' LWVMN Capitol Letter™ -March 25, 2009
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LWVMN Capitol Letter™

Volume XXXV Issue 6, March 25, 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


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

The Parents United Leadership Summit on Mon, March 16 was a great success.  I only wish that these experts could be heard by parents and grandparents and our LWVMN members across the state who are concerned about education finance.

Katherine Blauvelt from the MN Budget Policy spoke about the Lost Decade1 for education.  Minnesota entered the recession in bad financial shape.  The way Minnesota has responded to fiscal challenges in this decade raises questions about our commitment to public investment, according to Ms. Blauvelt.  State investments from FY2000 to FY2009 show the following:

  • E-12 education: 10% increase
  • Higher education: 16% decline
  • Child care assistance: 26% decline
  • Affordable housing and homelessness prevention: 17% decline (since FY 2001)
  • All areas have declined since FY 2003

How has this worked?  Not very well.  Since FY2003 state funding has declined.  There has been a greater reliance on property taxes.  Minnesota went from above-average to simply average in education funding.  Our poverty rate went from 7.8% in 2001 to 9.5% in 2007.  Our median household income, adjusted for inflation, went from $58,400 in 2001 to $55,800 in 2007.

Angie Eilers, Research and Policy Director of Growth and Justice, spoke about Smart Investments in Minnesota's students.  Her message was clear:  Economists, business leaders and educators agree that Minnesota's relative prosperity has been driven largely by our investment in human capital.  But we are no longer above average.  Strengthening Minnesota's economy will require new investment in Minnesota's students.  She explained how we can do it wisely and cost-effectively.

Jermaine Toney of the Organizing Apprenticeship Project is the author of Kitchen Table Budget Principles and Minnesota's Legislative Report Cards on Racial Equality, Weighing the Racial and Economic Equity Impacts of the Minneapolis School Referendum.  He referenced the Racial Equity Report Card2 that was released last Wednesday.  After presenting the Kitchen Table Budget Principles, Mr. Toney made the point that during previous deficits, "efforts to address deficits primarily through spending cuts meant a decade of public disinvestment in child care, education and affordable housing.  Because of this we have lost considerable ground, and weare host to some of the nation's widest disparities in well-being between Minnesotans of color and whites."

Mary Cecconi, Executive Director of Parents United for Public Schools, spoke about a rational and non-partisan process for determining education finance and educational policies.  She referred to a bill authored by Rep. Carlos Mariani (DFL-65B-Saint Paul), and Sen. Sandy Rummel (DFL-53-White Bear Lake), HF1186/SF1109, to establish a separate office to do legislative educational analysis, research and navigation for the next generation.  This would be separate from the Minnesota Department of Education but would enhance its mission.

Meanwhile, back at the Capitol, there is a question about what will happen to education funding in the compromises among the three budgets released in the last two weeks.  Education finance makes up 40% of the state budget.  Mary Lahammer, on Almanac March 20, held up playing cards representing key players.  Will the budgets be discussed by conference committees open to the public or will they follow the pattern set last year:  negotiations among legislative leaders and the governor with all the compromises and decisions made behind closed doors?

The education committees have members of both parties.  For seven years I have observed legislators of both parties looking out for Minnesota students to guarantee optimal educations and adequate financing.  In spite of good intentions, in 2003 the governor and legislature cut after school programs, alternative program funding, adult education, summer school, ESL, and early childhood funding.

I was an assistant principal in several Minneapolis high schools for 15 years prior to becoming a volunteer lobbyist with the LWVMN.  We served a large percentage of students in Title One programs and students of color, helping many of those students graduate by providing after school credit make up classes so that they could graduate on time.  The counselors played a vital role, referring students to these programs.  These support personnel, including chemical dependency counselors, social workers, psychologists and the Trio programs such as Upward Bound and Talent Search mentoring programs are essential at every level of education – and they have been cut to the bone.  Minnesota ranks in the top two or three in the nation for highest case load for counselors.

It is tragic that Minnesota is dead last for the graduation rate of students of color.  We have one of the highest incarceration rates for our people of color in the nation.  Might the failure to provide support services in the schools have something to do with these statistics?  The governor has summer school funds in his proposed budget.  I hope that that portion passes, but it is too late for all those at risk students these past seven years.


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.

