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Public Policy Issues Archive (2.21.05)
This legislative update published February 21, 2005
“Success is to be measured not so much by the position that one has reached in life as by the obstacles overcome while trying to succeed.”
-- Booker T. Washington (1856-1915)
1. Restrictions on “Moving with Children” and Other Parenting Bills
2. $10 Million for Homelessness: House Bonding Bill
3. Protection For Crime Victims from Employer Retaliation
4. Renter’s Credit Faces Cuts
5. Further Cuts To The Minnesota Child Care Assistance Program
6. Early Childhood Funding Restoration
7. Castration Of Sex Offenders Proposed
8. Minnesota Family Investment Program (MFIP) Funding Restoration
9. Violence Against Women Day At The Capital
10. Chemically Dependent Pregnant Women Intervention
11. Minnesota Women’s Political Caucus
12. Methamphetamine Bill Advances
13. Faith Groups Unite Against Budget Cuts
14. Precinct Caucus Training
15. Film Screening: “Silence Speaks”
16. Contact Us
1. Restrictions on “Moving with Children” and Other Parenting Bills
Three child custody and parenting bills were the focus of last Thursday’s meeting of the Judiciary Subcommittee on Family Law, chaired by Sen. Thomas Neuville (R-Northfield).
Moving children, particularly out of state, is dealt with in a bill, S.F. 644 authored by Sen. Don Betzold (DFL-Fridley), adopted by the committee. The parent seeking to move would have the burden of proving that the move is in the best interests of the child. The committee adopted an amendment clarifying that the burden falls on the parent opposing the move if the moving parent has been a victim of domestic abuse. Another amendment allows moving without a court order with the other parent’s consent, if the other parent has visitation. The bill also prohibits changing custody orders if a custodial parent moves out of state after removal petitions have been denied.
Mary Louise Klas, a retired Ramsey County judge, spoke in opposition to a bill. Relocating custodial families is often a necessity after a divorce. The bill imperils the well being of children, Klas said, because a child's welfare is most dependent on the well-being of the custodial parent, not on a relationship with the non-custodial parent.
Bruce Kennedy, a family law attorney, countered Klas, saying out-of-state moves harm consistent, on-going relationships with non-custodial parents. He said the bill would permit reasonable moves but limit a parent's ability to move a child on a whim.
Under a second bill, sex offenders and others with violent criminal histories could not gain custody of children, except if the offender is the child’s parent. This bill S.F. 563, authored by Sen. John Marty (DFL-Roseville), was adopted by the committee.
Clarifying the legal definition of a father is dealt with under bill S.F. 751, authored by Sen. Don Betzold (DFL-Fridley), also adopted by the committee. During the first two years of a child’s life, a man who lives in the same household as a child for at least 12 months and “holds up the child as his own” would be presumed to be the father. Blood tests showing fatherhood by a percentage of 92 or higher would also create an "evidentiary presumption" of paternity.
All three measures were forwarded to the Senate Judiciary Committee, chaired by Sen. Don Betzold (DFL-Fridley).
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2. $10 Million for Homelessness: House Bonding Bill
Up to $10 million earmarked to combat chronic homelessness was included in the House Bonding Bill, which was moved through Committees last week. This $817 million capital improvements package is expected to be heard on the House floor early this week. The bill includes fewer dollars than was hoped for by many housing advocates – $10 million for the homelessness initiative versus the Gov. Tim Pawlenty’s $20 million proposal. The Senate version of the Bonding Bill does contain the full $20 million in homelessness funding called for by the Governor.
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3. Protection For Crime Victims from Employer Retaliation
When violence erupts, victims of abuse often find themselves having to choose between their safety and their job. Under a bill H.F.443 authored by Rep. Michael Paymar (DFL-St. Paul), victims of domestic violence could take off work to seek safety and relief for themselves and their children without fear of workplace harassment, hostility, or even loss of their job.
The employee would be expected to provide notice of their leave except in cases of imminent danger to themselves or their children. Upon an employer’s request, the employee would be expected to provide verification of their need for a leave. The employer would have to keep all information confidential.
The bill has been referred to the House Public Safety and Finance Committee.
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4. Renter’s Credits Faces Cuts
Significant cuts to the Renter’s Credit are contained in Gov. Tim Pawlenty’s budget proposal. Low and moderate income renters, many of whom are elderly and disabled, rely on this tax credit. Advocates for the homeless, low-income people, senior citizens and victims of domestic violence have voiced opposition to the Governor’s plan to slash this resource. Contact Susie Brown at Family and Children’s Services if you are interested in this issue.
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5. Further Cuts To Minnesota Child Care Assistance Program
The Minnesota Child Care Assistance Program (CCAP) was created to allow low-income parents to remain in the work force knowing their children are cared for, and to promote school readiness in lower-income children. Under Gov. Tim Pawlenty’s plan, the state is expecting to save $70 million by freezing the reimbursement rates for the program, which would eliminate 700 families every month until 2009. Even though Minnesota Family Investment Program (MFIP) recipients are guaranteed access to CCAP, they are effectively being squeezed out of the program by the Governor’s proposed reduction in funding. Parents will be required to pay the difference, find alternative care for their children, or give up work to care for their children themselves.
