' LWVMN Capitol Letter™ -February 11, 2009
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LWVMN Capitol Letter™

Volume XXXV Issue 3, February 11, 2009

The Capitol Letter™ is a report of the activities of the LWVMN volunteer lobbyists.  It is published approximately every two weeks during the Legislative Session.

Printable PDF Version

Contents:

Lobbying Tools

Archives


Committee Deadlines

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

Every year the House and Senate set deadlines to help structure the process of getting bills through the legislative process to the governor.  Committee deadlines, five this year, were released this past week, allowing legislators and lobbyists to plan the next three months.  The Legislature must adjourn on May 18, 2009.

How does this work?

The Legislature establishes deadlines for committee action on bills, thought there is no yearly deadline for the introduction of bills.  The Legislature establishes these by concurrent resolution each regular session.  These are deadlines by which a bill must have been acted upon if it is to remain alive.

By the first deadline, March 27 this year, a bill must have cleared one policy committee in its house of origin or it is dead.  It may have several other policy committees to clear, but it has to get through one before the first deadline.

By the second deadline, April 7, all relevant policy committees must have acted favorably on bills, or companions of bills, that met the first deadline in the other house.  Bills that fail to make deadline can be revived only by going through the Rules and Legislative Administration Committee.

The first two deadlines do not apply to the major appropriation bills.

April 7 is the date before the beginning of the Passover/Easter recess, although Senate Majority Leader Pogemiller said there may be a brief Senate floor session on the morning of the 8th to process paper.  The Legislature reconvenes at noon on April 14.

The third deadline, April 16, is for finance divisions to act favorably on omnibus appropriations bills and to send them to the full Finance Committee in each house.

By the fourth deadline, April 22, the House and Senate Finance Committees, the House Ways and Means Committee and the Taxes Committees must report to the floor of each house all omnibus finance and tax bills.

By the fifth deadline, May 7, conference committees must report all omnibus finance and tax bills to their respective floors.

There is apparently a sixth deadline, May 12, by which time all omnibus finance and tax bills must be sent to the governor, giving the legislators a day or two to deal with possible vetoes before they must adjourn on May 18.

Thanks to the Minnesota Legislature's Website for this information.


Education

LWVMN Position:  All Minnesota children should have equal access to a good public education.  State funding for education should be at a level that makes programs of comparable substance and quality available to all. A student’s access to a good education should not depend on the wealth of his or her school district.

Kay Kessel, lobbyist, (612) 926-1387
Lonni Skrentner, lobbyist, (952) 994-7804

The New Minnesota Miracle and Student Achievement

As an education finance lobbyist I am proud of legislators in both of the House education committees, led by Rep. Mindy Greiling (DFL-54A-Roseville) and Rep. Carlos Mariani (DFL-65B-Saint Paul), and in the newly combined E-12 Education Budget and Policy Division chaired by Sen. LeRoy Stumpf (DFL-1-Plummer).  They are the architects for the Minnesota public education system as defined in our Constitution:

Article XIII, section l.  Uniform System of Public Schools.  The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools.  The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state.

The New Minnesota Miracle, HF2, will be heard in the House K-12 Education Finance Division on February 10.  After hearings around the state last summer and fall, committee chair Rep. Greiling and her committee will have their first hearing at the Capitol.  Rep. Greiling is the chief author and she has 34 co-authors.  The goals are:

  • Adequate funding for all public school students
  • Equitable funding formula
  • More fair funding system
  • Simplified funding system
  • Scalable steps to allow for phase-in over time

The scalable goal is important.  The author will testify about how this new framework for funding education can be realistically phased in, considering our huge budget deficits.  Four characteristics in this bill to keep in mind:

  • Sets basic per pupil formula high enough to cover districts' basic instructional needs
  • Fully funds state's share of special education costs
  • Increases options for school district facility needs
  • Restores equalization in school property tax system

Student achievement is primary for legislators and senators heard from Michael Cohen, President of Achieve Inc., in the Senate E-12 Education Budget Division.  Cohen's research indicates that 30 percent of first-year college students are required to take remedial courses because they are unequipped for postsecondary education.  He testified that Minnesota has aligned high school standards with the knowledge needed for postsecondary success.  The Minnesota Department of Education (MDE) is on board with this national priority to monitor students' progress and readiness for college.

The House K-12 Education Policy and Oversight Committee under Rep. Mariani heard from University of Minnesota Prof. John Robert Warren on the efficacy of high-stakes exit exams.  He called these into question, stating there are "no clear benefits" of the tests in terms of graduation rates or of student achievement.  Exit exams are looming but there is no proof that these exit exams improve student learning!

Q Comp

The Quality Compensation for Teachers alternative compensation program, commonly known as Q Comp, has been in the news, lately.  Within the past two weeks, three organizations have released reports attempting to evaluate Minnesota's alternative pay system.  The only thing the StarTribune, MDE and the Office of the Legislative Auditor (OLA) agree on is a positive nod to the teacher training and professional development that takes place under the plan.

The StarTribune, arguing that Q Comp was meant to be merit pay, states that 99% of the teachers participating receive at least some of the pay.  The report questions how this can be merit pay if everyone who applies is selected.  MDE argues that there is agreement between administration and teachers on the positive value of the program and that there is a "significant" positive correlation between increased student achievement and time in the alternative pay system.

