LWVMN Capitol Letter™

Gwen Myers, Action Committee Chair, (952) 545-8696

Once again the Legislature and the Governor failed to bring the 2005 Legislative Session to a timely conclusion by midnight, May 23, so the Governor called for a special session to begin at 12:01 a.m. on May 24.  Here is some information to keep in mind as you follow the permutations of the legislative process over the coming weeks.

A special session is a brand-new ball game.  There are no hold-over bills; all bills must be reintroduced for consideration.  This means, of course, that all those omnibus bills and conference committees no longer exist.  However, leadership has agreed that existing conference committees will reconvene as "working groups," and they have been instructed to continue their work.  The idea is that they will continue to work toward consensus, and once this has been achieved in a number of important areas, the Legislature will convene and bills will be introduced for passage in each body.

Two facts to note:

• No working group will be able to reach consensus until the Governor and leadership in each house can agree on funding targets for each of the finance committees.
• Unlike Conference Committee Reports, when these "new" bills are introduced in the special session, they may be amended--leading to further conference committees.  Under these circumstances, how leadership decides to handle many touchy issues will indeed be fascinating to watch.

As a harbinger of future agreement, we should also note that the Senate and House failed to reach a concurrent resolution on when to reconvene in 2006.  Majority Leader Rep. Erik Paulsen (R-42B-Eden Prairie) gave the opinion that because there was no agreed-upon date, there would be no "regular" session in 2006.  John Tuma, Minnesota Environmental Partnership (MEP) lobbyist, pointed to one possibility: If there is going to be a session, the Governor would have to call a special session or the Legislature would have to agree to adjourn this special session to a date certain in 2006.  Minority Leader Rep. Matt Entenza (DFL-64A-St. Paul) favors a session that would start the first Tuesday in January, but Speaker Rep. Steve Sviggum (R-28B-Kenyon) indicated that he did not think this was correct.  The Senate resolution states that the session will start on February 28, 2006, but Majority Leader Paulsen's motion upon adjournment of the regular session said that the House will reconvene in regular session on March 8, 2006.  Please do not place any bets on future agreement in the Legislature.

Thanks to John Tuma, MEP, for a civics lesson and specific information on the workings of this Legislative session.

Nancy Witta, lobbyist, (612) 928-7007

The regular session has ended with no resolution on the basic questions of the 2006-07 budget and the revenues required to fund it.  Although a special session is already in progress, signs of progress in resolving the differing solutions to the impasse are not evident.  The Governor offered to accept a 75 cent increase in cigarette taxes, but that has received little support in either the House or Senate.

Both sides do agree that more funding for K-12 education is paramount, but the Senate so far holds fast to an increase in income tax for top earners while the House clings to fund shifts, increased property taxes, and fees.  The House Tax Bill also includes the Taxpayers Bill of Rights provision which would allow property owners to initiate a referendum on the municipal and county portions of their tax bills.

It is quite possible that all this may drag on until a partial shutdown of state government is required on July 1.

Meanwhile, the legislature has passed the Higher Education Finance Bill, the State Government Finance Bill, and the Bonding Bill for the current biennium.  A transportation funding bill was also passed, but it was vetoed by the governor because it included a 10 cent a gallon gas tax.  The big three:  K-12 Education, Health and Human Services and Transportation are all at stake in the standoff.

Kay Kessel, lobbyist, (612) 926-1387
Kim Kang, intern lobbyist

Prior to the end of session, both the House and Senate passed their Education K-12 Omnibus bills and they appointed their Conference Committee members to negotiate the differences between the bills.

Work was progressing.  On Wednesday, May 17, the E-12 Education Conference Committee met several hours with Sen. LeRoy Stumpf (DFL-1-Thief River Falls) leading the meeting.  Rep. Barb Sykora (R-33B-Excelsior) was to call the next meeting, but she did not because there had been no budget agreement among Gov. Tim Pawlenty, Speaker of the House Rep. Steve Sviggum (R-28B-Kenyon), and Senate Majority Leader Sen. Dean Johnson (DFL-13-Willmar).  There was much talk at the Capitol about targets and specified amounts of money the Conference Committee members can work within their negotiations.  The Governor sets the targets, but there was nothing agreed upon by May 23, the end of the session.

