Heritage Council issues flow from confusing law

A Star Tribune story last week carried complaints by Rep. Rick Hansen, DFL-South St. Paul, that fellow members of the 12-person Lessard-Sams Outdoor Heritage Council -- which recommends spending of fish, game and wildlife money from the Legacy Amendment -- want him removed from the panel because he has opposed some of their habitat and other suggestions. The narrative Q&A that follows deals with the issue's complexities.

Q Are some council members in fact trying to kick Hansen off the panel?

A No council member -- eight are citizens, the others, legislators -- can remove another member.

Q So is Hansen on the way out, or not? If so, how could he be? He's in the middle of a four-year term. How about other members?

A Hansen might lose his seat, and former Sen. Lisa Fobbe, DFL-Zimmerman, could be gone, also. The problem is the law establishing terms and membership of the council was poorly written.

Q How so?

A Consider Hansen's council spot. As the law is written, one House member of the council must be the chair of the Environment Finance Committee, or the chair's designee. That's how Hansen got on the council: He was the designee of former House Environment Finance Committee chairwoman Rep. Jean Wagenius, DFL-Minneapolis.

A That the law assigned a term of four years to the person holding that seat, as well as the similarly appointed Senate designee. Thus the conflict: After November's election, Republicans hold House and Senate majorities, not DFLers, and the law says their chairmen (or designees) get those seats. The law also says the Senate Majority Leader (now a Republican) and House Speaker (ditto) get to appoint the two minority representatives on the council. Those seats are now held by Sen. Bill Ingebritson, R-Alexandria, and Rep. Bob Gunther, R-Fairmont, who now are in the majority. Ingebritson is the new chairman of the Senate Environment Finance Committee, so he'll stay on the council. For Gunther to stay -- even though he's midterm in a four-year term, also -- Rep. Denny McNamara, R-Hastings, would have to designate him, because he's the new chairman of the House Environment Finance Committee.

Q But doesn't McNamara intend to sit on the council?

A He's said so.

Q And Fobee?

A She was not re-elected, so hers is another confusing case. The law presumes the legislative members are current members of the Legislature. But again, Fobee was serving a "four-year" term, so there's conflict there as well.