Politics & Government

Laws in Limbo

A look at legislation from last session that remains unsettled.

When the Minnesota Legislature reconvenes on Jan. 24, lawmakers will have some unfinished business to attend to: A handful of bills from 2011 that are still in limbo — many of which deal with controversial topics such as gun control, sex offender treatment and development of nuclear power. In some instances, the legislation passed the senate, the house, or both but got cut to the quick by the clock. 

HF749/SF1339: The Family Reunification Bill

This bill would give parents who have lost rights to their children a means to petition the state for a reversal. About 1,200 Minnesotan children are in foster care because the state deemed their parents unfit and terminated their parental rights. In some cases, these parents are serving a criminal sentence or are struggling with chemical dependency.

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If passed, Minnesota would be one of just 10 states to provide errant parents with a path to reinstates rights if certain conditions are met.

The bill — sponsored by  Burnsville's own Sen. Dan Hall (R) and Rep. Steve Smith (R-Mound) — was approved as amended by the House Civil Law Committee, but is awaiting action in the Senate Judiciary and Public Safety Committee.

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HF9/SF4: Reconsidering Nuclear Energy 

At the outset, it seemed that the legislature was well on its way to repealing a moratorium on developing additional nuclear energy plants in Minnesota. Both the House and Senate passed legislation to repeal early in the session.

Then a quake and tsunami hit Japan on March 11, 2011, resulting in the Fukushima Daiichi nuclear disaster. The meltdown in Japan put the bill on ice — at least for the short-term. 

If ultimately approved, the bill — sponsored by Rep. Joyce Peppin (R-Rogers) and former Senate Majority Leader Amy Koch (R-Buffalo) — would remove the ban on allowing the Public Utilities Commission to issue a certificate of need for the construction or expansion of nuclear power facilities. 

HF40/SF843: Tax Credits for Worker Training

Rep. Kim Norton (DFL-Rochester) and Sen. David Senjem (R-Rochester) sponsored this bipartisan bill, HF40/SF843, which would create something called a "Lifelong Learning Account program" within the Department of Employment and Economic Development.

If approved, individuals and businesses would be eligible for a 50 percent refundable tax credit in exchange for contributions to accounts used for worker education and training expenses. The Lifelong Learning Account would function a bit like a 401(k): Employees would be able to contribute and their employers would provide matching funds. If the funds were withdrawn for a non-educational purpose, there would be a 25 percent penalty.

Individuals could benefit from a maximum credit of $1,000. The maximum credit would be $500 for businesses.

The bill was approved by the House Higher Education Policy and Finance Committee, but was awaiting action from other committees in both bodies when the session ended.

HF66/SF190: Eliminating the Political Contribution Refund

For years, the State of Minnesota has issued $50 refunds to individuals who donate to a political campaign — $100 max for each married couple. In exchange, the candidates in question must sign an agreement with the Minnesota Campaign Finance and Public Disclosure Board to observe state campaign spending limits.

The program was suspended during the budget crisis of 2010. In 2011, however, Rep. Steve Drazkowski (R-Mazeppa) led the charge to scrap the program altogether, calling it “an illegitimate function of government” and a drain on the state's coffers. If eliminated, Minnesota would save approximately $12 million per biennium.

The bill passed the House, but was laid on the table in the Senate.

A fellow Republican, Rep. Larry Howes (Walker), opposed the bill on the grounds that the bill would make it even harder for a new candidate to win.

“It is an incumbency protection bill. This bill makes it more difficult for a challenger to raise money and makes it difficult to get elected,” Howes reportedly said.

DFL Rep. Kent Eken (Twin Valley) joined the chorus of dissent, stating that such measures enhance the already considerable power of major lobbyists in St. Paul.

“The PCR program is a model that elections groups look to be emulated, because it increases the power and influence of regular people,” Eken said during debates. “… Not only are you limiting the voice of the people, you are expanding the power of deep pockets.”

HF1467/SF1357: Expanding the 'Self-Defense' Clause

A bill by Rep. Tony Cornish (R-Good Thunder) would make it easier for a shooter to claim self-defense. At present, the law is more forigiving to those who use deadly force inside their own dwelling if they have reason to believe their personal safety is in danger. Cornish's law would expand the definition of dwelling to include any building the person is using as an overnight resting place — a definition that would encompass a deck, porch, tent, motor vehicle or water craft.

Advocates say this allows citizens to better defend their lives and property. Detrators say that the bill gives the would-be shooter too much latitude. 

“People should have the right to defend themselves in their homes,” said Rep. John Lesch (DFL-St. Paul). “But by opening up this law so much there will be situations where individuals are not held accountable for the law. You will have situations in this state where you think to yourself, ‘Wow, maybe we shouldn’t have opened the door that wide because this idiot who wielded this gun at this time was not in his right mind, was not in the right state to reasonably expect to defend himself because reasonable is no longer the standard.’”

The House passed the bill with a vote of 79-50. Session ended before the Senate could take action on the matter.

This information was compiled from reports from the Minnesota House Public Information services. These are just a few of the bills still pending in the legislature. To see a more comprehensive list, click here.


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