Vaccine not at top of federal avian flu response plan

Poultry producers and government officials are preparing for a predicted renewed fall avian flu outbreak, such as improving biosecurity, but they disagree about whether a vaccine should be used.

The U.S. Senate Agriculture Committee on Tuesday heard from federal officials and a panel representing poultry farmers, with an eye toward fall when wild water fowl begin their southerly migration, which will be late August in Minnesota. Experts think the flu is spread by migrating birds, but do not know specifically how.

“We are facing the largest animal health emergency in this country’s history,” said Dr. John Clifford, a key U.S. Department of Agriculture official in dealing with the flu outbreak.

However, Clifford said, vaccine may not be the answer.

Some foreign countries are hesitant to buy poultry from this country.

“We’ve seen trade cut off by trading partners concerned about the devastating effects of this disease, causing over $1 billion in poultry products to be directed to other markets at a cost to producers,” Clifford said.

The USDA has investigated vaccinations, he said, but none has proven effective to the current H5N2 strain that has hit Midwest poultry farms.

“Aside from questions about its effectiveness, USDA believes that if a vaccine were used, some additional trading partners would ban all U.S. exports of poultry and eggs and not necessarily just those from the states currently affected … until they could complete a full risk assessment,” Clifford said. “The loss of these markets could cost U.S. producers at least $3 billion in trade revenue.”

Eighteen countries have suspended all American poultry imports, with 38 others stopping imports only from areas where bird flu has been confirmed.

Dr. David Swayne of USDA’s Agriculture Research Service said that in countries where vaccines have been used, they have not eradicated the disease.

“While testing looks promising, much more work needs to be done before a registered vaccine is found to be a viable option,” Swayne said.

Poultry farmers testifying in front of the committee delivered a mixed reaction to using vaccines.

“To truly recover from this devastating chapter, we need every means possible to eradicate the disease in commercial poultry,” said turkey farmer Brad Moline of Manson, Iowa. “There are many strategies that will be employed, but one of the most powerful potential tools in the toolbox will be a vaccine to fight the virus.”

On the other hand, James Dean of United Egg Producers in Sioux Center, Iowa, said vaccinating his flock would reduce egg production 10 percent because birds would need to receive three shots.

“That would mean a lot of people going into the building to do vaccination,” Dean said.

President Ken Klippen of the National Association of Egg Farmers said the virus had been hard on his members.

He told the story of Amon Baer of Lake Park, Minn., who testified in front of the Senate ag committee in 2012.

“He’s also one of the egg farmers devastated by avian influenza,” Klippen said. “When he discovered birds on his 300,000 egg layer farm dying suddenly in April, the laboratory confirmation of avian influenza made his heart sink. He would have to destroy every chicken on his farm.”

The virus has resulted in deaths of 10 percent of the chicken egg-laying population (42 million birds) and 3 percent of turkeys (7.5 million). Minnesota is the country’s top turkey producer, while Iowa is first in egg production.

Farmers and federal officials at the Senate hearing agreed that work to better keep the virus out of poultry flocks, an effort known as biosecurity.

While no new Midwestern bird flu cases have been reported in weeks, some of the farmers said federal officials could help them improve biosecurity, and perhaps help fund their efforts, before the predicted fall outbreak.

“We need some help knowing what areas of biosecurity we can improve on,” Moline said.

Clifford said that the USDA plans to give advice about improving biosecurity.

Moline was not happy with what some have said about his industry: “Could we all have done more to stop the spread of this virus? Most likely, but I take great offense to the notion articulated by some inside and outside the government that we in the turkey industry were careless or knowingly negligent. We in the industry, and my family farm specifically, have everything to lose by being sloppy; we don’t win by cutting corners.”

The new strain of avian flu needs new security procedures, Moline said. “What we have done successfully for years clearly needs to be revisited.”

 

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The U.S. turkey slaughter in May tumbled 12 percent from the prior month, government data shows, as the country’s worst-ever case of bird flu decimated flocks in top producer Minnesota and surrounding states.

The 17.8 million turkeys slaughtered nationwide last month was 8 percent fewer than May 2014, according to the U.S. Agriculture Department’s monthly poultry slaughter report. It was also the lightest slaughter for the month of May since 1987, USDA data showed.

More than 7.5 million turkeys have been killed by highly pathogenic avian influenza or culled to control its spread since December, according to USDA’s Animal and Plant Health Inspection Service. Hardest hit have been top producer Minnesota, which to date has lost more than 4.8 million birds, and No. 8 producer Iowa, where more than 1.5 million have died.

Minnesota’s May slaughter of 2.9 million young turkeys was down 31 percent from the previous month. However, the slaughter in Iowa rose 5.4 percent in May to 1.2 million birds.

— Reuters

Emergency managers want more railroad communications

Oil rail safety advocates hold up a banner Tuesday, July 7, 2015. Roses were used to remember the 47 who died in a Quebec oil train explosion two years ago Monday. (Forum News Service photo by Don Davis)

Oil rail safety advocates hold up a banner Tuesday, July 7, 2015. Roses were used to remember the 47 who died in a Quebec oil train explosion two years ago Monday. (Forum News Service photo by Don Davis)

Many Minnesota emergency managers say railroads that haul crude oil should communicate with them better.

“Planning done in a silo is not effective,” Director Judson Freed of Ramsey County Emergency Management and Homeland Security said Tuesday as rail safety advocates called for more cooperation. “We need to know what their experts are saying.”

Some of that information is becoming available after five railroads filed state-required emergency response plans with the Minnesota Pollution Control Agency last week. However, the emergency managers say that is not enough.

Rick Larkin, Freed’s St. Paul equivalent, praised a couple dozen citizens gathered for the rail safety news conference “to really demand action from the railroads.”

While Larkin said railroad trainers do a good job working with local firefighters and other public safety officials, “we need a willing partner” with railroad executives.

Democratic legislators and members of Citizens Acting for Rail Safety-Twin Cities called the news conference to demand that last week’s reports be made public.