This has been a long and excruciating process where the lobbyists hear the original committees negotiate for their Omnibus Bills.  Both Sen. Stumpf and Rep. Sykora have shown great leadership on their committees, but the budget imbroglio foreclosed an opportunity to agree on a bill prior to adjournment.

Educational organizations testified consistently to keep most of the money on the general education formula, increase early childhood and special education funding.  They were generally supportive of the Alternative Compensation Plan or QComp.

Special Session News

Budget problems continue.  According to Mary Cecconi of Parents United for Public Schools, the "House and the Governor's proposals still rely on increasing local property taxes, tax shifts, late payments to schools, possible casino money and taking dollars from Health and Human Services.  The Senate proposal follows the intent of the 2001 legislation requiring that schools be funded with state aid.

"The Senate proposal calls for an increase in state tax.  The House proposal calls for increased local property taxes and the Governor's proposal calls for a cigarette fee.  But don't get caught in the 'tax-no tax debate'-the truth is that all require tax increases-it is simply a matter of which tax."

Members of the E-12 Education "Working Group," - formerly known as a Conference Committee - met Thursday, May 26, to review the various proposals for education funding for the next biennium.  The panel, led by Sen. Steve Kelley (DFL-44-Hopkins) and Rep. Sykora, heard from department officials on the Governor's latest proposal.  The Governor's most recent offer includes more funding than his previous offer and several policy provisions, including a possible ban on teacher strikes during the school year.

At this writing, the Governor, the House Speaker, and the Senate Majority Leader have been meeting all week, trying to hammer out the global agreement on targets, i.e., how much each area of the budget gets.  Until that task is completed, none of the Working Groups can continue.  When it is done, the groups formerly known as conference committees but now known as working groups can continue their labor and spend within the targets they are given.

The following charts from the Association of Metropolitan School Districts show a comparison of the proposals being considered.

Please feel free to contact your legislators and members of the Working Group to express your concerns.

E-12 Education Working Group

Thanks to the Association of Metropolitan School Districts and to Mary Cecconi of Parents United for Public Schools for much of this information.

Fran Hesch, lobbyist, (952) 936-0205

Advocates for Early Childhood Care and Education are scratching their heads wondering why Early Childhood Family Education (ECFE) and Head Start are currently faring pretty well this session in both Houses while Child Care may suffer great blows due to little support in the House of Representatives.

Both Houses have provided for stable or increased funding for ECFE and Head Start, but the House of Representatives has treated Child Care in an almost punitive way, not only freezing reimbursement rate increases, but stripping millions of dollars in dedicated Child Care funds to help balance the budget.

Why the disparity? After all, these three groups have a large consumer base of parents.  All three deal with, at least in part, children ages 0-5 and their families.  All are programs and/or services that, when delivered with quality and consistency, are vital to our children's readiness for school.  So, why are ECFE and Head Start experiencing a resurgence of legislative support while Child Care is being starved of funding?

Some may say that it is because influential individuals in the business community have recently become involved in the Early Childhood issue.  And that certainly helps the field of childcare as a whole, but it does not explain the disparity within the field.  No, the answer is much more embedded, much more organic than the highly reported advocacy of Corporate Minnesota.

It's the parents involved in these three distinct areas.  As a parent activist for the past 20 years, I know this more surely than I know my own name.  It's not just the number of parents, as families involved in Child Care probably outnumber those involved in Family Education programs, but rather it's the collective voice those parents possess and share with their decision-makers.