OLA reports that there is not enough data in the short span of three years (with only 72 districts participating) to draw any conclusions on the impact of the system. In addition, OLA shows a discrepancy between positive feedback from administrators and much negative feedback from teachers.

Minnesota 2020, a progressive think tank, in an article by John Van Hecke, sides with the OLA.1  Van Hecke "can't escape the feeling that Minnesota is being stuck with another expensive, out of control, barely monitored, [program]."  Van Hecke sees the OLA report as a red flag and certainly not a reason to extend a program which has already cost the state $49 million in four years with little to show for the investment.

The MDE report, on the other hand, reports that Q Comp enhances professional development, utilizes evaluation tools, and rewards quality teachers through reforms of the teacher pay structure.  Their evaluation indicates that Minnesota is on the right track to reform how we compensate and train our teachers.

All of these reports will be called into question because Gov. Tim Pawlenty (R) has presented a budget that would expand Q Comp to all districts and make it mandatory rather than voluntary.

Higher Education

Governor Pawlenty's budget calls for an 11% budget cut for the University of Minnesota ($151 million) and state university ($146 million) systems.  There have been committee hearings taking testimony from university staff and students.  In a house committee hearing, one student talked about her loans as a necessary investment in her future, but one that would impact other life goals such as buying a home.  These are similar to the cuts made in 2003 which resulted in four years of double-digit tuition increases.  The governor has called for a cap on tuition increases to prevent a recurrence, but university administrators and many lawmakers understand that our institutions of higher education may have to raise tuition to maintain the high quality Minnesota students expect.


1 Minnesota2020 - article by John Van Hecke, February 6, 2009

Thanks to the Session Weekly and Senate E-12 Education Budget Division updates for some of this information.


Early Childhood Education

LWVUS Position:  Support policies and programs at all levels... that promote the well being, encourage the full development and ensure the safety of all children.  These include... early childhood education.

LWVMN Position:  Equal Opportunity support of increased state responsibility in creating equal public educational opportunities for all Minnesota children....

LWVMN Position:  Support coordinated public policies and funding to ensure safe, affordable, quality child care throughout the state.

Ruth Jones, lobbyist, (651) 275-3700
Kathie Cerra, lobbyist, (952) 929-7337

Advocates of early childhood education gathered in the Minnesota House of Representatives for an Early Childhood Summit on Wed. Jan. 28.  Over 150 state senators and representatives are now members of the Early Childhood Caucus.  The keynote speaker for the event, David Lawrence, is president of the Early Childhood Initiative Foundation and retired publisher of the Miami Herald.  He led the initiative to secure dedicated pre-K funding for all four year olds in Florida.  He and the other speakers challenged Minnesota to commit to investing in early childhood education.

The Early Childhood Caucus supports codification of the "Parent Aware" framework for Minnesota's Quality Rating System.1  This will put in place an early childhood care and education system.  New funds for early education will be tied to this framework.

Rep. Nora Slawik (DFL-55B-Maplewood), chair of the House Early Childhood Finance and Policy Division, has introduced several important bills.  HF378 provides early childhood education funding, appropriating $10 million for fiscal year 2010.  HF223 is an appropriations bill concerning Words Work grants for early childhood literacy, allowing $500,000 in fiscal year 2010 and $500,000 in fiscal year 2011.  Finally, HF15 establishes an early childhood program for at-risk four-year-old children, amending a statute to allow school boards to offer the program as part of a community education program.  The program would serve four-year-old children not enrolled in kindergarten, who are in any of the following categories of need:  English language learners; children eligible for free or reduced cost lunch; and children identified with delays through early childhood screening, who do not qualify for early childhood special education services.

Early Childhood Education takes a hit in the budget recommendations of Gov. Tim Pawlenty (R).  These include reducing reimbursement rates to providers and increasing parent co-pays for families over 100% Federal Poverty Guidelines.  These reductions would total a $10.4 million cut in early childhood programs for the next biennium.

The good news is that the governor's budget directs funds to continue Parent Aware after the Minnesota Early Learning Foundation funding ends.  Therefore, Gov. Pawlenty and the Early Childhood Caucus agree that the policy direction of the state should support Parent Aware, and the School Readiness Connections Pilot, a program that helps providers serving Minnesota Family Investment Program families get children ready for kindergarten.

The bad news is that money to support these efforts comes from the unspent Basic Sliding Fee child care funds.  There would be no unspent funds if the money was better allocated among the counties because there are long waiting lists in some counties.

At the federal level Secretary of Education Arne Duncan has stated that early childhood programs will be a priority in President Barack Obama's education agenda.  This is good news for the future.

At this writing it is not clear how the U.S. House's version ($820 billion) of the American Recovery and Reinvestment bill will be reconciled with the Senate version($780 billion).  The U.S. House of Representatives bill includes the following investments in early education:

  • $2 billion for Child Care Development Block Grants to provide child care services for an additional 300,000 low-income, working families.  Four percent of the block grant is required to improve quality of the services
  • $2.1 billion for Head Start to provide comprehensive service for an additional 110,000 infants, toddlers and preschoolers
  • $600 million for IDEA2 Infants and Families to provide grants to states serving chilldren with special needs from birth to age two
  • $11 billion for Title I education grants for disadvantaged children, at least 15% of which must be spent on early childhood education programs for children birth to age five
  • $16 billion for school modernization and includes early learning facilities
  • $2.25 billion for Neighborhood Stabilization Program, which can be used for the construction of early childhood development centers in low income neighborhoods

1 Parent Aware, a project of Minnesota Early Learning Foundation, is a system of rating child-care programs on the basis of how well they prepare youngsters for school http://www.parentawareratings.org/

2 Individuals with Disabilities Education Act

Thanks to Ready 4 K and the Minnesota Early Learning Foundation for some of the information in this report.