MPCA spokesman Dave Verhasselt said that already was his department’s intention, once railroad and state lawyers remove parts that should not be public due to security and competitive reasons. City and county emergency managers can view the reports now.

A spokeswoman for the railroad that carries the most North Dakota crude oil across Minnesota, BNSF Railway Co., said it has complied with state law.

“We understand MPCA is in the process of reviewing BNSF’s plan and we’ll work with the state agency as it responds to requests for public release of the plan,” Amy McBeth said. “We will continue working with officials and responders to share information and provide ongoing training as we have done for decades.”

In the past two years, she said, BNSF has conducted hazardous materials training with 1,700 public safety personnel near its Minnesota tracks.

“We have emergency response plans in place that we routinely evaluate, test and update,” McBeth said. “We have always and continue to work with state responders on preparedness planning and training.”

A leader of the citizens’ safety group, Cathy Velasquez Eberhart, said that no realized how dangerous living near railroad tracks could be “until we started to see them exploding in other parts of the country.”

No oil trains have derailed and exploded in Minnesota, even though much of the crude from western North Dakota’s Bakken oilfield moves across Minnesota rails. Most goes on rail lines from Moorhead, through the Twin Cities and south along the Mississippi River. Canadian oil, ethanol and other hazardous materials also travel in Minnesota.

“Oil trains go within a few feet of our Mississippi River,” Eberhart said, standing in the parking lot of the pollution agency that would be in charge of cleaning up oil spills and a few hundred feet from tracks carrying oil-filled rail cars.

Eberhart said she hopes her group can expand statewide to represent those concerned about rail safety.

Larkin said that state law requires railroads to meet annually with public safety officials in communities where oil trains travel. The reports filed last week are “starting points” for those meetings, he said.

However, those annual meetings are not open to the public and many at the Tuesday event called for more public information.

“They are not willing to share it in an open forum,” Larkin said. “They do the minimum compliance.”

State Rep. Dan Schoen, D-St. Paul Park, said that keeping some information private makes sense so it is more difficult for people to discover weaknesses in rail security.

However, Schoen added, the public needs more oil train information, something he said would help railroads.

“The trust factor with railroads might be down,” said Schoen, a Cottage Grove police officer.

 

Dayton takes advantage of single-day window to raise commissioners’ pay

Minnesota Gov. Mark Dayton says on Wednesday, July 1, 2015, he is solely responsible for giving raises to commissioners he appointed. (Forum News Service photo by Don Davis)

Minnesota Gov. Mark Dayton says on Wednesday, July 1, 2015, he is solely responsible for giving raises to commissioners he appointed. (Forum News Service photo by Don Davis)

Minnesota Gov. Mark Dayton handed state commissioners annual average raises of $29,000 Wednesday, admitting that many Minnesotans cannot relate to that big an increase.

“My goal is to make government as good as possible,” Dayton said, adding that he came in thousands under the limit legislators set for commissioner pay.

“I did what I was authorized to do…” he said. “I am solely responsible for this.”

Dayton said he understands that the size of the raises may be tough for the public to understand, and the average raise alone is more than some families bring home. He asked Minnesotans to give him the benefit of the doubt that the raises are needed.

Top-level workers’ salaries have not risen as much as needed in recent years, he said. “We are playing catchup.”

The Democratic governor took action on the only day he was allowed to under a deal he and legislative leaders cut early this year. The Democratic-controlled Legislature of 2013-2014 gave Dayton the freedom to decide commissioner pay, but lawmakers of both parties objected in January this year when he upped salaries nearly a month before he told legislators.

The salaries announced Wednesday are similar to those he gave in January, before he and legislators agreed that the raises would be revoked and the governor would be able to hike commissioners’ pay only on Wednesday, the first day of the state’s $42 billion, two-year budget. After midnight Wednesday, power to set salaries returned to the Legislature.

House Speaker Kurt Daudt, R-Crown, said Dayton should have talked to Minnesotans after the January dispute so he would know they do not support paying $900,000 more to his appointees.

“The governor apparently is more out of touch than I thought with Minnesotans,” Daudt said.

Top commissioner salaries of $154,992 annually go to those running transportation, revenue, public safety, natural resources, human services and budget departments. Not far behind, at $150,002, are commissioners of corrections, education, employment and economic development, health and pollution control.

Most Dayton Cabinet members received $25,000 to $35,000 raises.

Five Public Utilities Commission members each get a $43,000 raise to $140,000 annually. They do not sit on the Dayton Cabinet.

In all, 31 officials will get paid more under Dayton’s action.

The governor said one commissioner was offered $50,000 a year more for a private job, but she turned it down. He said no commissioner has complained about pay.

Senate Majority Leader Tom Bakk, D-Cook, said the Legislature overwhelmingly gave Dayton authority to raise salaries.

“I share the concern of hiring and retaining our highly qualified, dedicated commissioners and other public servants who perform the outstanding work of our state departments,” Bakk said.

GOP leaders were critical of Dayton, even though Democrats pointed out that most Republicans voted in favor of the bill that gave Dayton authority to deliver pay raises Wednesday.

Daudt predicted lawmakers will attempt to overturn the pay raises in the 2016 legislative session.

The Republican also said that it will be tough to approve any agency budget increases next year in light of the pay hikes.

The speaker said that Dayton already had given 5 percent commissioner raises each of the past two years and he could have accepted raises in the 3 percent to 5 percent range.

The raises will be used in next year’s legislative campaigns.

Senate Minority Leader David Hann, R-Eden Prairie, said the raises are part of a larger issue he sees with Democrats who want to help themselves and their friends.

Hann said that compared to other states, Minnesota commissioners are overpaid. Dayton has had no problem getting commissioners, even with the old pay, the senator added.

