted additional workers compensation benefits to a city employee who was injured while working on a bomb squad.   AMC, MICA, LMC, the City of Minneapolis and the Chamber of Commerce all testified in opposition to the bill citing the dangerous precedent of determining benefits for employees at the legislature on a case by case basis.  Brian Rice, representing the City of Minneapolis, also pointed out that it was the legislature in 1995, which reduced the workers compensation benefits for cases where the employee is completely disabled.   The bill was passed without recommendation and re-referred to the House Government Operations and Elections Reform Committee.   The bill is not expected to meet deadlines this session and will likely not become law; however, it is unclear whether this issue will prompt a review of current worker’s compensation benefits to determine whether they are adequate.

For more information contact:  Joe Mathews, AMC Policy Analyst

Environment & Natural Resources

Last week  brought a flurry of hearings about land use related bills involving watershed basin based planning, interim zoning, non-conformities, and drainage ditches.  The bills on these issues are not likely to meet legislative deadlines.

Items that were heard that will likely meet deadline are a bill that AMC and the Township Association worked on with Sen. Dille regarding comprehensive planning goals and objectives, and a bill regarding star lake designations including language that AMC and League of Minnesota Cities (LMC) worked with the authors on.  Also, zoning administrators from Mille Lacs and Sherburne counties came to testify in favor of SF3313/HF3268, a bill that would give counties the same ability to utilize interim use permits that cities and townships currently have.  The bill passed local government committees in both bodies and went to the floor.

Commissioners Dennis Berg, Anoka County and Hegberg, Washington County, testified in opposition to SF3690, a bill prohibiting certain local restrictions of wildlife management areas; creating buffer areas for development; and exempting certain areas from county approval requirements.  A piece of this bill is specific to Anoka County and is currently pending in the Senate Environment Omnibus bill.

Commissioner Reinhardt, Ramsey County, testified in favor of HF4051, a bill relating to paint product stewardship in the House Environment Committee.  MN has been chosen as a pilot state for this recycling initiative.

Upcoming events: 

This week there are several bills scheduled relating again, to land use and solid waste. 

Monday
S.F. 3291 Bakk State building code application and enforcement regulation.

S.F. 2872 Vandeveer Local government nonconforming lots use requirements limitations.

HF1813 (Ozment) County comprehensive plans required to consider natural heritage data, development limited in greater Minnesota, and priority provisions required in certain county and city comprehensive plans. (Note-  this bill will be amended with the senate language)

HF2777 (Gardner) Solid waste management tax revenue disposition modified.

HF3540 (Gardner) Waste Management Act modified, principles established, construction and demolition waste recycling required, standards set, greenhouse gas offset project eligibility established, decline of phone directory allowed, and ordinance required.

HF3273 (Eken) Natural resources; monument designation authority, state park names, and park permit requirements modified; finance report requirements eliminated; and technical corrections provided.

HF3997 (Bunn) Land disposal facilities siting prohibited in certain areas.

Tuesday

HF3997 (Bunn) Land disposal facilities siting prohibited in certain areas.

HF3238 (Gardner) Sustainable water use provided; conservation rate structures, emergency management plan, contaminated well disclosure, and information sharing required, and ombudsman created, fees increased, and advisory committee expiration date extended.

HF2536 (Lanning) Basin boards established and money appropriated.

HF3437 (Moe) Star lake or river designation process provided, Star Lake Board created as nonprofit corporation, star lake or river signs allowed on highways, and money appropriated.

For more information contact:  Annalee Garletz, AMC Policy Analyst

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