JUNE 1996
Legislative Update
by Bruce Kleven, MAWG/MBGA Legislative Strategist
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Prairie Grains is the
official publication of
the Minnesota
Association of
Wheat Growers,
North Dakota Grain Growers Association,
South Dakota Wheat,
Inc., and the
Minnesota Barley
Growers Association.
Ag fared well in 1996 MN Legislative Session
The 1996 Minnesota legislative session came to a close on April 3, after last-minute agreements were reached on the final pieces of key legislation. Most legislators looked weary and anxious to go home after what turned out to be a short session plagued by ethics violations and criminal complaints.
The drop of the final gavel on April 3 also marked the end of a two-year biennium cycle; during which, approximately 3,300 bills were introduced in the House. Although some capitol observers feel this was a "do nothing" session because very few major bills were passed, agriculture generally fared pretty well after the dust settled. A look at the highlights from the 1996 session:
Wetlands Reform - Perhaps the greatest victory this year was an agreement on changes to the state's Wetlands Conservation Act. Sen. LeRoy Stumpf (D-Thief River Falls) along with Reps. Jim Tunheim (D-Kennedy) and Tim Finseth (R-Angus), led the charge to ease the notoriously restrictive Act.
The definition of "agricultural land" was broadened, drainage ditches were given greater exemptions, the minimum size of regulated wetlands was increased from 400 square feet to 10,000 square feet in northern Minnesota counties, and repair projects to existing roads became completely exempt from the Act. Sen. Stumpf deserves a great deal of credit for tough negotiating with environmentalists and insisting on landowner-friendly changes to the Act.
Taxes - A conference committee on the tax bill was unable to come to an agreement on a tax package for the year because of House and Senate differences over property tax reform provisions. In its place, a small tax bill with small changes was passed.
A provision that would permanently exempt used farm machinery from sales tax got lost in the conference committee deadlock. Instead, a one-year extension was passed in the small tax bill. Used farm machinery purchased in Minnesota will not be subject to sales tax through June 30, 1997.
First Haul Violations - Current law provides that overweight fines on the first haul of farm products will be based on the amount the truck is overweight. The higher the overload weight, the greater the fine. The timber industry successfully passed a bill that reduces the fine for the first two violations to $150. Any violations greater than two will then be based on the overweight amount. Note that the state patrol can still check scale tickets 30 days after delivery, with overweight violations subject to penalty.
Straw Permits - Current law allows a person to purchase a permit to transport 12-foot wide loads of baled straw within 35 miles of the N.D. border between August 1 and December 1. A new law changes the expiration of these permits from December 1 to March 1 of each year, enabling growers to haul throughout the winter.
Obscure labor law - Farm employees who operate trucks will no longer be restricted in the number of hours per week they can work, if they cross state lines during the planting and harvesting seasons. A federal law used to limit the number of hours to 60 per week, but Congress repealed that law in 1995. The Minnesota legislature made it clear that farmers are exempted from this old federal rule.
Ethanol Compromise - An attempt to weaken the state's growing ethanol industry failed this year as rural legislators drafted a compromise package that allows owners of small engines to purchase top-grade "premium" non-oxygenated fuel. The original proposal (commonly known as the Amoco bill) would have exempted premium gasoline from the current oxygenate requirement.
The compromise, engineered by Rep. Doug Peterson (D-Madison), allows gas station owners to have one pump that makes premium (91 octane or better) non-oxygenated fuel available to boats, small engines, snowmobiles, motorcycles, off-road and collector vehicles.
Trespass by Hunters - A bill authored by Rep. Virgil Johnson (R-Caledonia) cracks down on people who trespass on private land for hunting and other recreational purposes. Beginning this fall, anyone who trespasses on private land may be issued a $50 fine for the first offense, $200 for the second offense, and finally a loss of all hunting license privileges held by the trespasser for repeated violations.
Canola Referendum - Growers interested in funding a canola check-off program will have a second chance to pass a referendum authorizing the check-off. A 1995 vote by canola growers failed because the vote was taken in August during harvest-time. Supporters of the check-off program attribute the failure to the busy harvest, but needed a legislative change to allow a second vote at a different time. Legislation was passed authorizing a second vote to be taken anytime after February, 1996.
Veto-Mania - Arne Carlson may go down as the "veto-ing-est" governor in Minnesota history. According to the MN House publication, Session Weekly, Gov. Carlson has collected 139 vetoes while in office from 1991 to April 11, 1996. That compares with 206 vetoes by all Minnesota governors from 1939-1990! Another distinction for Carlson: He has never had a veto overridden by the legislature. Notable vetoes from this year include a bill to increase the minimum wage, a bill to allow voting by mail, and a bill requiring that businesses receiving state aid pay a livable wage of at least $7.21 per hour.
Election Preview - A surprising number of legislators have announced they will not seek re-election next fall. The most often heard complaint is that legislators are increasingly unhappy about how adversarial the process has become. It appears that with recent restrictions on lobbying activities and other perks, being a legislator just isn't as fun as it used to be.
At least 7 Senators and 12 Representatives will not run again. Out of 201 total seats, this makes almost 10 percent of the legislature not returning. With the usual seat exchanges occurring in the election, the legislature could look very different next year. In addition, many of the retiring members were committee chairmen, and they will have to be replaced regardless of the election outcome.
While the Senate looks like it will remain in the hands of the DFL party at this point, Republicans are very close to gaining a majority in the House. In the coming months, look for partisan temperatures to rise as November draws near.