 

Dayton uses second chance to hike commissioner pay

Standing near the state Capitol building being renovated, Minnesota House Speaker Kurt Daudt Wednesday, July 1, 2015, says that the governor was not listening to citizens when he boosted state commissioners' pay. (Forum News Service photo by Don Davis)

Standing near the state Capitol building being renovated, Minnesota House Speaker Kurt Daudt Wednesday, July 1, 2015, says that the governor was not listening to citizens when he boosted state commissioners’ pay. (Forum News Service photo by Don Davis)

Minnesota legislators gave Gov. Mark Dayton one day to raise his commissioners’ pay and, to no one’s surprise, he did that today.

Dayton is giving an average $20,000 raise to his commissioners and overall raises are similar to the $800,000 he awarded them in January, before he and legislative leaders agreed that the raise would be revoked and the governor would be able to up commissioners’ pay today only.

His action early this year created an uproar among lawmakers who were upset that he gave the raises and did not tell them until nearly a month later.

“It’s a lot of money; it’s more money than most Minnesotans make,” Dayton said on Minnesota Public Radio. “But these are very talented people who have the ability to command these salaries — in fact, higher salaries — in the public sector elsewhere, even in Minnesota.”

Top commissioner salaries of $154,992 went to those running transportation, revenue, public safety, natural resources, human services and budget departments. Not far behind, at $150,002, were commissioners of corrections, education, employment and economic development, health and pollution control.

He could have raised those 11 and eight other commissioners’ salaries to $164,803.

Another eight commissioners will be paid up to $144,991, short of a $148,694 cap.

“All Minnesotans depend upon their skills to organize and deliver needed public services, while also creating efficiencies and saving taxpayers money,” Dayton wrote to legislative leaders about his commissioners.

He also wrote: “The salaries of high-level public officials are continent targets for anti-government partisans, who don’t understand the sophisticated administration skills required to provide quality government services, and care even less.”

Senate Majority Leader Tom Bakk, D-Cook, said the Legislature overwhelmingly gave Dayton authority to raise salaries on July 1.

“I share the concern of hiring and retaining our highly qualified, dedicated commissioners and other public servants who perform the outstanding work of our state departments,” Bakk said.

But Republicans said Dayton is out of touch with Minnesotans, who do not want commissioners to get the size of raises given Wednesday.

“I will not say I am surprised, but I will say I’m very disappointed,” House Speaker Kurt Daudt, R-Crown, said about Dayton’s decision.

He called the governor out of touch with average Minnesotans and predicted lawmakers will attempt to turn back the pay raises in the 2016 legislative session. He said the average pay increase in the state was 1.7 percent, but some commissioners received more than a 30 percent boost.

Daudt also said that it will be tough to approve any agency budget increases next year in light of the pay hikes.

The speaker said Dayton already has given 5 percent commissioner raises each of the past two years and he could have accepted raises in the 3 percent to 5 percent range.

The $42 billion, two-year state budget started today, but it does not include funds for commissioner raises.

 

Aid for poor included in new laws

Thousands of poor Minnesota families begin getting more state aid Wednesday as the new state budget begins.

The $42 billion, two-year overall state budget provides more housing assistance, as well as lower child care costs.

“Too many children are living in poverty without proper housing and other basics,” Assistant Commissioner Jim Koppel of the Human Services Department said. “These investments will help families trying to stretch their monthly budgets to care for their children and provide them healthier, more successful lives.”

Nearly 20,000 families getting aid from the Minnesota Family Investment Program will receive an additional $110 a month to help with housing costs. The housing assistance getting a boost was begun by the 2013 Legislature and increased this May.

The grants will be available to people who do not live in public housing or receive other rental assistance.

Families will pay less for child care through a state program that lawmakers gave an additional $10 million. State officials say the extra money should reduce a child care waiting list that now counts 4,500 families. It should help more than 600 children.

“Stable housing and strong early childhood experiences are two of the best ways to ensure these children have a bright future,” Koppel said.

Most state law changes come Aug. 1, but since the state fiscal year is July 1 to June 30, Wednesday also features a good many changes that are included in the state budget.

Education, one of the most-discussed issues in the Legislature this year, will experience a number of changes other than more state money (most notably for early learners).

One new provision allows experienced and well-trained teachers from other states to have an easier time getting Minnesota teacher licenses.

School districts will be allowed to start classes before Labor Day this year, since the holiday comes late. However, there are reports from some districts that this is too late to change next school year’s schedule.

Other new laws include:

— Drivers participating in Uber and other transportation-sharing services using private vehicles are required to carry insurance.

— Nursing homes and senior citizen organizations will be allowed to conduct bingo more than twice a week, which now is the limit.

— Funding is available to combat recruitment of Minnesotans by terrorist organizations.

— The state political contribution rebate ends, which prompted political groups in recent weeks to push for contributions before the $50 refund expires.

 

Judge to Minnesota: Fix program or sex offenders may be released

The Minnesota Sex Offender Program facility at Moose Lake, Minn. (2011 file / News Tribune)

The Minnesota Sex Offender Program facility at Moose Lake.

A federal judge says sex offenders have rights, too, and told state officials Wednesday to either make the Minnesota Sex Offender Program constitutional or he may release some offenders.

It is a debate that began after the kidnapping and killing of Dru Sjodin in 2003, when the number of sex offenders committed to the treatment program began a dramatic increase.

U.S. District Court Judge Donovan Frank did not order specific changes to the program and said no sex offenders will be released immediately. However, without changes, he indicated that closing the program or releasing sex offenders is possible.

“The stark reality is that there is something very wrong with this state’s method of dealing with sex offenders in a program that has never fully discharged anyone committed to its detention facilities in Moose Lake and St. Peter since its inception in 1994,” wrote Frank, who as a St. Louis County, Minn., prosecutor and state judge dealt with sex offender cases.

“It is undisputed that there are civilly committed individuals at the MSOP who could be safely placed in the community or in less restrictive facilities,” Frank wrote about the program that keeps some sex offenders in prison-like hospitals for years after they finish serving prison terms.

The ruling gives state officials one last chance, after several warnings, to change the program before the judge makes the decisions for them.