Unfortunately, parents involved in Child Care issues do not connect with each other, do not share their common needs and concerns, do not develop a passion for action, and are not informed of the leadership and advocacy options made available to their peers involved in programs that convene and involve parents, like ECFE and Head Start.  When was the last time dozens of parent groups hosted assemblies of legislators to spend a morning at their Child Care facilities as they did for ECFE sites?  These events are NOT organized by the program staff; they are initiated and organized by the parents.

But don't believe me, believe Harvard Professor Robert Putnam, author of Bowling Alone:  The Collapse and Revival of the American Community and Better Together:  Restoring the American Community.  In his speech at Westminster Forum in May he cited research that proves social connections lead to better outcomes for individuals and their communities.  The academic term for this is "social capital."  Mr. Putman states that "even in impoverished communities, the more people who know each other's first names, the lower the crime rate."  If something like that can be true, imagine what can happen when passionate parents get together, build relationships with their decision-makers, and make their voices heard in a respectful way.

Actually, we've already seen what can happen.

Mary Lou Hill, lobbyist, (612) 374-4218

Health Care Workers

The Seniors and Workers Coalition is monitoring the daily meetings and non-meetings of the Special Session.

At this time there are no breakthroughs on the big budget items.  Sen. Linda Berglin (DFL-61-Minneapolis) held a hearing of the Senate Health and Human Services Budget Division to "air" the Governor's tax/fee proposal and to underline the wide range of human needs that a limited revenue source cannot satisfy.  Among those giving testimony were AARP, Service Union Workers, and MN Nurses Association.

Two "working group" meetings of the regular session conferees are already scheduled to continue work on the Health and Human Services bill, formerly known as HF1422.  Rep. Fran Bradley (R-29B-Rochester) chaired the first meeting immediately after the House session on May 26.  Senator Berglin will chair the Tuesday, May 31 meeting.

To recap the strengths of the Senate version of the Health and Human Services spending plans:

• The Senate bill targets the money to staff, rather than administration and central office staff.
• The Senate bill requires workers to have greater input and information about providers' plans for spending the new money.
• The Senate bill requires the new money to be used for new raises, benefits or staffing, not to reimburse providers for staff expenses incurred since July 2003.

The Senate bill requires Minnesota Department of Human Services oversight of the spending plan.

The Conference Committee on Health and Human Services met three times, but they are at a standstill until the Governor, House and Senate leadership can agree on a budget target for each of the remaining Conference Committees.  The Governor's latest offer includes a 75 cent "fee" per pack of cigarettes that would yield $380 million, of which $100 million would go to Health and Human Services.  The House leadership supports this plan.  The offer, however, is contingent upon the Senate adopting two of four of the Governor's priorities:  Initiative/Referendum; School Choice; Teacher Strikes Prohibited During School Years; and Casino/Racino.  The Senate will not easily support any one of these, so budget negotiations are apt to continue for some time.

Universal Health Care

The Minnesota Universal Health Care Coalition (MUHCC) opposes Governor Pawlenty's plan to remove 41,000 adults from MinnesotaCare.  Instead, the MUHCC has been working on legislation to remove Health Maintenance Organizations (HMOs) from administering the state's health programs, as one of the "stepping stones" to universal health care.

Removing the HMOs and having the Department of Human Services (DHS) administer the state's programs would save upwards of 20% on administrative costs.  The savings could go toward universal coverage.  Removing HMOs will save money for three reasons, according to MUHCC's health system analyst Kip Sullivan:

1. HMOs must spend nearly 20 percent on administration, marketing, supervising doctors, lobbying, high management salaries, surpluses, and taxes.
2. HMO management may have driven up DHS's own administrative costs; Medicaid programs administered by the state in the 1990s spent only 4 to 5 percent on administration.
3. Providers probably have higher administrative costs in dealing with the HMOs in the state's programs than they would by dealing directly with the state.

The Coalition was able to get a Prescription Drug Volume Purchasing Bill (SF22, HF839) introduced with bi-partisan support this session.  This bill consolidates the state's drug purchasing programs and uses the increased bargaining power to negotiate affordable drug prices for all Minnesotans.