State Government Finance

LWVMN Position:  Support of a balanced and diversified revenue system that is equitable, progressive, and reliable.  Support of long-term financial management projections and a budget reserve.  (1995)

LWVMN Position on State Government Spending:  LWVMN believes that the highest priority areas for state spending are the following:  (1) K-12 (regular) education; (2) Health Care; (3) Environmental protection....

Laura Fredrick Wang, LWVMN Legislative Coordinator, (651) 224-5445
Gwen Myers, Action Committee Chair, (952) 545-8696

Minnesota state government has not balanced its budget in accordance with LWVMN principles for at least a decade (see position above).  The trend has been to cut taxes when we had surpluses rather than putting money into reserves or preparing for the inevitable downturn.  This trend continued, even when the economic conditions worsened.  Gov. Tim Pawlenty took office in 2003 when we were in a mild recession; the governor took a "no new taxes" pledge and balanced the budget in 2003 by emptying the budget reserve, spending the tobacco tax money, and creative accounting maneuvers.  Every biennium since, the state has been riding on a thin economic edge and many claim that the quality of life in Minnesota has seen a serious decline.

This is where we find ourselves as we face the most serious state, national and international financial crisis in more than seventy years.  We currently are projecting a $4.8 billion deficit, which is approximately 13% of the state's current budget.  We are expecting the February forecast, which will be released on March 3, to increase the deficit to perhaps $6.5 billion or more.  We are working up to an 18% cut in state spending.  It is important to note as we consider our options that when the state spends money, it puts that money into the state's economy.  Obviously, when the state cuts spending, it takes money out of the state's economy.


Governor Pawlenty's proposed
FY10-11 Budget

In this climate, Gov. Pawlenty was in the unenviable position of being the first to submit a proposal for balancing the state's budget.  His proposed budget was released on January 27 and has occupied the agenda for many committees in the House and Senate as they try to decipher the impact this would have on the programs for which they are responsible.

Enhancing the state's job climate, improving K-12 education and preserving public safety were the priorities emphasized by Gov. Pawlenty when he released the budget.  As expected, the governor refuses to consider a tax increase and relies primarily on cuts to address our $4.8 billion deficit.  The exception to this is K-12 education which will receive a 1% increase and agriculture and veterans' affairs which will receive a 2% increase over the previous biennium's budget. All other areas of the budget will have cuts ranging from 1% to 12%.  The Minnesota Budget Project has a detailed analysis on how these cuts will affect specific programs.

The state has three means at its disposal to address a deficit: cut spending, raise revenue and use budget reserves.  Reserves have been decimated in recent budget cycles, taking that option off of the table.  (Gov. Pawlenty is advocating allocating $250 million to rebuild the reserve, a move hailed by budget watchers across the political spectrum).  The governor's refusal to raise taxes has also taken that option off the table, unless the DFL leadership fights hard to include taxes as part of the solution.  If not, this leaves only cuts to balance the budget.  While cuts will be necessary, LWVMN will advocate that all options remain on the table to ensure the long-term fiscal health of the state and the well-being of its residents.

LWVMN's position on financing state government.


Election Law

LWVMN Position:  Support of improvements in election laws regulating election procedures, voting and school district elections.

Patricia Davies, lobbyist, (612) 338-3309
Gwen Myers, Action Committee Chair, (952) 545-8696

The Office of Secretary of State(OSS) is using the experience of our endless senate election to draft extensive rewrites of the Minnesota election law.  A lot of it is bringing the statutes up to date.  For example, they are removing the references to colored paper ballots which once designated the differing offices voted on in an election and adding language to make sure voters are provided with good directions in filling out ballots.

The work is being done in cooperation with county, city, township, and school board representatives and with members of our Voting Rights Coalition (VRC).  LWVMN has been represented at every meeting.  The intense working sessions and strong attendance are testaments to the interest in maintaining Minnesota's excellent reputation in voting matters.

While the situation is fluid, the OSS proposals include several of the VRC's priorities.  At the top of the list is automatic voter registration when applying for a driver's license, followed by early voting and no-excuse absentee ballots.  Local election officials voiced concerns regarding the logistics of early voting, e.g., how to get voter rosters updated, with early voters indicated, and to the polls by 6:00 a.m. on Election Day.  The OSS is reviewing methods used in early-voting states.

Because of numerous problems with absentee voting, revealed in detail by the recount, the OSS has many recommendations in this area, including the requirement that absentee ballots be processed by an absentee ballot board within days of receipt.  In addition, there are a number of recommended changes in our recount procedures, intended to clarify the process.

Before the OSS produces its final recommendations, the working group will have another look at it.  There will be a number of bills resulting from this background work.