“We are going to have to make it a real treatment program,” said Sen. Tony Lourey, D-Kerrick, a key legislative player on the issue.

Gov. Mark Dayton and Human Services Commissioner Lucinda Jesson disagree with the ruling and pledged to defend the program.

“He has not ordered any specific changes…” Jesson said in an interview. “We are just continuing to run the program.”

Some changes that Frank suggested already are in the works, she added, including putting some offenders in less restrictive facilities. Another Frank idea matches one from Dayton, which did not pass the Legislature, to regularly evaluate the progress that sex offenders make in treatment.

Frank, who then-U.S. Sen. Dayton recommended be named a federal judge in 1998, asked state leaders to attend an Aug. 10 meeting to design a constitutional treatment program. He said that among those he wants at the meeting are Dayton, House Speaker Kurt Daudt and Senate Majority Leader Tom Bakk

“There may be changes that could be made immediately, short of ordering the closure of the facilities, to remedy this problem,” Frank wrote.

Jesson said that legislators would have to change state law and appropriate money for most of Frank’s ideas. If he insists that happen before the Legislature convenes next March 8, it would require a special session.

Lourey said that Frank wants politicians reluctant to be seen as letting sex offenders go free to get the message “that we really do have to do something.”

Senators already have voted to make changes, some of which fit with Frank’s proposals. The House has not taken action.

The attorney for sex offenders who brought the class-action lawsuit against the state was happy that Frank said that offenders have rights.

“This order highlights the complete failure of the political system in Minnesota with respect to these important issues but more importantly, it reaffirms that all people, no matter how disliked they are or how reprehensible their prior conduct, are entitled to constitutional protection,” Dan Gustafson said.

Frank said in a 76-page ruling that the sex offender treatment in Moose Lake and St. Peter state hospitals gives sex offenders no “realistic hope of ever getting out,” even though some offenders could live outside the treatment centers.

The debate about what to do with sex offenders after their prison terms end began when Sjodin was killed in 2003.

Shortly before Sjodin disappeared, Alfonso Rodriguez Jr. completed his 23-year prison term and was released, but was not committed to the Minnesota Sex Offender Program.

Federal and state laws changed after Sjodin was kidnapped on Nov. 22, 2003, from a Grand Forks, N.D., mall parking lot. Her body was found five months later and Rodriguez of Crookston, Minn., was convicted of her death.

The fact that Rodriguez did not go into treatment raised such an uproar among Minnesotans that politicians, prosecutors and judges began putting more and more offenders into treatment, boosting the number of clients from 150 then to 714 today.

Minnesota politicians increased prison terms for the worse sex offenders, but did little with the treatment program. In the past couple of years, legislators expected Frank to order major changes, but they mostly avoided voting to let sex offenders go free.

Sjodin was a University of North Dakota student and a Pequot Lakes High School graduate.

The St. Pioneer Press, a Forum News Service media partner, contributed to this report.

—-

Sex offender ruling quotes

Here are some excerpts from Frank’s ruling:

“(The program) challenges the boundaries that we the people set on the notions of individual liberty and freedom, the bedrock principles embedded in the United States Constitution.”

—-

“It is fundamental to our notions of a free society that we do not imprison citizens because we fear that they might commit a crime in the future. Although the public might be safer if the government, using the latest ‘scientific’ methods of predicting human behavior, locked up potential murderers, rapists, robbers and, of course, sex offenders, our system of justice, enshrined in rights guaranteed by our Constitution, prohibits the imposition of preventive detention except in very limited circumstances.”

—-

“The court concludes that Minnesota’s civil commitment statutes and sex offender program do not pass constitutional scrutiny. … The stark reality is that there is something very wrong with this state’s method of dealing with sex offenders in a program that has never fully discharged anyone committed to its detention facilities in Moose Lake and St. Peter since its inception in 1994.”

—-

“In light of the structure of the MSOP and the history of its operation, no one has any realistic hope of ever getting out of this ‘civil’ detention. Instead, it is undisputed that there are committed individuals who meet the criteria for reduction in custody or who no longer meet the criteria for commitment who continue to be confined at the MSOP.”

—-

“There are some sex offenders who are truly dangerous and who should not be released; however, the criminal and civil justice systems should say so and implement appropriate procedures so as to afford individuals their constitutional protections.”

—-

“The rate of (sex offender) commitment in Minnesota is 128.6 per million, the rate of commitment in North Dakota is 77.8 per million and the rate of commitment in New York is 15 per million. The rate of commitment in Minnesota is significantly higher than the rate of commitment in Wisconsin, which is demographically similar to Minnesota.”

—-

“A significant increase in commitment and referral rates followed the abduction and murder of Dru Sjodin in late 2003.”

—-

“The evidence clearly establishes that hopelessness pervades the environment at the MSOP, and that there is an emotional climate of despair among the facilities’ residents, particularly among residents at the Moose Lake facility.”

—-

“Site visit auditors also confirmed that frequent staff turnover, particularly at Moose Lake, has negatively impacted therapeutic treatment engagement.”

—-

“The court is hopeful that the stakeholders will fashion suitable remedies so that the court need not consider closing the MSOP facilities or releasing a number of individuals from the MSOP with or without conditions. As the court has stated in a number of previous orders and will now say one last time, the time is now for all of the stakeholders in the criminal justice system and civil commitment system to come together and develop policies and pass laws that will not only protect the public safety and address the fears and concerns of all citizens, but will preserve the constitutional rights of the class members (those in treatment).”

 

Minnesotans must wait to see sex offender treatment plan changes

A federal judge says the Minnesota Sex Offender Program is unconstitutional, but what happens next is unclear.

The judge did not order specific changes to the program in his Wednesday ruling and said no sex offenders will be released immediately. However, without changes in the program he indicated that a mass release of sex offenders is possible.