Pauline Nixon, lobbyist, (612) 872-0946

As this goes to press, a Special Session of the Legislature is under way.  LWVMN is waiting to hear the outcome of a number of issues, including whether or not thousands of single adults without children will lose their MinnesotaCare coverage (health insurance).  The Governor has recommended these cuts to help balance the budget.  The House of Representatives has voted to go along with him.  The Senate disagrees.

Extended Employment for Persons with Serious Mental Illness (EE-SMI) is a second issue of concern.  The Senate has found monies to increase funding for this program.  Sen. Michael Jungbauer (R-48-East Bethel), commenting on testimony given before the Senate Environment, Agriculture and Economic Development Budget Division, said this program (EE-SMI) must be made a priority.  We must await the decision of the House/Senate Conference Committee to learn the fate of this valuable program.  Since we now understand that work is an important part of recovery from a mental illness, more mental health consumers are being encouraged to work.

We know that the Bridges housing program (which serves as a transition for people with mental illness waiting to get on the federal Section 8 housing program) will not have an increase in funding.  And, it will not be cut further.  The Governor proposed funding it at the same level as the last biennium.  Sen. Scott Dibble (DFL-60-Minneapolis) worked hard to get additional monies for Bridges, as well as the EE-SMI program, but the DFL Caucus did not agree to find monies for Bridges.

Anne Salisbury, lobbyist, (651) 430-1091

The Positive Alternatives Act has been passed and signed by Governor Pawlenty.

From the Star Tribune for May 24, 2005:

Senate conferees were able to amend the bill to include privacy provisions and to require medically accurate information.  Granting guidelines were expanded to include organizations like Lutheran Social Services, which do not take a stand on abortion.  Otherwise, the bill favors a one-sided agenda that does not provide women with all the options open to them, nor does it consider extenuating circumstances that might exist for women and their families.  The $2.5 million is for one year.  There is another $2.5 million for a second year.

Now that Governor Pawlenty has called a Special Session, other legislative business continues.

On Thursday, May 26, the Health and Human Services Working Group, chaired by Rep. Fran Bradley (R-29B-Rochester) and Sen. Linda Berglin (DFL-61-Minneapolis) met for the first time to consider items in the Omnibus Health and Human Services Appropriations bill.  Of concern is the fact that the House Health Omnibus bill (HF1422) includes the elimination of Family Planning Special Projects funding and language that would prohibit state funding for HIV prevention to the MN AIDS Project.  Potential cuts to MinnesotaCare, Minnesota's premier health care program for low-income people, could jeopardize not just the health care for this vulnerable segment of our society, but also their access to family planning services and testing and treatment for sexually transmitted diseases.  Certainly funding from the Positive Alternatives Act to crisis pregnancy centers does not make up for this lack.

On Thursday, May 26, members of the K-12 Education Working Group, led by Sen. Steve Kelley (DFL-44-Hopkins) and Rep. Barb Sykora (R-33B-Excelsior), met to address funding and policy issues for Minnesota schools.  Perhaps comprehensive family life and sex education for young people, as passed in the Senate's Education Omnibus Bill, can be included here.  It should be noted that Sen. Betsy Wergin (R-16-Princeton) tried to amend the Senate bill with an 'opt-in' requirement for students to participate in such classes.  Sen. Kelley pointed out that an 'opt-out' provision was already in the bill, that parents and guardians were free to inspect all materials, and that the administrative expenses to handle an 'opt-in' provision were unnecessary.

The issue of pharmacies and their claimed right to refuse to fill prescriptions for women's contraceptive needs remains of great concern.  The Minnesota Women's Press (March 23, 2005) calls this "the new battleground in the war for reproductive rights." It points out that "groups who oppose contraception believe life begins when an egg is fertilized."  Alas, similar language is included in the Positive Alternatives Act which is now Minnesota law: "'unborn child' means an individual organism of the species Homo sapiens from fertilization until birth."  Please note the words "believe" and "mean" used to determine a perceived reality.  So the groundwork is set against scientific accuracy by an ideology and a mind-set that seeks to impose this ideology on others.