Meanwhile, back at the Capitol, HF57, the photo ID bill introduced by Rep. Tom Emmer (R-19B-Delano) and described in the last Capitol Letter™, has been granted a hearing on Feb. 12 in the House State and Local Government Operations Reform, Technology and Elections Committee.  Recall that this bill would require registered voters to provide a photo ID before being allowed to vote.

As explained in the last Capitol Letter™, LWVMN is fundamentally opposed to unnecessary impediments between the voter and the voting booth.  Proponents of this bill argue that it is necessary to prevent voter fraud.  However, HF57 co-author Rep. Mary Kiffmeyer (R-16B-Big Lake) reported after the 2004 election, when she was secretary of state, that 14 people had voted erroneously.  That worked out to a fraud rate of .0005%, or five ten-thousandths of one percent.  Of these 14, one was prosecuted.  Fraud is clearly not a problem.  No compelling reason has been found for a bill which would disenfranchise an unknown number of the disabled, the frail elderly and the poor.

LWVMN will testify against HF57 on February. 12.


Judicial Selection

LWVMN Position:  (a) Initial appointment to judgeship by the governor, who must choose from among a list of candidates forwarded by a nominating commission.  (b) End-of-term evaluation of the judge's performance by an evaluation commission, results to be made public.  (c) Retention election:  voters choose to retain or not retain the judge. (2008)

Helen Palmer, lobbyist, (612) 377-5972

When retired US Supreme Court Justice Sandra Day O'Connor visited Minneapolis last spring at the invitation of LWVMN and Minnesotans for Impartial Courts, she urged us not to wait to see if Minnesota became another Wisconsin.  By that she meant that Minnesota should avoid the big money, partisan, nasty judicial races that have become something of the norm in our neighboring state.  Rather, she said, we ought to find "a more thoughtful, better way" than our current contested election system.  The proposed legislation establishing retention elections and an evaluation commission is the best way to keep partisan politics and big money out of our judicial elections, and is our best hope for maintaining the high quality judiciary Minnesota has been known for.

The bills we are supporting—SF70 authored by Sen. Ann Rest (DFL-45-New Hope) and HF224 authored by Rep. Steve Simon (DFL-44A-Saint Louis Park) —are not yet scheduled for a hearing.  They have been forwarded to the Senate Judiciary committee and to the House State and Local Government Operations Reform, Technology and Elections Committee.  A new author has been added to HF224Rep. Will Morgan (DFL-40A-Burnsville) joins those noted in the last Capitol Letter™.

We continue to work on building support for this legislation.  An impressive number of Minnesota community leaders and organizations from across the political spectrum have signaled their support, demonstrating that a fair court system is not a partisan issue.  A sample of organizations in support are Minnesota AFL-CIO, Minnesota State Bar Association, Minnesota Council of Nonprofits, Minnesota Council of Churches, Citizens League, and Center for the American Experiment.  The Minnesota District Court Judges Association, however, has requested that legislators take no action on judicial elections this session and is planning to study the subject further in 2009.

A targeted Action Alert went out to LWV constituents of members of the two committees noted above.  Thank you to those who are contacting their legislators.  LWVMN's voice can make a big difference on this issue.


Environment

LWVUS Position:  Natural resources should be managed as interrelated parts of life-supporting ecosystems.  Resources should be conserved and protected to assure their future availability.  Pollution of these resources should be controlled in order to preserve the physical, chemical and biological integrity of the ecosystem and to protect public health.

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

Sulfide (Nonferrous) Mining

The goal of the Safe Mining Coalition is to protect Minnesota from a potential environmental disaster due to acid mine drainage without prohibiting sulfide or nonferrous mining.  The current bill draft adds language on nonferrous mining to the current law on iron (ferrous) mining, tightening up restrictions on granting variances and setting out conditions for permitting, among other things.  There will be no changes to the language on ferrous mining.

Please see the Jan. 15 Capitol Letter™ for a description of the issue and the Jan. 28 Capitol Letter™ for further information on the draft language.

The coalition met to work on the final details of the bill the week of Feb. 2 and we expect to have a bill ready to introduce the week of Feb. 9.

Trails and Off-Highway Vehicles

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

The Traditional Use Coalition refined its agenda this week, as we worked toward getting our bills introduced.  As detailed in the last Capitol Letter™, our original agenda included:  (1) Traditional Forest Areas (non-motorized areas) in at least 50% of each state forest; (2) an enforcement bill that would increase penalties for violating OHV laws, including seizure of the vehicles; (3) an end to gas-tax funding of the OHV accounts in the DNR; and (4) the statewide elimination of the "managed" forest classification, wherein one can ride on any trail unless it is posted closed.

In meetings last week the coalition decided to leave the gas-tax funding issue in the capable hands of our friends in Minnesotans for Responsible Recreation.  Their bill will be slightly different than ours would have been, thereby confusing legislators. Instead, we hope to introduce four short bills to deal with issues that have had serious implications for our citizens who enjoy our state forests – and for individuals who live in areas with significant OHV usage.

The first is an Open Bottle Bill.  While it is illegal for people to drive an automobile with an open bottle of an alcoholic beverage, it is legal for them to ride an ATV or other OHV through our forests with an open bottle.  This makes no sense, especially given the ATV accident rate.