“It is undisputed that there are civilly committed individuals at the MSOP who could be safely placed in the community or in less restrictive facilities…” U.S. District Court Judge Donovan Frank wrote about the program that keeps some sex offenders in a prison-like setting for years or decades after they finish serving their prison terms. “The stated goal of the MSOP’s treatment program, observed in theory but not in practice, is to treat and safely reintegrate committed individuals at the MSOP back into the community.”

Gov. Mark Dayton and Human Services Commissioner Lucinda Jesson disagree with the ruling.

“We continue to believe that both the Minnesota Sex Offender Program and the civil commitment statute are constitutional,” Dayton said in a statement. “We will work with the attorney general to defend Minnesota’s law.”

Dayton and Jesson were thankful that Frank did not order any sex offenders released.

“He has not ordered any specific changes…” Jesson said in an interview. “We are just continuing to run the program.”

Some changes that Frank suggested, but did not order, already are in the works, she added. Included among them are less restrictive facilities for some offenders, compared to prison-like hospitals where treatment now is provided.

Dayton proposed funding, which did not pass this legislative session, to regularly evaluate the progress sex offenders are making in treatment. Frank suggested that as one change he would like to see.

The debate about what to do with sex offenders began when Dru Sjodin was kidnapped and killed in 2003.

Frank asked state leaders — including Gov. Mark Dayton, House Speaker Kurt Daudt and Senate Majority Leader Tom Bakk — to design a constitutional treatment program. They are to meet later this summer.

Since Sjodin’s death, most politicians have leaned toward keeping the state’s worst sex offenders in prison or at a state hospital as long as possible. But Frank ruled that keeping them indefinitely hospitalized violates the U.S. Constitution

“There may be changes that could be made immediately, short of ordering the closure of the facilities, to remedy this problem,” Frank wrote.

The attorney for sex offenders who brought the class-action lawsuit was happy that Frank said that the offenders have rights.

“This order highlights the complete failure of the political system in Minnesota with respect to these important issues but more importantly, it reaffirms that all people, no matter how disliked they are or how reprehensible their prior conduct, are entitled to constitutional protection,” Dan Gustafson said.

Frank was frank in his ruling.

“The stark reality is something very wrong with this state’s method of dealing with sex offenders,” Frank wrote, offering several potential remedies for state leaders to consider.

Frank said he will hold an Aug. 10 conference where state executive and legislative branch officials “will be called upon to fashion suitable remedies to be presented to the court.”

If they cannot resolve the issue, he warned that he could close the program and release offenders.

The judge said in a 76-page ruling that the sex offender treatment in Moose Lake and St. Peter state hospitals gives sex offenders no “realistic hope of ever getting out,” even though some offenders could live outside the treatment centers.

Federal and state laws changed after Sjodin was kidnapped Nov. 22, 2003, from a Grand Forks, N.D., mall parking lot. Her body was found five months later and Alfonso Rodriguez Jr. of Crookston, Minn., was convicted of her death.

Not long before Sjodin disappeared, Rodriguez completed his 23-year prison term and was released, but was not committed to the Minnesota Sex Offender Treatment Program.

The program allows state officials to keep sex offenders in prison-like hospitals as long as they want after their prison sentences are completed.

Sjodin’s death and the fact that Rodriguez did not go into treatment raised such an uproar among Minnesotans that politicians, prosecutors and judges began putting more and more offenders into treatment, boosting the number of clients from 150 then to 700 today.

Minnesota politicians increased prison terms for the worse sex offenders and took other measures, but did little with the treatment program. In the past couple of years, legislators expected Frank to order major changes, but with the issue a political minefield, they mostly avoided dealing with it.

Sjodin was a University of North Dakota student and a Pequot Lakes High School graduate. Her mother, Linda Walker, has worked more than 11 years to change laws to keep people safe from sex offenders.

No sex offender has been fully released from the treatment program.

Keeping an offender in the treatment program costs $120,000 a year, three times the cost of an average prison inmate.

The St. Pioneer Press, a Forum News Service media partner, contributed to this report.

 

Federal judge orders Minnesota sex offender treatment to be fixed

Dru Sjodin, slain Unversity of North Dakota student

Dru Sjodin, slain Unversity of North Dakota student

Dru Sjodin’s 2003 death produced what may be its most important side effect yet, a federal judge’s ruling Wednesday that the Minnesota Sex Offender Treatment Program violates the U.S. Constitution.

U.S. District Court Judge Donovan Frank ordered those involved in the program, including leaders from the state executive and legislative branches, to work on a solution.

“There may be changes that could be made immediately, short of ordering the closure of the facilities, to remedy this problem,” Frank wrote.

Frank said he will hold an Aug. 10 conference where state executive and legislative branch officials “will be called upon to fashion suitable remedies to be presented to the court.”

The judge said in a 74-page ruling that the sex offender treatment facilities in Moose Lake and St. Peter “will not be immediately closed.”

The program gives sex offenders no realistic chance of getting out, he said, even though some offenders could live outside the treatment centers.

Federal and state laws changed after Sjodin was kidnapped Nov. 22, 2003, from a Grand Forks, N.D., mall parking lot. Her body was found five months later and Alfonso Rodriguez Jr. of Crookston, Minn., was convicted of her death. Not long before Sjodin disappeared, he completed his 23-year prison term and was released, but not committed to the Minnesota Sex Offender Treatment Program.

However, Minnesota politicians did little to change the treatment program that Frank criticized last year by calling it “one of the most draconian sex offender programs in existence” and adding: “The time for legislative action is now.”

The program allows state officials to keep sex offenders in prison-like hospitals as long as they want after their prison sentences are completed.

Sjodin’s death and the fact that Rodriguez did not go into treatment raised such an uproar among Minnesotans that politicians, prosecutors and judges began putting more and more offenders into treatment, boosting the number of clients from 150 then to 700 today.

Minnesota politicians increased prison terms for the worse sex offenders and took other measures, but did little with the treatment program. In the past couple of years, legislators expected Frank to order major changes, but with the issue a political minefield, they mostly avoided the issue themselves.