Lynne Westphal, lobbyist, (952) 941-8493
Mary Lewis Grow, lobbyist, (507) 645-5378

State Legislative Update:

Federal Legislative Update:

Allene Moesler, lobbyist, (507) 263-0726

Natural resources will once again take major financial hits in the 2005 session.  As the regular session ended, funding recommendations from the Governor and in the Senate and House are all below expectations, down to 1% of the budget or less, from 2% several years ago.  The only really good news on funding for natural resources was passage of the bonding bill and even that was ten months late!

Regarding the effort to gain control of discarded electronics containing heavy metals and other pollutants, the Senate passed SF1298, Sen. Linda Higgins (DFL-58-Minneapolis), that sets up the framework for the recycling of waste electronics such as household televisions, computer monitors, desktop computers and keyboards.  Under the bill, manufacturers of these products are to make sure they are transported and recycled from consolidation points located around the state.  (A state law, passed in 2003 and taking effect on July 1, 2005, will ban cathode ray tubes from the state's solid waste facilities.)

Unfortunately, the House gutted the intention of the bill's companion, HF1391, Rep. Ray Cox (R-25B-Northfield), by extending the date on the cathode ray tube ban.  Given the proliferation of electronic devices with obsolescence a certainty, the Senate bill should be supported and extension of the ban eliminated.  Sen. Higgins and Rep. Cox are to be commended for their work to address a very serious pollution problem.  One can hope that the conference committee will do the right thing for Minnesota and adopt the Senate legislation.

The Clean Water Legacy Act (CWLA) passed the Senate with money coming from the general fund.  It retains the desired policy, but allows only about half of what is needed for implementation.  The House version is still in the Tax Committee.  At this time, the House would have funding coming from a "property tax fee" with the alternative of offering a constitutional amendment that would provide a 1/8 of 1% increase in sales tax for funding the CWLA.  Passage of the Clean Water Legacy Act with appropriate funding would go a long way toward restoring confidence in the Legislature's ability to protect Minnesota's signature waters!

Allene Moesler, lobbyist, (507) 263-0726

By the end of the session, the House Agriculture Finance bill was passed that included only one of several needed improvements to feedlot zoning rules-requiring notification to townships when feedlot permits are applied for.  The Senate version passed with the major improvement supported by LWVMN intact; a majority of township or county elected officials may require an economic impact statement on proposed feedlot zoning ordinances.  The House version states that the study must be done if requested by only one elected official.  Also, economic and social impacts are deleted from study options in the House bill.

Sen. Gary Kubly (DFL-20-Granite Falls) has a compromise amendment to offer in conference committee which provides for better public notice on feedlot applications by municipalities, restores majority rule regarding economic impact statements, and restores the provision allowing for similar studies on social and environmental impacts.  His amendment retains financing in the Minnesota Department of Agriculture for educating township officers about feedlot issues.  LWVMN asks that legislators not impede townships and counties from enacting feedlot zoning ordinances that reflect local environmental, social, and economic conditions.

Gwen Myers, Action Committee Chair, (952) 545-8696

Off-Highway Vehicle (OHV) news since the last report in this space has been dominated by two stories, the All-Terrain Vehicle Association of Minnesota (ATVAM) convention near Hill City and the appointment of the Agriculture, Environment and Economic Development (Hogs, Bogs and Jobs) Conference Committee, now "Working Group."

The ATVAM convention generated headlines on two counts.  First, Gov. Tim Pawlenty, throwing caution to the winds, mounted the $7000 ATV that Polaris had provided him and went speeding along a trail, hit a stump and was thrown from the machine.  While the Governor was not damaged, the ATV hit a tree and sustained $2500 in damages.  Polaris is taking care of repairs.  Second was the destruction of miles of waterlogged trail along the Mississippi River by ATVAM members out for a ride.  One would have thought that the condition of the trail would have been recognized by these conscientious stewards of the environment, but they missed it.  ATVAM has apologized and promised to restore the area at their expense.  Having seen pictures of the destruction, I wonder if this is possible.