Second is a Closed Ditch Bill which would penalize counties that do not close their ditches by cutting their state road-maintenance funding by 10%.  It is legal for ATVs to ride in the ditches along roads and highways, but counties have the power to close their ditches.  ATVs cause enormous physical damage to ditches and to individuals' driveways which cross those ditches.  In addition, the ATVs destroy wildlife habitat when riding in ditches.  Only Washington County has stood up to motorized recreation enthusiasts and closed their ditches.  A 10% cut in state funding would be an incentive for other counties to close their ditches to ATV traffic.

A third bill, on trespassing, would standardize ATV trespass law throughout the state.  ATV riders may only ride on another's private property in the seven-county metro area if given written or verbal permission by the owner.  Outside the metro area an ATV rider may ride on anyone's private property unless the property is posted or the rider has been told not to ride.  Once again, this makes no sense.  Private property does not change its character based on its location.

Finally, if we fail to eliminate the managed forest classification, we will have a bill to rename these forests to reflect their true character.  The new name will be Motorized Forests.

Toxic Chemicals

LWVUS Position:  Pollution of resources should be controlled in order to preserve the physical, chemical and biological integrity of ecosystems and to protect public health.

Allene Moesler, lobbyist, (507) 263-0726

In 2008 Minnesota legislation intended to reduce exposure of infants to Bisphenol-A was passed, but then vetoed by Gov. Tim Pawlenty (R).  This past week hearings were held in the House and Senate on similar legislation.  Sen. Sandy Rummel (DFL-53-White Bear Lake) author of SF247, introduced John Peterson Myers, Ph.D., founder, CEO and Chief Scientist of Environmental Health Sciences.  Dr. Myers explained that conventional assumptions were turned upside down when scientists began looking at the impact of low concentrations of chemicals on human health.  (See Capitol Letter™ dated April 30, 2008).  He testified that Bisphenol-A presented a serious risk to infant health.  At this time the legislation is moving through committees in both houses, with Rep. Karen Clark (DFL-61A-Minneapolis) carrying HF326 in the House.

In 1976 Congress created the Toxic Substances Control Act requiring the government to come up with processes and standards to rate more than 80,000 chemicals for safety.  Only a few hundred of those have been evaluated and only five have been banned, despite the efforts of the National Cancer Institute and other organizations seeking to have chemicals evaluated for toxicity and possible disease outcomes.  In response to the failure of federal oversight, states are finally beginning to take responsibility for identifying and controlling toxic substances in children's products.

Presented as a step in that direction, SF225, authored by Sen. Linda Scheid (DFL-46-Brooklyn Park), seeks to set up procedures and standards for simply listing chemicals found in children's products that may be toxic.  It requires manufacturers of children's products to disclose any chemicals of high concern.  The Minnesota Pollution Control Agency (MPCA) would be charged with designating which chemicals raise concerns for children's health and to prioritize them.  Safer replacements would be required, with waivers for products where safer alternatives are not available.

This is not a revolutionary requirement, as two states have already approved similar legislation.  A major piece of the bill would allow the MPCA to participate in a "chemical clearinghouse" being set up by the University of Massachusetts-Lowell with the intention of eliminating unnecessary duplication of research.  Sen. Scheid stressed in committee that the legislation is a work in progress, but that it takes important first steps to protect our children.  A spokesperson for the MPCA did not object to the legislation, but suggested that the Department of Health has the professional expertise to be the lead agency for implementation.

Opponents of the BPA regulation are primarily industry spokespersons who cite the FDA's refusal to regulate BPA.  However, the FDA did so against the recommendations of the advisory committee assigned to study the issue; management at the FDA has changed, so the future of BPA is in doubt.

LWVMN is working with Healthy Legacy, a coalition of health and environmental organizations throughout Minnesota, on issues of child health.


Land Use and Transportation

LWVUS supports comprehensive long-range planning; wise decision-making requires consideration of environmental, public health, social and economic impacts of proposed plans...

LWVUS - Transportation:  LWVUS believes that energy-efficient and environmentally sound transportation systems should afford better access to housing and jobs…

LWVMN supports an overall land use plan with maximum cooperation and implementation at the regional and local level, with state help in developing and exercising land use management, with opportunity for maximum local decision-making, and with regional planning and regulation for matters of more than local concern.

CMAL recognizes that increased pressures for development in the entire Twin Cities area indicate the need for a strong public voice in land-use…

Sally Sawyer, lobbyist, (612) 379-7199

The Building Sensible Communities proposal outlined in the January 29 issue of Capitol Letter™ has been incorporated into SF549.  The bill is sponsored by Sen. Scott Dibble (DFL-60-Minneapolis),1 and has been referred to the Senate Environment and Natural Resources Committee.  It is expected to receive a hearing on February 11.  The bill addresses greenhouse gas reduction goals and strategies; the sensible communities grant program; and vehicle miles traveled reduction—all of which LWVMN will follow.  There is no companion bill in the House at this time.

The Sensible Communities Grant Program in SF549 provides that "the Environmental Quality Board shall establish criteria for distribution of grants to local units of government for changes in municipal ordinances that will encourage development patterns that support . . . . providing citizens with safe and convenient transportation alternatives, such as transit, walking, and bicycling; increasing the quantity, quality, and accessibility of wildlands, wetlands, lakes, rivers, and streams with the goal of preserving and protecting connected ecosystem functions; increasing physical activity through community design changes that promote the convenience and safety of walking and bicycling; maximizing the efficiency and cost-effectiveness of public investments by prioritizing infrastructure maintenance and rehabilitation; and expanding lifecycle housing opportunities for all income levels, especially in job-rich jurisdictions."