Sjodin was a University of North Dakota student and a Pequot Lakes High School graduate. Her mother, Linda Walker, has worked more than 11 years to change laws to keep people safe from sex offenders.

Those in the state treatment program live in prison-like conditions at Moose Lake and St. Peter state hospitals. Just one has graduated from treatment and he continues to live under supervision.

The class-action lawsuit filed by clients of the sex offender program claims that the program is punitive detention with little chance of getting out, even though their prison sentences have been served. That, they say, is unconstitutional.

On the first day of a spring trial in the case, the clients’ attorney produced a witness that compared Wisconsin to Minnesota. Both states created sex offender treatment programs about 20 years ago. But in Wisconsin, just 362 people are in the program and 118 have been discharged.

The state’s attorney said that the program is designed to keep Minnesota safe, which it does by treating sex offenders.

Keeping an offender in the treatment program costs $120,000 a year, three times the cost of an average prison inmate.

 

State money heads to bird flu victims

State money is en route to immediate and long-range needs to fight avian flu that has resulted in more than 9 million turkey and chicken deaths in 23 Minnesota counties.

Minnesota legislators early Saturday approved spending $23 million for several programs responding to bird flu and nearly $27 million for University of Minnesota poultry testing facilities. Federal funds also help farmers recover from euthanizing turkeys in flocks hit by bird flu.

“The support that we have had from public officials … has been tremendous,” said Steve Olson, who represents Minnesota and other Midwestern poultry producers. “Our growers have noticed that.”

An immediate benefit for farmers with flocks affected by the flu will be $10 million in no-interest loans.

“Minnesota’s poultry farmers have been hit hard by this disease and many will struggle to get back in business,” Agriculture Commissioner Dave Frederickson said. “These disaster loans will help them, in part, rebuild their operations and revitalize their industry.”

The state Rural Finance Authority is offering the loan assistance through farmers’ normal lenders. The no-interest loans can be up to 45 percent of money a farmer needs. The rest would come from regular lenders, who will charge interest.

The loans may be up to $200,000 and last up to 10 years.

Olson said he expects farmers to especially benefit from the money as they try to increase biosecurity, finding ways to keep the flu virus out of their barns.

Even before the H5N2 flu that spread quickly and makes birds sicker than other forms of flu hit this spring, some farmers were looking to increase biosecurity, such replacing fans to keep them from blowing the virus into barns. Those changes could cost $30,000 a barn, and there are about 1,000 barns in the state, Olson said.

Farmers may need to pay twice that to install air filters to do a better job of keeping the air clean, Olson added.

Poultry farmers also received $1 million to help repay farmers for dead birds, but Olson said that is a fairly small amount. The federal government pays farmers for every bird they must euthanize, but they receive nothing for birds that die from the flu.

Some of the state money will be spent on equipment to euthanize birds.

“We had a number of flocks that went positive at about the same time, so we got behind on our depopulating,” Olson said. “That meant the virus was alive on those farmers longer.”

Birds are euthanized by covering them with foam, and equipment to be bought will include foam sprayers.

State money also is headed to farmers’ mental health needs. A mental health team created for the Aug. 1, 2007, Interstate 35W bridge collapse in Minneapolis is available to help farmers whose flocks were affected by bird flu.

Some money is for state workers responding to the agriculture disaster.

Two types of university laboratories will be updated, but unlike loans that are available immediately, the facilities will take more than two years to upgrade.

“The $18 million investment in our St. Paul campus will replace two obsolete labs with a state-of-the-art bio-containment facility,” University of Minnesota President Eric Kaler said.

Another $8.5 million will go to improve a university facility in Willmar, in the heart of turkey country.

Every flock is tested for disease before going to market, one of the 38-year-old Willmar lab’s functions. The new funds will allow it to do more tests on diseases like the one now affecting poultry.

“This testing facility will create jobs in our community and will assist health officials in their efforts to quickly test poultry and other animals,” Rep. Dave Baker, R-Willmar, said.

State officials, farmers and processors hope another pot of state money never is used.

The Legislature approved extending unemployment benefits to poultry workers 13 weeks longer than the standard 26 weeks.

Director Rick Caligiuri of the unemployment insurance program said the state has seen few unemployment claims from the poultry industry. So far, a couple hundred workers were laid off in two processing plants, accounting for the unemployment benefit requests that have come in.

However, farm workers have remained busy euthanizing and cleaning barns. And in recent days, some of the farmers whose flocks were first hit by the flu are beginning to put birds back in their poultry barns.

Caligiuri, with more than 30 years in the department, said he does not recall another unemployment benefit extension for agriculture workers, although extensions have been granted in the airline, mining and wood products industries.

—-

Bird flu update

— The latest case of bird flu was reported June 5

— More than 9 million Minnesota turkeys and chickens have died due to the flu this year

— More than 47 million turkeys and chickens have died in the United States this year

— 220 farms have been affected across the United States, nearly half in Minnesota

— The first Minnesota farms affected in March have euthanized birds, cleaned up and are putting new birds in their barns

 

Political chatter: Negotiations take a different path

This year’s negotiations to end the Minnesota legislative session could be called different, unusual, strange or, even, weird.

Of course, one difference — although far from unique — is they did not produce a budget before the May 18 constitutional end of the session. That aside, the process was, er, uncommon.

One example is that fewer leaders than normal were taking a direct part in talks.

As the regular session neared an end, Senate Majority Leader Tom Bakk, D-Cook, and House Speaker Kurt Daudt, R-Crown, excused themselves from a meeting with Democratic Gov. Mark Dayton and went into one of the governor’s residence rooms to negotiate their own deal.

The pair handed it to the governor, then went out to brief waiting media on the “deal,” not really saying that Dayton had not approved it.

As the Legislature tried to wrap up its work late May 18, negotiations continued into the last few minutes. But they failed, and Dayton vetoed three of eight state funding bills.

The big dispute was about education, in particular whether to fund Dayton’s top priority of sending all 4 year olds to school.