The Senate conferees on the Off-Highway Vehicle (OHV) legislation were a particular concern, since we knew the House members would be a serious problem.  The House language allows off-highway vehicles to run roughshod through 74% of state forest lands, limits funding to restore lands destroyed by such vehicles, permits ATVs on the North Shore State Trail, and provides $400,000 in the biennium to OHV organizations such at ATVAM to educate their members and police their activities.  (See above to understand why this is a bad idea.)

Serious efforts were made to persuade Majority Leader Sen. Dean Johnson (DFL-13-Willmar) to appoint at least three solid environmental senators to the conference committee.  When conference committees vote on bill provisions, each house votes as a block.  There are five members from each house.  Three strong environmentalists on the Senate side of the table would prevent agreement on the offensive language noted above.

The Senate conferees that were selected are Sen. Tom Bakk (DFL-6-Cook), Sen. Dallas Sams (DFL-11-Staples), Sen. Gary Kubly (DFL-20-Granite Falls), Sen. Ellen Anderson (DFL-66-St. Paul) and Sen. Dennis Frederickson (R-21-New Ulm).  We believe that we can count on Senators Anderson and Frederickson, and Sen. Kubly is usually seen as a friend to the environmental community.  However, the northern DFL senators are putting pressure on leadership to accept some bad ATV provisions, especially exempting the state forests north of Highway 2 from the Department of Natural Resources forest reclassification procedure and leaving them open to the "go-anywhere" policy that now exists.

As expected, the House conferees are the chief proponents of ATVAM's legislative agenda:  Rep. Tom Hackbarth (R-48A-Cedar), Rep. Dennis Ozment (R-37B-Rosemount), Rep. Maxine Penas (R-01A-Badger), Rep. David Dill (DFL-06A-Crane Lake), and Rep. Bob Gunther (R-24A-Fairmont).

At this writing the leadership has developed a separate working group on ATVs to assist in the development of a compromise for the Hogs, Bogs and Jobs Working Group.  Sen. John Marty (DFL-54-Roseville), Sen. Tom Saxhaug (DFL-3-Grand Rapids), and Sen. Frederickson are joined on the ATV working group by Representatives Hackbarth, Penas and Dill.  This group is scheduled to meet on Tuesday, 5/31, as this issue goes to press.  The concern is that this group will be unable to come up with a consensus on some of the more controversial ATV issues.

If no consensus is developed, the issue is thrown back to the full Hogs, Bogs and Jobs Working Group, and here the politics get dicey.  Senate leadership may succumb to pressure from northern Democrats, who are claiming that sure defeat awaits them at the polls if they do not get their way.  (Northern House Republicans are making the same claim.).

And here the special circumstances of the special session come into play.  Legislators can force floor amendments to any environmental compromise the working group produces.  This opportunity to amend would not have existed with a conference committee report during the regular session.  It is unclear how this will affect the strategy of the leadership on this issue.

According to John Tuma, Minnesota Environmental Partnership (MEP) lobbyist, it appears that this special session will drag on for several weeks.  He expects the environment legislation to be settled as part of a global agreement on the major funding bills that are still outstanding.  At this point, not much else can be said.

Thanks to John Tuma, Minnesota Environmental Partnership, for information on strategy and procedure.

Julie Risser, lobbyist, (952) 927-7538

The Energy Omnibus Bill (SF1368 and HF1344) passed successfully through the Legislature and was presented to the Governor's office on May 21.  This legislation had strong backing from Minnesotans for an Energy-Efficient Economy as well as utility companies and the Governor.  The legislation contains revenue generating tools that will enable small, wind-power producers to develop small-scale wind energy.  We hope this will lead to meaningful development of Minnesota's renewable energy resources and a lessening dependence on outstate fossil fuels to generate electricity.