Freezing CCAP funding will negatively affect not only lower-income families, but also childcare providers who depend on CCAP families for business, as well as employers whose workers depend on the program.
For more information on CCAAP and the proposed cuts, please visit the website of the Child Care Works coalition.
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6. Early Childhood Education Funding Restoration
The House Education Finance Committee considered these two bills on February 9 that would restore some funding to Early Childhood Education Funding. Each will be considered for possible inclusion in the Committee’s omnibus finance bill. Bills H.F.58, sponsored by Rep. Char Samuelson (R-New Brighton), and H.F.152, sponsored by Rep. Nora Slawik (DFL-Maplewood), would both restore funding beginning in the fiscal year 2006 by changing the formula back to $120 times a school districts population of children under 5 years of age.
”With these two bills before us we have a chance to restore funding and undo a terrible wrong, “ said Rep. Mindy Greiling (DFL-Roseville). “ I hope we will continue the bipartisanship that we have with these two authors”. Greiling said some people listed among sponsors of the bills actually voted in favor of the cuts last year. “People spoke out, people changed minds and came forward with restoring legislation.”
ECFE (Early Childhood Family Education) is commonly offered through the community education programs of school districts. Minneapolis ECFE offers services for children and parents at the Harriet Tubman Shelter operated by Tubman Family Alliance.
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7. Castration Of Sex Offenders Proposed
A bill proposing castration of certain sex offenders was brought forward in the House last week. Those convicted of a sex crime would have a hearing to determine whether or not castration should be added to their punishment. Castration could occur chemically with drugs or hormones or surgically.
On February 17, the bill H.F.1131 was introduced and referred to the House Public Safety and Finance Committee.
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8. Minnesota Family Investment Program (MFIP) Funding Restoration
A bill to eliminate housing and Supplemental Security Income (SSI) penalties for Minnesota Family Investment Program (MFIP) recipients continues its journey through the Legislature. This bill would strengthen a critical safety net for our community’s most vulnerable families—including survivors of abuse rebuilding their lives.
Last week, the Senate Health and Family Security Committee passed the Senate version of the bill SF254, authored by Sen. Linda Berglin (DFL-Minneapolis). The House version HF1098, authored by Rep. Karen Clark (DFL-Minneapolis), has been referred to the House Jobs and Economic Opportunity Committee.
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9. Violence Against Women Day At The Capitol
Mark your calendars for the most exciting day of the year to take a stand for peaceful communities, families and relationships.
On Wednesday March 2, a legislative training and dinner at the Minnesota Coalition for Battered Women (MCBW) office will be held from 4 – 8 p.m. Topics covered at the training are how to talk to your legislators, grassroots organizing, and policy issues. The fee for non-MCBW members is $25 per person. Please pre-register for the training no later than February 18 by going to the MCBW website.
On Thursday March 3, you will have an opportunity to meet with your legislators in the morning and early afternoon, and then participate in the Violence Against Women Action Day Rally at the Minnesota Capitol Rotunda at 1:30, which will include the Memorial for the 2004 victims of femicide and sexual assault. Then, the “March to Keep Doors Open for Women and Children” will travel from the Capitol to the MCBW office, just two blocks away. The unveiling of the 2004 Clothesline Project and reception at the MCBW office will be at 3 p.m.
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10. Chemically Dependent Pregnant Women Intervention
A bill heard last week would allow for early intervention treatment for chemically dependent pregnant women in cases where the substance abuse is likely to cause brain damage to the fetus.
On February 15, Senate Judiciary Committee considered the bill S.F. 653, authored by Committee Chair Sen. Don Betzold (DFL-Fridley). Sen. Betzold said the bill changes existing law by allowing intervention for legal substances, such as alcohol, as well as illegal substances. Sen. Betzold commented that the law is drafted very narrowly and that specific circumstances must be met before early intervention may proceed.
Dr. Carol Krush, from the Native American Community Clinic, said the measure allows intervention under a narrow set of circumstances, not wholesale for anyone who is using during pregnancy. Krush said the use of alcohol is more prevalent than many other substances, making additional tool to prevent damage to the fetus important.
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11. Minnesota Women’s Political Caucus
Join the Minnesota Women’s Political Caucus, Education Council and Political Action Committee on Saturday, February 26 for the 2005 annual meeting. Not a member? Not a problem. The annual meeting is a great opportunity to learn more about the Caucus and its sister organizations, find out what will be happening in 2005 and meet others passionate about politics! Additionally, the Minnesota Women’s Press will be at the meeting with their 2005 Women’s Directory and the “Feminist Finds” issue. Meeting attendee’s will received a free directory.