Kathie Cerra, lobbyist, (952) 929-7337

"Voices for Children" Rally at the Capitol

Early childhood education continues to be a focus of events at the Capitol and news in Minnesota.  On Thursday, March 19, the eighth annual "Voices for Children" rally brought over 1,000 advocates of early childhood care and education to the State Capitol.  Attendees included parents, children, early-childhood educators, and community leaders.  Advocates pointed out that only 50% of Minnesota children currently reach kindergarten fully ready to learn.  Quality child care and early education programs are the key to closing this gap.

"Invest in Our Youngest Citizens"

On March 16 the St. Paul Pioneer Press featured an article by Peter Heegaard and Todd Otis entitled, "If it's dramatic returns we want, invest in our youngest citizens."  Heegaard is a retired banker and investment advisor and Otis is past chair of the House Economic Development Committee; both authors are affiliated with Ready 4 K, the early childhood policy and advocacy organization.

The authors encourage policymakers to use the concept of return-on-investment in assessing which programs to support in difficult economic times.  Education is the most important economic development investment the state can make, and the highest return on investment comes from expenditures for our youngest citizens, children ages 0 to 5 years.  The authors cite two studies, which looked at the impact of high-quality learning experiences on the disadvantaged children.  One study reported a percentage return on investment that exceeded 600 percent; the other study reported a benefit-to-cost ratio of 7.1 to 1.  The authors encourage a greater commitment to early childhood education, which now receives only one percent of the Minnesota state budget1.

Reach Out and Read in Minnesota

Reach Out and Read is a national non-profit active in Minnesota and it has demonstrated the profound impact of young children's early learning experiences.  It currently serves 40,000 babies, toddlers, and preschool children in 60 health care clinics throughout Minnesota.  Reach Out and Read teaches and encourages parents to read to babies and young children at home and provides the free, high quality developmentally-appropriate books needed to do this.

The Reach Out and Read program is implemented in participating clinics at each well-child pediatric visit for children from ages six months through five years.  Pediatricians and nurse practitioners demonstrate to parents how to share and talk about books with their babies and children, presenting the child with a new book.  By the time a child comes to the doctor for the five year old well-child visit, he or she has received twelve developmentally and culturally appropriate books to take home and share with parents.

The program is implemented in 60 clinics throughout Minnesota, serving children at large clinics such as the Hennepin County Medical Center, where 2,000 babies and young children participate, and at smaller clinics, such as the clinic on the Cass Lake Indian Reservation, where 116 babies and children are involved.  This kind of program should be available for all children, certainly for all at-risk children, throughout the state.


1  See the last Capitol Letter™ for information on pending legislation

Thanks to Ready 4 K and Reach Out and Read, Minnesota 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

Both House and Senate DFL leadership announced their budget framework and targets for their respective chambers in the last two weeks, revealing how they propose to solve the budget deficit.  Gov. Tim Pawlenty also released his revised budget, placing plans from the three major players in the budget process on the table.

The answer to the question of whether the DFL leadership would use tax increases to balance the budget was met with a 'yes.'  The exact details of what those tax increases would be, however, remains unanswered.  Speaker Rep. Margaret Anderson Kelliher (DFL-60A-Minneapolis) stated that tax increases would be progressive and that the Taxes Committee was in charge.

The House DFL's plan calls for using the one-time federal stimulus dollars, targeted spending cuts and $1.5 billion in tax increases.  The Taxes Committee, chaired by Rep. Ann Lenczewski (DFL-40B-Bloomington) has been charged with hammering out the details of that tax plan.  On the Senate side, the DFL majority has proposed $2 billion in unspecified revenue increases and $2.4 billion in across-the-board spending cuts in order to balance the budget.

Gov. Pawlenty also released his revised budget.  The Minnesota Budget Project's analysis of the budget finds that he uses all of the federal stimulus funds, relies heavily on one-time solutions and makes few changes in the spending cuts that were proposed earlier.  The biggest of these changes involved General Assistance Medical Care for adults without children, and would include a focus on outpatient care to divert people away from emergency room visits.  The details of this plan are still emerging.

For a more detailed analysis of the three budget plans, check out the Minnesota Budget Project's Minnesota Budget Bites blog.


Election Law

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

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

The Voting Rights Coalition (VRC) has so many bills moving through the legislature that we have made a chart to keep track.  The problems on Election Day 2008 which lead to our ongoing U.S. Senate contest brought the VRC and the Office of the Secretary of State (OSS) together in seeking solutions, and a remarkable collection of bills has been introduced.  An annotated list it seems is the only approach, with one bill featured at the end.