The greenhouse gases provision requires as part of environmental assessment worksheet preparation "the responsible governmental unit" to "identify and consider alternatives and mitigation measures that will reduce, eliminate, or offset any green house gas emissions resulting from the project."

Economic Recovery and Reinvestment Act


As of this writing Minnesota continues to await enactment of the Economic Recovery and Reinvestment measure now being debated in Congress.  Representative James Oberstar (D-MN), Chair of the U.S. House Transportation Committee, presented preliminary information about its probable impact on Minnesota on January 29 to a joint hearing of the Minnesota House and Senate Transportation Committees.  Rep. Oberstar indicated that as much as $477 million may become available for transportation projects —although subsequent adjustments during Congressional debate will no doubt have diminished that amount.

Outlining the provisions of the economic recovery package to a packed hearing room, Rep. Oberstar stated that its goal was to build tangible, durable assets which would not only create jobs and thus stimulate the economy but would also create lasting benefits to communities.  Eligible projects must be "ready-to-go" and "shovel-ready." Roadways/sites must have been acquired; the Environmental Impact work must have been completed; design and engineering must have been completed.  Funding provided would be 100% of the cost and is not intended to be a source of substitute funds for projects requiring state matching funds.  The package is designed to create new jobs, estimated at perhaps 12,000 jobs by June 1.  Rep. Oberstar emphasized that states must be ready to act—failure to do so within the prescribed timeframe would result in loss of funds, which would be awarded to other states.


1 Co-sponsors:  Sen. Ann Rest (DFL-45-New Hope), Sen. Rick E. Olseen (DFL-17-Harris), Sen. Jim Carlson (DFL-38-Eagan), and Sen. Steve Dille (R-18-Dassel)


Agriculture

LWVMN Position:  Support of a system of sustainable agricultural production which provides safe, healthful food and which preserves and protects the state's human and natural agricultural resources and enhances the environment; research and technical assistance in farming practices and rural economies that improve the economic viability of family farms and their community.

Guest commentary – Bobby King, Land Stewardship Project

Fixing "Green Acres"

The Green Acres program allows the taxable value of farmland to be lowered when it is being driven up due to development pressures.  Farmers commit to keep the land in agricultural use and the land is taxed at a lower agricultural rate.  Critical elements of this Minnesota farm program were dismantled last legislative session.

What went wrong in '08 and how did it happen?  Changes were made to the program with no meaningful input from farmers and almost no opportunity for public input.  The bill was not heard in the Senate or House Agriculture Committees.  Some of the new provisions that threaten the preservation of farmland and the promotion of conservation include the following:

  • A distinction is created between "productive" and "non-productive" land; so-called "non-productive" land is ineligible for Green Acres.  This makes wooded acreage, wetlands and other parts of a working farm that are not tillable, but a necessary part of good stewardship, potentially ineligible.  To qualify, farmers are forced to cut down their woodlands and drain their wetlands to make them tillable.
  • Farmland that is in the Conservation Reserve Program (CRP), Reinvest in Minnesota (RIM) or Conservation Reserve Enhancement Program (CREP) is ineligible for Green Acres.  This will discourage participation in these important conservation programs.
  • A transfer – not a sale – of land triggers a payback of back taxes on so called "non-productive" land.  That means a parent transferring a farm to a son or daughter may have to pay taxes even though they have no money coming in.

Early in the current session, the Legislature should repeal the 2008 changes made to Green Acres.  After repeal, there should be hearings that allow for meaningful input from farmers, landowners and others affected by this legislation before any other changes are made.  Minnesotans believe in open government.  The changes made to Green Acres, even though they affect thousands of Minnesotans, were done with almost no opportunity for meaningful public input.

Current status of repeal effort:  Efforts to repeal these changes have gained momentum at the Capitol, but still have a ways to go.  Repeal bills have passed both the House and Senate Agriculture Finance Committees.  In the House, the bill is HF10, authored by Rep. Al Doty (DFL-12B-Royalton),1 The bill was referred to the House Tax Committee.

The plot thickened in the Senate Agriculture Policy and Finance Committee on Feb. 3.  SF386, carried by Sen. Rod Skoe (DFL-2-Clearbrook),2 was amended from a bill to "fix last year's fixes" to a bill for repeal, against the wishes of the author.  The amendment transforming the bill to a repealer was offered by Sen. Sharon Erickson Ropes (DFL-31-Winona), Vice-Chair of the Committee.  The bill passed out of the committee and was referred to the Senate Environment Policy Committee.

If you want to know more about the Land Stewardship Project's work on this issue or want to be kept informed of developments at the Capitol, please call Bobby King at 612-722-6377.