Among its provisions is a Community-Based Economic Development (CBED) tariff that will set favorable prices for community-owned wind projects.  However, the legislation does not require utilities to purchase electricity generated by small wind-power producers.  The legislation also gives the commissioner of the Department of Commerce the responsibility for preparing environmental impact statements for each proposed large electric generating plant or high voltage transmission line.  No other state environmental review documents are required.  This would appear to put environmentally sensitive areas at risk.

Proponents of renewable energy had hoped that SF1687/HF1798, the Renewable Energy Standard (RES) would pass and create pressure for utilities to increase the amount of energy produced from renewables.  Senate author Sen. Ellen Anderson (DFL-66-St. Paul) moved it through the Senate Jobs, Energy and Community Development Committee, but Rep. Torrey Westrom (R-11A-Elbow Lake) refused to give it a hearing in the House Regulated Industries Committee.  House author Rep. Aaron Peterson (DFL-20A-Madison) attempted to attach RES to HF1344 as an amendment; the amendment was defeated 78-54.  Westrom did say during the floor debate that he would be willing to hear the RES legislation next session.

Legislation that would allow single-occupants of high-efficiency hybrid vehicles to use high-occupancy-vehicle lanes has stalled.  The Senate bill (SF1536), Sen. Ann Rest (DFL-45-New Hope) passed through the Transportation Committee and had its second reading while the House bill (HF1243), Rep. Laura Brod (R-25A-New Prague) was referred to the Transportation Finance Committee back on April 6.

Finally, Rep. Frank Hornstein (DFL-60B-Minneapolis) attempted to revise 2003 legislation which permitted the Public Utilities Commission (PUC) to award $10 million from Xcel Energy's state-mandated Renewable Energy Fund to Excelsior Energy's proposed coal gasification plant.  On March 14 Hornstein's legislation was referred to the House Regulated Industries Committee - and there it remains.

In summary, some legislation may help Minnesota move toward greater energy independence.  However, more legislation appears to keep Minnesota dependent on coal for electricity needs (currently 75% of Minnesota's electricity comes from coal).  The PUC can still take funds from the Renewable Energy Fund and funnel them to coal technology, the Renewable Energy Standard was stalled for this session, and the commissioner of the Commerce Department will determine the environmental soundness of future transmission line creation.  Together, these three results of the 2005 session are disturbing.

Nancy Witta, lobbyist, (612) 928-7007

HF1481, the State Government Finance Bill, was approved by both houses of the Legislature in the waning minutes of the regular session.  A conference committee headed by Sen. Sheila Kiscaden (IP-30-Rochester) and Rep. Marty Seifert (R-21A-Marshall) should be thanked for their service in delivering a voter friendly bill in the election provisions contained in the legislation.

At the last minute the bill was endangered by a provision granting major party status to a party that fields 45 candidates for State Representative, 23 candidates for State Senate, 4 candidates for Congress and a candidate for each state constitutional office.  Citing the stringent requirements, the conference committee chairs were able to hold off a rejection of the bill.

Highlights of election law changes:

Very Good

• Tribal IDs are accepted for voter registration.
• Federal postcard registration are accepted.
• Provision is made for ongoing absentee registration with automatic mailing of absentee ballots.
• Electronic voting machines will include systems that provide each voter an opportunity to verify, change, or correct errors before the ballot is cast or counted, and that produce either a permanent paper record or paper ballot that is then cast by the voter and preserved as an official record for use in any recount.
• Employees of residential facilities (homeless shelters, battered women shelters, and facilities recognized by the Dept. of Health and Human Services) will be allowed to vouch for residents on election day registration in the precinct of the residence.
• Voters who fear for their safety may be allowed to keep their names off the registration lists that are available to the public.
• Election officials must wear identification badges showing their role in the election process.
• Challengers must be Minnesota residents, must complete a form when making a challenge that there is personal knowledge of the voter's ineligibility, must do so under oath and sign with name, address, and telephone number.
• No election official may be a challenger.
• Each polling place must have posters designed by the Office of Secretary of State to spell out voting rights, qualifications, procedures, and complaint resolutions.

