Iron Range lung cancer study sparks fiery Capitol debate

It's a miners health study all lawmakers seem to want. They just can't agree on how to pay for it. And that disagreement boiled over into a fiery debate on the floor of the Minnesota House Thursday.

Representative Tom Rukavina, of Virginia Democrat, urged his colleagues to okay a University of Minnesota study on asbestos-related lung cancer deaths in former taconite miners on the Iron Range.

"A lot of my friends have worked in the mines for 30 years," Rukavina argued, "This study will not help them. If they have been exposed to asbestos-like fibers then they will have to suffer the consequences."

"But the study will look at ways that maybe can ease their pain and ways that we can stop the young people who are now being hired in huge numbers on the range from getting this disease."

The U would be asked to do a three-phase study, beginning with 70,000 former taconite miners, to track the incidence of asbestos-related lung disease known as mesothelioma and other cancers. So far the Department of Health is aware of 58 such deaths among former miners, but hasn't been able to conduct an extensive study pinpointing the source of their exposures.

Republican Morrie Lanning of Moorhead agreed on the need for answers, but not on the funding source Rukavina's bill envisions. The money would come from a special workers compensation fund.

"We need to fund this study," Lanning said, "We need to find a better way to fund it."

Lanning said he worried that particular fund is already stretched, and moreso as a result of legislation already passed this session.

"This 4.9 is on top of the 14 million we've already taken out of that fund last week."

Rukavina argued that there's a $42 million surplus in the fund, above the $90 million required to operate it. He also said the fund was raided during the 2003 budget crisis to help the state balance the books.

"If you could use $265 million to balance the budget so Governor Pawlenty could keep a no-new tax pledge," Rukavina asked, "Can't we spend $4.9 million to find out why people are dying? After 30 years of them being exposed?"

He also pointed out the workers comp money is used to pay for more than half the employees of the Department of Labor and Industry, plus special financial fraud investigations at the Department of Commerce.

Letter from the Governor

But Governor Tim Pawlenty sent Rukavina a letter earlier in the day suggesting the money come instead from the Iron Range Resources and Rehabilitation Board, or IRRRB.

"I am very disappointed that you have been unable to work with me to find an acceptable funding source," Pawlenty wrote, "The bill in its current form will likely be vetoed."

The Governor recommened tapping into the IRRRB's Taconite Environmental Protection Fund because it has a balance of $2.7 million. He also noted the Taconite Economic Development Fund raises $12 million, normally available to mining companies to offset purchases of equipment.

Representative Denny McNamara, a Hastings Republican, attempted to amend Rukavina's bill to weave the Governor's changes into the mix. He suggested taking the money from workers compensation funds would raise premiums large employers pay into it.

McNamara argued some of them are public agencies that will pass the cost to taxpayers.

"Where does the city of Minneapolis get their money? Property taxes. So we're going to have a property tax increase in Minneapolis because we got mesothelioma on the Iron Range," McNamara remarked.

"And maybe it's the taconite, and maybe it's the pipe wrappings, but it's in mines and we need to get an answer and that's where the money should be coming from."

Rukavina contradicted the notion that the Pawlenty administration had tried to work with him.

"This is the ultimate BS! And to come here with a letter today saying I'm disappointed you've been unable to work with me." He said he had one meeting with Health Commissioner Sanne Magnan which didn't go well.

"Commissioner Magnan came to me and said we have a plan on how to pay for this and we want you to pay for it out of the IRRRB," recalled Rukavina.

"I said commissioner that's a non-starter. Come back. She never did. Then this morning at 10:30 Commissioner Sviggum came to me, on the day it's on the floor."

Raw nerves exposed

It has been an especially emotional issue for Iron Range lawmakers for years, but intensified last summer when they learned the Minnesota Health Department concealed updated stats on mesothelioma deaths in former miners.

The health commissioner at the time, Diane Mandernach, eventually resigned after apologizing to lawmakers and to residents of northeastern Minnesota.

"It's sad," Rukavina asserted, "Given the fact of this case in June, that a commissioner of health hid these deaths for a year and a half it's sad we even have to talk about this funding source today!"

The bill passed by a tally of 88 to 45, but with the threat of a veto hanging over the measure the Iron Range delegation wasn't exactly jumping up and down. Majority Leader Tony Sertich, of Chisholm, called it a classic example of why people on the Range often feel short-changed in the Capital City.

"I get questions back home from people who say why do we get beat up sometimes at the Capitol? Why does it feel that we're different, that we can't have the same that everybody else does?"

Sertich said to assume the mining companies should finance the study, when the exact causes aren't yet known, isn't logical. To tap into the IRRRB's money would serve to penalize that region of the state for creating those programs.

"The people of the Iron Range, the people of Minnesota want answers," Sertich offered, "They don't want excuses. They don't want to say take it from this fund or that fund. They want answers."

By John Croman, KARE 11 News

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