1 Co-authors: Rep. Jeanne Poppe (DFL-27B-Austin), Rep. Larry Hosch (R-14B-Saint Joseph), Rep. Gail Kulick Jackson (DFL-16A-Milaca), Rep. Jeremy Kalin (DFL-17B-North Branch), Rep. Robin Brown (DFL-27A-Moscow Township), Rep. John Ward (DFL-12A-Brainerd), Rep. Larry Haws (DFL-15B-Saint Cloud), Rep. Steve Gottwalt (R-15A-Saint Cloud), Rep. Patti Fritz (DFL-26B-Faribault), Rep. Kim Norton (DFL-29B-Rochester), Rep. Tim Faust (DFL-08B-Hinckley), Rep. David Bly (DFL-25B-Northfield), Rep. Mary Kiffmeyer (R-16B-Big Lake), Rep. Laura Brod (R-25A-New Prague), Rep. Dean Urdahl (R-18B-Grove City), Rep. Terry Morrow (DFL-23A-Saint Peter), Rep. Kory Kath (DFL-26A-Owatonna) and Rep. Bev Scalze (DFL-54B-Little Canada)

2 Co-authors: Sen. Satveer Chaudhary (DFL-50-Fridley), Sen. Tony Lourey (DFL-8-Kerrick)


Health Care

LWVUS Position:  A basic level of quality health care at an affordable cost should be available to all US residents….  LWVUS favors a national health insurance plan financed through general taxes in place of individual insurance premium... [and] is opposed to a strictly private market based model of financing the health care system…. (1993)

Glenda Larson, lobbyist, (612) 377-3985

The Governor's Budget

Gov. Tim Pawlenty (R) released his budget on Jan. 27 and proposed drastic cuts to human services including health care.  There would be a $1.3 billion (or 10%) cut from health and human services for fiscal year 2010-11. This wipes out the 9% increase that was passed in the 2008-09 budget.  According to the it is estimated that 113, 615 fewer people, including 26,399 children, will be enrolled in state health care programs by FY2011.

The governor would merge the Health Care Access Fund into the General Fund.  The $47 million approved last session to finance public health efforts over two years to reduce obesity and smoking would be cut to $26 million over four years.  Medical Assistance, MinnesotaCare and General Assistance Medical Care would no longer cover podiatry, chiropractic and adult dental care.

More bad news may be coming with the next budget forecast to be released March 3.  The deficit is predicted to increase to $7 billion.

LWVMN's position is that health care should be one of the highest priorities for state spending along with K-12 education and the environment.  Even in the face of these huge cuts, the governor has continued to say that increasing revenue is off the table.

While the governor's cuts would increase Minnesota's uninsured rate by 20%, the Minnesota Health Act (MHA), which offers a plan for universal coverage and protection from the ups and downs of the budget cycle, is moving through committees.

Minnesota Health Act

There are currently the maximum of five coauthors in the Senate1 for the MHA, which would create the Minnesota Health Plan and provide health care for all Minnesotans.2  The MHA, SF118 authored by Sen. John Marty (DFL-54-Roseville), passed the Senate Health, Housing and Family Security Committee on Jan. 29 and was sent to the Commerce and Consumer Protection Committee.  The Minnesota Chamber of Commerce, the Minnesota Business Partnership and the Council of Health Plans testified against the bill, mainly claiming that it would create a large bureaucracy and cost billions of dollars.  The bill was approved 8-5 on a party line vote with the DFL in support, except for Sen. Ann Lynch (DFL-30-Rochester).

The hearing in the Senate Commerce and Consumer Protection Committee is scheduled for February 10.  Six members of the 11-member committee have said they will support the bill:  Sen. Marty, Sen. Linda Scheid (DFL-46-Brooklyn Park), Sen. Kevin Dahle (DFL-25-Northfield), Sen. Dan Skogen (DFL-10-Hewitt), Sen. Mary Olson (DFL-4-Bemidji) and Sen. Yvonne Prettner Solon (DFL-7-Duluth).  The remaining members of the committee are:  Sen. Dan Sparks (DFL-27-Austin), Sen. James Metzen (DFL-39-South Saint Paul), Sen. Chris Gerlach (R-37-Apple Valley), Sen. Debbie Johnson (R-49-Ham Lake) and Sen. Ray Vandeveer (R-52-Forest Lake).

The companion bill for the MHA in the House, HF135, sponsored by Rep. David Bly (DFL-25B-Northfield) is scheduled to be heard by the House Health Care and Human Services Policy and Oversight Committee Feb. 25 at 2:45 p.m. in room 200 of the State Office Building.  The bill has 34 co-signers, four of whom sit on this committee:  Rep. Tina Liebling (DFL-30A-Rochester), Rep. Jeff Hayden (DFL-61B-Minneapolis), Rep. Carolyn Laine (DFL-50A-Columbia Heights) and Rep. Erin Murphy (DFL-64A-Saint Paul).  The other members of the committee are Rep. Paul Thissen (DFL-63A-Minneapolis), Rep. Jim Abeler (R-48B-Anoka), Rep. Laura Brod (R-25A-New Prague), Rep. Julie Bunn (DFL-56A-Lake Elmo), Rep. Tom Emmer (R-19B-Delano), Rep. Patti Fritz (DFL-26B-Faribault), Rep. Paul Gardner (DFL-53A-Shoreview), Rep. Steve Gottwalt (R-15A-Saint Cloud), Rep. Tom Huntley (DFL-07A-Duluth), Rep. Tim Kelly (R-28A-Red Wing), Rep. Diane Loeffler (DFL-59A-Minneapolis), Rep. Tara Mack (R-37A-Apple Valley), Rep. Kim Norton (DFL-29B-Rochester), Rep. Maria Ruud (DFL-42A-Minnetonka), Rep. Cy Thao (DFL-65A-Saint Paul), and Rep. Paul Torkelson (R-21B-Nelson Township).