The meeting is free and open to the public. Social hour and networking will begin at 9:00 a.m. and the business meeting, including proposed law changes, will begin at 10:00 a.m. The meeting will held at the Women’s Building, 550 Rice Street in St. Paul. For more information call 651-228-0995.
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12. Methamphetamine Bill Advances
Three bills relating to the use of methamphetamine, commonly called meth, advanced at a February 17 meeting of the Crime Prevention and Public Safety Committee. The panel, chaired by Sen. Leo Foley (DFL-Fridley), had devoted a previous meeting to hearing testimony on the three measures.
The Committee moved to place restrictions on sales of cold medicine that are used to manufacture meth. The bill would put a two-package limit on purchases of medicine contain pseudoephedrine and would require buyers to show identification. Retailers would have to keep this medicine behind the counter and maintain a purchase log.
The bill, sponsored by Sen. Linda Berglin (DFL-Minneapolis), now awaits a full Senate vote. Advocates argue that meth-makers will be leery about leaving a trail of their purchases. But the logs, which they say are too intrusive for the general public, trouble privacy advocates.
The other two methamphetamine bills have more committee stops to make. A bill sponsored by Sen. Julie Rosen (R-Fairmont), ratchets up penalties for making and selling meth and reclassifies the drug as a narcotic on par with cocaine and heroine. Some legislators worry about some of the penalties being too strict. According to Sen. Jane Ranum (DFL-Minneapolis), some meth offenders should be considered for treatment rather than prison sentences.
The final methamphetamine related bill SF 901 sponsored by Sen. Wesley Skoglund (DFL-Minneapolis) would require the MN Department of Health to maintain and publicize a toll-free tip line to enable citizens to report meth crimes and create a new crime for disposing or abandoning methamphetamine waste products or chemical substances. The bill would also support education for retailers and the public on the dangers of meth, establish a public nuisance law for a single incident relating to meth manufacturing, and create a study related to the efficacy of meth treatment programs for offenders. The bill was also approved and advanced to the Senate Judiciary Committee.
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13. Faith Groups Unite Against Budget Cuts
As was reported in a Star Tribune Article on February 18, the states largest denominations called for an increase in income taxes and a reduction in spending cuts to ease the states budget crisis. According to the Star Tribune, “Leaders of the Catholic, Lutheran, Jewish and Islamic faiths have taken similar positions in the past three years of budget crises. But they appear to be a bit more active and outspoken on this latest in the string of deficits.”
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14. Precinct Caucus Training
Local caucuses are an exciting way to get important issues—like family violence prevention—to the forefront of community consciousness. Not sure how to make sense of the caucus process? Learn how to navigate your caucus at a workshop sponsored by the Minneapolis Neighborhood Revitalization Program (NRP), the Minnesota Council of Nonprofits and the Minneapolis Midtown YWCA.
At these workshops, you will learn who can participate in a caucus, what to do at a caucus, how to become a delegate, how to support a candidate, and how to prepare and present a resolution to create a buzz about your issue. The Workshop will be held:
Thursday, February 24 at 7:00 p.m. at Northeast Middle School at 2955 Hayes St. NE in Minneapolis. For additional information or to register, please call 612-673-5149, or send an email to training@nrp.org
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15. Film Screening: “Silence Speaks”
Next Monday, see unique, personal digital videos created by survivors of violence. Amy Hill, director of the Silence Speaks project for survivors and witnesses of violence will discuss how this unique, California-based nonprofit blends creative writing and facilitative multimedia production methods to support individual reflection, youth development, healing from violence, and broader community awareness about critical social issues. Digital stories are powerful tools being used for policy advocacy and community education. For more information about digital storytelling, please contact Amy Hill at (510) 653-2580 or amylenita@storycenter.org
The screening and discussion will be held:
Monday, February 28, 2005, 2:30 p.m. Room 39, Peters Hall School of Social Work, University of Minnesota (Map and directions available at: http://ssw.che.umn.edu/About/Directions.html
If you'd like to attend, please RSVP to MINCAVA by calling (612) 624-0721 or emailing Sean Halloran at shallora@che.umn.edu.
This event is sponsored by the Minnesota Center Against Violence and Abuse (MINCAVA), Minnesota Coalition for Battered Women (MCBW), and Minnesota Coalition Against Sexual Assault (MNCASA)
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16. Contact Us
This legislative update is produced by Tubman Family Alliance, a pioneer in family violence prevention nationwide. Tubman Family Alliance offers a full range of services for all community members—men, women, and children—with the aim of preventing and ending family violence.
Get involved by volunteering at Tubman Family Alliance, or invite the Tubman Speaker’s Bureau to bring violence prevention outreach to your workplace, faith community, civic group or professional association.
For further information on legislative issues and how you can help take action, contact Randy Schubring, Director of Public Affairs at Tubman Family Alliance at 651-770-8544/612-825-3333 or at grassroots@tubmanfamilyalliance.org.
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This Public Policy Updated Published February 21, 2005.
Editor: Randy Schubring
Writers: Christina Fahling and Margaret Ostrander
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