All of these provisions were supported by the Voting Rights Coalition and are significant victories for voters in the state.

Not so Good

• The political party checkoff and contribution will no longer be free.  They will be deducted from tax refunds or added to tax bills This could foreshadow the ultimate demise of public subsidy for campaigns for state office.
• Vouching for same day registration residence will be limited to 15 persons per voucher.  On the good side this will not apply to residential employees who vouch for residents.

No omnibus election bills were heard in either the House or Senate.  Now that we are in special session we may see some efforts to rescind some of these very good provisions and the introduction of bills that would be antithetical to voters.  It's never over 'til it's over.

And the Governor has not yet signed this bill!

Judy Stuthman, lobbyist, (651) 644-8588

It took just about 24 hours for the hopes of the DREAM ACT supporters to be squashed.  The first indication of this possibility came when Gov. Tim Pawlenty brought Sen. Sandy Pappas (DFL-65-St. Paul) and Rep. Bud Nornes (R-10A-Fergus Falls), both from the conference committee, into his office and demanded the DREAM ACT (HF566/SF627) be removed from the Higher Education Omnibus bill.  He told them to remove it or he would veto the entire Higher Ed bill.  He did not explain why.

This bill had bipartisan support from legislators, both urban and rural.  And it had support from the high school students that would benefit from this Act and their friends, young people who had traveled to the Capitol to testify, showed their support at hearings, talked to the legislators and watched our state government in action.  On Monday, May 16, the prospects for passage looked good.  But the Governor's actions on Tuesday led to the withdrawal of the DREAM ACT on Wednesday, May 18.

The DREAM ACT would allow students who have attended a Minnesota high school for two or more years, graduated or achieved the equivalent, and been accepted into a state college or university to pay in-state tuition rates regardless of their immigration status.  These immigrant students came to America and to Minnesota as infants or children.  Coming was not their decision.  They came with their parents who were hired by Minnesota companies, parents who pay federal, state, and local taxes, including Social Security taxes (even though they will not be able to collect it later).  Our laws don't prevent these graduates from going to public college; they just require that they pay the higher out-state tuition rates, rates that are approximately double the in-state rates.  They could also go to private institutions, or they could join the military.

Basically, current laws force these high school graduates, most of whom are from families with low incomes, to pay higher tuition rates than their friends because of their undocumented status.  It doesn't matter that they may have lived in Minnesota for most of their lives.  Does the Governor purposefully want to deny 300 to 500 Minnesota high school graduates the opportunity to achieve higher education that could lead to a better future for them and more productive residents for our state?

Some opponents of the act argue that we should not allow undocumented students to attend our Minnesota state colleges and universities at a rate cheaper than American citizens from other states who may travel here to go to school.  Proponents fear we could develop a permanent underclass.  These students have lived in Minnesota for much of their lives; shouldn't we offer them the opportunity to achieve their dreams and at the same time help our communities to achieve a more educated workforce?

There is talk of the DREAM ACT being introduced as a stand alone bill during this special session of the Legislature, something that is possible because of the passionate support of many bipartisan legislators and because of the many phone calls they received from their constituents who want these kids, friends of their own kids, to be able to achieve their dreams.  Eight states, California, Texas, Washington, New York, Oklahoma, Illinois, Kansas and Utah have already passed similar legislation and eighteen more are considering it.

This is the fourth time this type of legislation has been introduced in Minnesota.  If it doesn't pass, it will undoubtedly be introduced next year.  Similar legislation is being introduced at the federal level (Orin Hatch, R-Utah).  And until it does pass, the parents of these students will continue working in our communities at mostly low paying jobs; they will continue to pay their taxes and contribute to our economy They will continue to rent homes, shop in our stores and hope their children stay in school and work to achieve good grades.  Will they be able to go on to higher education?  Time will tell.