Action:  LWVMN supports the Minnesota Health Act.  If your representative is on the House Health Care and Human Services Policy and Oversight Committee, please call, email or visit to thank them for co-sponsoring the bill or to urge their support for it.


1 Sen. Sharon Erickson Ropes (DFL-31-Winona); Sen. John Doll (DFL-40-Burnsville); Sen. Linda Berglin (DFL-61-Minneapolis); Sen. Steve Murphy (DFL-28-Red Wing)

2 Described in the Jan. 28 Capitol Letter™


Immigration

LWVMN Position:  Support incorporating immigrants into our communities by providing access to education, by endorsing the development of secure identification documents, and by respecting the right of law enforcement personnel to perform their duties without the burden of interpreting federal immigration policies.  Support recognition. . . of the matricula consular as an acceptable document to prove identity for obtaining a driver's license.  Oppose residents with legal immigrant status running for local office.

Judy Stuthman, LWVMN Co President, (651) 644-8588
Kathy Tomsich, lobbyist, (651) 490-1809

Last session several pieces of legislation directed at undocumented immigrants were introduced.  None passed; in fact, most did not make it out of committee.  However, we are seeing some of the same bills re-introduced this session, along with a few new ones.

The last Capitol Letter™ described SF144/HF89, introduced by Sen. Joe Gimse (R-13-Willmar) and Rep. Paul Kohls (R-34A-Victoria).  It would prohibit city ordinances that prevent law enforcement officials from inquiring about immigration status and reporting this information to federal officials unless a crime has been committed.  LWVMN will oppose this bill based on our position on immigration.  The Senate Judiciary Committee will be hearing this bill on February 10.


LWVMN volunteer lobbyists
Kathy Tomsich and Judy Stuthman
discuss the status of Immigration Bills.

SF143/HF0396, also authored by Sen. Gimse and Rep. Kohls, would include the United States Citizenship and Immigration Services' I-9 employment eligibility verification form as one of the documents that, if altered or falsified with the intent to defraud, would constitute aggravated forgery, thereby making the perpetrator subject to imprisonment for not more than ten years or to a fine of not more than $20,000 – or both.  This bill will also be on the agenda of the February 10 meeting of the Senate Judiciary Committee.

Our national recession and our state's current fiscal crisis have raised concerns about the continuation of a two year provision in the higher education bill in 2007 that allowed a flat tuition rate at seven MNSCU institutions.  This has allowed out-of-state students and undocumented students to pay the same tuition as Minnesota residents.  The purpose was to attract people to Minnesota to meet the needs of our future labor force.  Expecting a big cut in state funding, many MNSCU institutions are considering dropping this provision when it expires.  Obviously, the flat rate tuition makes higher education more accessible to undocumented students, most of whom cannot afford out-of-state tuition.

On the positive side, SF185/HF167 authored by Sen. Patricia Torres Ray (DFL-62-Minneapolis) and Rep. Paul Gardner (DFL-53A-Shoreview), would reauthorize the Ethnic Heritage and New American Working Group.  This would extend authority for its activities relating to understanding and appreciating ethnic and cultural diversity in Minnesota for two years.  This bill was heard by the Senate State and Local Government Operations and Oversight Committee and passed on to the Senate Rules and Administration Committee.  In the House it was referred to the House State and Local Government Operations Reform, Technology and Elections Committee.  We expect this to pass, especially since there is no funding required.

On the national level, advocates for immigrants celebrated the passage and signing by President Barack Obama of the re-authorization of the State Children's Health Insurance Program (SCHIP).  Under the new SCHIP, legal immigrant children and pregnant mothers will no longer have to wait five years before they are eligible for this federally funded program.


Domestic Violence

LWVMN Position:  Support for improved procedures for agencies dealing with family violence.  Support for improved services for the victims.  This includes more advocates to protect the interests of victims of family violence, more shelters for battered women, and provision for immediate legal remedies for victims of family violence, among other things.

LWVUS Position:  Support for violence prevention programs in our communities.

Evon Spangler, lobbyist, (651) 776-2900

HF139 seeks to designate October as Domestic Violence Awareness Month in Minnesota.  The bill sponsored by Rep. Al Doty (DFL-12B-Royalton) was approved by the House Crime Victims/Criminal Records Division on February 4 and sent to the House Public Safety Policy and Oversight Committee.  A companion bill, SF87, is sponsored by Sen. Paul Koering (R-12-Fort Ripley).  There are no co-sponsors.  The bill awaits action by the Senate Judiciary Committee, chaired by Sen. Mee Moua (DFL-67-Saint Paul).

According to the Minnesota House Session Daily (Published January 30, 2009), Rep. Doty stated that "[i]n a year when we are not going to be spending much money, increasing awareness is something that may prevent us from ruining a lot of lives and spending a lot of money."

Our most vulnerable citizens - victims of domestic violence, including children - deserve higher priority.  Raising awareness about the impact of domestic violence is laudable, but without funding an increased awareness of this devastating, far-reaching, long-impacting issue is without merit.  Services will not be provided, the abuse will continue.  The victims of domestic violence deserve better.  Urge your legislator to support bills that protect victims and their children, and that prevent violence.  These must include funding.