SF970/HF1113:  The Early Election bill1, sponsored by Sen. Katie Sieben (DFL-57-Newport) and Rep. Will Morgan (DFL-40A-Burnsville), passed out of the Senate Elections Subcommittee and awaits a hearing in the full Senate State and Local Government Operations and Oversight Committee (Senate Gov. Ops.).  It was heard in the House State and Local Government Operations Reform, Technology and Elections Committee (House Gov. Ops) on March 10.  Gwen Myers testified, as she had for Sen. Sieben’s bill, and HF1113 passed and is headed to the House Finance Committee.

SF660/HF1053:  The Automatic Voting Registration bill, sponsored by Sen. John Marty (DFL-54-Roseville) and Rep. Steve Simon (DFL-44A-Saint Louis Park), passed out of the Senate Gov. Ops..  Committee and was sent to the Senate Judiciary Committee.  It passed out of House Gov. Ops. on March 19 and is headed to the House Finance Committee.

This bill provides for the automatic voter registration of all applicants for drivers' licenses, instruction permits, or identification cards, unless the applicant declines.  It also requires a variety of officials to provide information periodically so the OSS can update the voter registration system, but most of the attention focused on the automatic registration portion of the bill.  Rep. Jeremy Kalin (DFL-17B-North Branch) was typical of those who applauded the OSS and Rep. Simon for easing the process of voter registration.  Several Republicans thought this made registration too easy; a citizen should have to think carefully about registering and then go to some trouble to do so.  The bill passed out of committee and was re-referred to House Finance.

SF853/HF1112:  The No Excuse Absentee Ballot bill, sponsored by Sen. Sieben and Rep. Morgan, has passed the Senate Elections Subcommittee and is scheduled for a hearing in the Senate Gov. Ops. Committee on March 23.  In the House it awaits a hearing in the House Gov. Ops. Committee.  The bill simply allows any eligible voter to request an absentee ballot without having to provide a reason for being unable to go to the polling place on Election Day.

SF1331/HF1351: The Absentee Ballot Requirements Modification bill, sponsored by Sen. Sieben and Rep. Ryan Winkler (DFL-44B-Golden Valley), awaits a hearing in the Senate Gov. Ops. Committee, but it passed the House Gov. Ops Committee on March 17 and has been referred to the House State Government Finance Division.  The bill makes various modifications to the requirements for absentee ballot processing, including permitting an absentee ballot to be automatically delivered to certain voters, eliminating the witness requirement for pre-registered absentee voters, and replacing the required signature match between the application and the ballot return envelope with date of birth, driver's license or state ID number and the last four digits of the voter's social security number.  This bill most directly addresses the problems encountered in the rejection of 12,000 absentee ballots in our last election.

SF661/HF817:  The Student Housing Lists/Online Registration bill, sponsored by Sen. Sandy Pappas (DFL-65-Saint Paul) and Rep. Phyllis Kahn (DFL-59B-Minneapolis), was passed by the Senate Gov. Ops. Committee and referred to Judiciary, where it was amended and referred to the Committee on Higher Education without recommendation.  It has a hearing scheduled on March 24.  In the House it had a hearing in Gov. Ops. on March 19 and was re-referred to the Finance Committee.  The bill modifies certain procedures related to the submission of residential housing lists by postsecondary institutions, it permits online voter registration if the secretary of state's website allows it, and it requires that the secretary of state's website allows voters to confirm their registration on line.

SF564/HF881:  The Civil Rights Restoration upon Release bill, sponsored by Sen. Mee Moua (DFL-67-Saint Paul) and Rep. Bobby Joe Champion (DFL-58B-Minneapolis), would allow felons to vote as soon as they are out of prison.  Current law says their sentence must be completed, which means they must be off parole.  Parole lasts an extended time after the actual discharge from a prison and many felons, after finishing parole, do not realize they can vote.

Sen. Moua has shepherded this bill through several committee hearings, with dramatic testimony from felons about what the right to vote means to them.  One man who voted for the first time last November said that it was a high point of his life, to feel part of the community to which he has returned, to vote for the future of his family, and to cheer with his neighbors on election night for his candidate.  This is exactly why LWVMN supports the bill; we believe feeling part of the community is an important help to a felon in re-establishing a life out of prison.

A second witness was Dr. Christopher Uggen, Chair of the University of Minnesota Sociology Department.  His research shows that states that allow felons to vote upon prison release have significantly lower recidivism rates.