After the regular session, Dayton and Daudt became the chief negotiators. Bakk said his caucus could accept whatever the governor negotiated, although the senator and governor remained in close contact.

Dayton eventually gave up on his pre-kindergarten plan, in the name of wrapping up the budget. He promised to continue the debate in the remaining three years of his term.

Once the education debate ended, attention turned to a provision Dayton said was a must-do in special session: overturn part of a law he just signed into law that allows counties to hire private accountants to check their finances instead of using the state auditor.

Dayton, a former auditor, said that he would not call a special session without promises that lawmakers would overturn the clause.

But he eventually gave in on that, too, saying that it was more important to finish work on time than to press the auditor issue.

With that seemingly last disputed item out of the way, more disputes arose. They had to do with jobs, environment and energy legislation and in the end they appeared to be settled with little to-do.

The one thing Dayton would not give up on was his insistance that each of the Legislature’s four political caucuses promise that in a special session they would pass the remaining bills as negotiated, without changes. That is a common demand of governors who call special sessions, but then lose control over what lawmakers can do once they convene.

With Dayton insisting each of the four legislative leaders sign a promise that bills would not change, he ran into yet another snag. This time it was Senate Democrats, many of whom appeared to be distancing themselves from the environmental provisions they did not think were strong enough, threatening one of the budget bills.

Dayton finally decided the bills would pass, and he signed a document calling a special session hours before it started.

Move looks bad

Dayton said there is nothing illegal about an official in his administration leaving for a job with a medical marijuana company, but it does not look good.

Assistant Health Commissioner Manny Munson-Regala announced he is resigning from a position that included helping design the Minnesota medical marijuana program. In early July, he goes to work for Cottage Grove-based LeafLine Labs.

New IP leader

Minnesota Independence Party members have elected Mark Meyer of Lake Crystal state chairman.

He succeeds Mark Jenkins, who says he will remain active in the party.

Meyer has been involved in the party for years,

“We are the party serving the political needs of centrists, moderates and independents,” Meyer said. “We are the party of reform, small business and the working middle class. Working together we will move back to major party status and beyond.”

Phil Fuehrer of St. Paul was elected state party director.

Wolf delisting attempted

A U.S. House appropriations subcommittee is considering a provision to remove gray wolves from the endangered list, and forbidding courts from reviewing the decision.

A court ordered the wolves in Wyoming and the Great Lakes area to be protected. U.S. Rep. Betty McCollum, D-Minn., wants wolves to continue to be protected.

“This rider is a tremendous overreach that would interfere in the federal listing of endangered species,” McCollum said. “Our committee’s role is to appropriate the necessary funds to allow the expert staff of scientists and professionals to do their jobs working to protect endangered species. This bill should not be mandating which species do or do not require protection.”

She also said that the courts should be allowed to do their work.

Franken: Save mail

U.S. Sen. Al Franken tells the head of the U.S. Postal Service that northeastern Minnesota mail service has deteriorated since a Duluth mail processing facility closed.

In a letter to Postmaster General Megan J. Brennan, the Minnesota Democrat asked her to fix service problems. He said the problems hurt residents, businesses and communities across the region.

“People and businesses from Grand Rapids to Grand Portage rely on the postal service to get their mail — including notes from loved ones, checks, medicine, and newspapers — in a timely fashion,” Franken said. “Mail that used to take a day or two to arrive now takes at least three to five days, and that is simply unacceptable.”

Greater Minnesota issues on table at session end

The 2015 Minnesota Legislature convened at noon Jan. 6 with a $1 billion surplus and a greater Minnesota focus.

It ended Saturday morning (the House adjourned at 1:30 a.m., followed by the Senate at 1:56 a.m.) amid disputes, more than $800 million left unspent (after the surplus grew to $1.9 billion) and debating greater Minnesota-centric legislation.

In between, Democrats and Republicans alike failed in their priorities of a big-time boost in transportation funding. Republicans failed to lower taxes $2 billion. Democratic Gov. Mark Dayton failed to get universal school for 4 year olds.

In the end, the Legislature passed a $42 billion, two-year budget, the level Dayton sought early in the year.

The governor signed the budget bills Saturday morning.

In a news conference Dayton said, “Last fall, Minnesota voters chose divided political leadership for our state. This legislative session ended in that same way: with legislators sharply divided over key issues, like the optimal amounts of taxes and expenditures, social services, and transportation improvements.

“Nevertheless, legislators achieved significant progress in providing better care and education for our youngest and most vulnerable citizens: children, who were previously considered too young for structured elementary education. Minnesotans at the other end of life will also benefit from increased funding for nursing homes, personal care attendants, and other supportive services.”

The governor added that another positive result is that the remaining surplus, combined with the budgeted reserve and cash flow account, has left the state with a positive balance of almost $2.5 billion.

“It stands in welcome contrast to the financial uncertainties of recent years,” Dayton said.

It was greater Minnesota issues that were deeply embedded in the final major debate of the special session, what to do with agriculture and environment funding issues.

There was little disagreement about agriculture spending, other than some Democrats saying that farm funding should have passed earlier so avian flu-related programs could be funded when poultry flocks were being hit hardest.

“When this bill becomes law, Minnesota will be able to continue to protect and preserve its food supply, make needed investments in research and have the funds necessary to respond to the avian flu outbreak.” said Rep. Rod Hamilton, R-Mountain Lake, who leads the House Agriculture Finance Committee.

The environmental issues, also mostly involving greater Minnesota, were hotly debated.

“This is a responsible bill that meets the needs of our state agencies such as the Department of Natural Resources and the Minnesota Board of Water and Soil Resources,” said Rep. Denny McNamara, R-Hastings, House environment chairman. “The bill also includes a number of policy reforms and initiatives that have bipartisan support.”

One provision in the wide-ranging bill disbands the Citizens’ Board, a Minnesota Pollution Control Agency entity that makes pollution-related rulings.

A second part of the bill would ease regulations on proposed copper and nickel mines in the northeast by not requiring them to follow solid waste rules.

The two environmental issues delayed the end of the special session for hours. Senators removed them from the bill at one point, something many lawmakers said was a violation of rules Dayton and legislative leaders signed, promising to not support amendments during the special session.

House members quickly rejected the Senate changes, sending the bill back for a post-midnight Senate vote.

On the mining provision, Sen. Chris Eaton, D-Brooklyn Park, said she wanted the stricter law and said she does not oppose mining. “I oppose doing it when it pollutes the rest of our state.”

Bill sponsor Sen. David Tomassoni, D-Chisholm, jumped up to protest: “The comment that it pollutes the rest of the state is an outrageous comment.”

Sen. Bill Weber, R-Luverne, said provisions in the environment bill help small, rural cities like Luverne, where he was mayor.

A part of the bill gives a break to small towns and counties in pollution rules. He said that even small cities can spend millions of dollars on sewage treatment, and in the end make only small improvements in water quality.

The House vote for the bill was 78-47 and in the Senate early Saturday it was 38-29, with Republicans carrying the weight in both chambers. The Senate took several votes on the bill and amendments before passing the same version as did the House.

Among provisions in the ag-environment bill are:

— Nearly $23 million for the avian flu outbreak.

— New grant program for cities with populations less than 45,000 in greater Minnesota to promote recycling.

— Repeal aquatic invasive species trailer decal law, and replacing it with a requirement that boat owners sign an affirmation stating they will abide by invasive species laws.

Another bill greater Minnesota watched is one funding public works projects, the last big bill up in the special session early Saturday.

House members voted 96-25 for the bill, with senators approving it 48-18.

The bill, funded by the state selling bonds, will spend $373 million, with $180 million of the bonds repaid by general tax revenue.

Projects in the bill include rerouting U.S. 53 in northeastern Minnesota to make way for a taconite mine expansion, local road and bridge work, flood prevention and recovery efforts, state Capitol renovation work, southwest Minnesota water supply work, college improvements and poultry testing facilities.

Railroad crossings also were funded, although not at the amount Democrats wanted: $3.8 million for a Willmar railroad crossing, $4.7 million for one in Plymouth and $460,000 for a third at Rainy River.

 

Lawmakers finish budget

Minnesota Senate Majority Leader Tom Bakk, D-Cook, wipes his brow as the Senate meets in special session in the State Office Building Friday, June 12, 2015. (Pioneer Press photo by Jean Pieri)

Minnesota Senate Majority Leader Tom Bakk, D-Cook, wipes his brow as the Senate meets in special session in the State Office Building Friday, June 12, 2015. (Pioneer Press photo by Jean Pieri)

Minnesota legislative leaders succeeded early Saturday to pass the final piece of the state budget.

The central issue was a controversial agriculture and environment finance bill that environmentalists said was too weak. After senators voted to change the bill, the Republican-controlled House restored the measure to its original form, sending it back to the Senate.

The Senate took three votes on the $780 million legislation before accepting the original bill. It eliminates the Minnesota Pollution Control Agency Citizens’ Board, which makes pollution-related decisions. The bill also exempts copper and nickel mining from solid waste rules.

Senate Democrats disagreed with the board and mining provisions, but the Republican-controlled House voted 78-47 in support of the original bill.

After efforts to amend it to be what some senators thought would be more environmental friendly, the Senate passed it 38-29 early Saturday. That was nine hours after the same bill received just 33 votes, one short of the number needed to pass.

Republicans and bill author Sen. David Tomassoni, D-Chisholm, were not happy the bill was changed after legislative leaders and the governor signed an agreement not to support amendments.

“I am disappointed in these proceedings,” Tomassoni said.

Sen. Torrey Westrom, R-Elbow Lake, complained about “shenanigans” that led to the amendment. “I planned to come here to honor a deal.”

Lawmakers had relatively easy jobs approving two other bills needed for the state’s $42 billion budget, funding education and jobs and energy programs.

The special session was needed after Gov. Mark Dayton vetoed three of eight budget bills, with the education veto leaving a $17 billion hole in the budget.

Some of the most liberal Senate members said the agriculture-environment legislation would weaken environmental protections.

Sen. John Marty, D-Roseville, urged senators to vote to return the ag-environment legislation to negotiators.

It is time to pass the legislation, Sen. Kent Eken, D-Twin Valley, said.

“Everybody has things they want to fight for,” Eken said. “There is a time for compromise and that time has come.”

As an example of his willingness to compromise, Eken said that he would vote for the measure even though it did not contain a provision he wanted to allow Red River Valley communities’ sewage treatment plants to meet lower pollution standards as long as North Dakota maintains lower standards.

The bill “is the best that we can do,” Eken added.

The bill and others include more than $20 million to help farmers whose poultry flocks have been infected by avian flu, including state response, mental health aid to farmers and low-interest loans to those affected.

Perhaps the most politically important part of the bill is the impact failure to pass it would have had on state parks.

Dayton said his administration would quit taking state park camping reservations Monday if the bill did not pass. State parks and other Department of Natural Resources, Agriculture Department and other facilities would close on July 1 if there were no budget.

The failure of the bill “is not something that is going to be easy to negotiate,” Tomassoni said. “I feel that if we don’t pass this today we are in an imminent position of laying off state employees.”

One of the major complaints of Marty and other liberals was elimination of the Citizens’ Board, which makes many pollution-related decisions.

The bill also includes a Dayton provision to require crops be at least 16.5 feet away from public water. The governor pushed the buffer legislation, and compromised down from requiring 50 feet of vegetation buffers around all water.

Early Saturday, lawmakers approved spending far less than the governor wanted on public works projects around the state in a year that House Republicans say they did not need such legislation.

The House passed the bonding bill 96-25 and the Senate 48-18.

The public works bill would spend $373 million, $180 million of which would be financed by bonds to be repaid from general tax revenues. Other bonds would be paid by other funds, such as from gasoline tax.