Unfortunately, the Department of Corrections asked that the bill secure a "fiscal note" before it is sent to the Senate floor, so Sen. Moua referred it to the Finance committee.  It will be heard in the Public Safety Budget Division, and chair Sen. Linda Higgins (DFL-58-Minneapolis) assured us that it will get favorable treatment.  There are only slight costs that attach to the bill - the OSS needs to prepare information to notify electronically public safety officials of the change, the prisons have to give the released felons voter registration cards, and the change needs to be pointed out to current felons on parole.

In the House, the companion bill awaits a hearing in the Gov. Ops. Committee.

Thus far, all of the election bills LWVMN is supporting are alive and well.  The first deadline is March 27 and all our bills have cleared at least one a policy committee in one house, so all are viable.


1  Described in the March 12 Capital Letter™.


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

More good news:  SF70, our Judicial Selection bill1, passed its second committee.  Bravo to the LWVMN members who again rose to the occasion and called, emailed, or visited their senators.  I am sure we made a difference.

Having passed the Senate Judiciary Committee on a voice vote, the bill passed the Senate State and Local Government Operations and Oversight CommitteeSen. Ann Rest (DFL-45-New Hope) chairs the committee and is also the bill's author.  This vote was by no means a shoo-in, and discussion was intense.

The primary goal of the committee was to review and agree to the ballot language, since this bill requires a constitutional amendment that must be approved by voters.  This was accomplished.  Much of the discussion centered, however, on the merits of the bill itself.  Testimony was limited.  Those testifying in favor of the bill were Supreme Court Justice G. Barry Anderson and District Court Judge and former Republican state senator David Knutson.  Greg Wersal2 again spoke in opposition.  The voice vote made it difficult to discern how everyone voted, but the chair ruled a favorable vote and it was not contested.

Next, SF70 will go to the Senate Rules and Administration Committee, chaired by Senate Majority Leader Sen. Larry Pogemiller (DFL-59-Minneapolis).

We are still hoping HF224 will get a hearing in the House State and Local Government Operations Reform, Technology and Elections Committee, Chair Rep. Gene Pelowski (DFL-31A-Winona).

Look for alerts to contact members of the Senate Rules and Administration Committee.


1  Please see the January 28 Capital Letter™ for an explanation of this bill.

2  Greg Wersal filed the suit on behalf of the Republican Party of Minnesota that led to the "White" decision by the U. S. Supreme Court.  This decision overturned certain restrictions on judicial candidates, leading to the new LWVMN Judicial Selection position and to this bill.  See March 12 Capitol Letter™.


Environment

LWVUS Position:  Promote an environment beneficial to life through the protection and wise management of resources in the public interest.

Allene Moesler, lobbyist, (507) 263-0726

Environmental Funding – supplement or supplant?

Conservation continues to take huge cuts in budgets proposed by the governor, the House and the Senate, according to analyses by Conservation Minnesota (3/02/09) and the Minnesota Environmental Partnership (MEP) (3/20/09).  These organizations, which represent many environmental, conservation, and business organizations, supported the 2008 Amendment to the Minnesota Constitution requiring that a small percentage of sales tax be added and directed toward three natural resource and outdoor recreation areas and a smaller amount to the arts.  LWVMN is a member of MEP and supported the amendment.  The amendment money was specifically to supplement, not supplant, state funding in these areas.  Given the current state financial status, the tension between balancing the budget without conflicting with the amendment is a challenge.

From Conservation Minnesota:

The organization's eighth annual analysis of the proposed state budget for conservation finds that funding for conservation and environmental needs appears to clash with the Clean Water, Land and Legacy Amendment approved by voters last November.  The amendment requires that the new funding be a supplement to existing sources of funding and not be used to replace existing funds.

Under the Governor's proposed budget for conservation, general fund spending slips to 0.96% of state general fund spending, a modern low.  In 2008-09, general fund spending by conservation agencies was $422,488,000.  At the time the constitutional amendment was passed, conservation budgets represented 1.23% of state general fund spending.  This reduction in the proportion of the general fund for conservation, too, appears to conflict with the constitutional requirement and the voters' intent to increase funding for conservation.1

MEP lobbyist John Tuma states in his March 20 report2:

The House cuts the environment and natural resources budget by $21 million which they designated as a 7% reduction in their base funding.  They also cut the energy budget by $2 million which is designated as 3.7% reduction in that base.  Of course all the one-time money in our budgets are gone and are not calculated in the above noted base reduction.  Therefore, the actual dollar amount lost in our budget areas from biennium to biennium is significantly greater than 7%.

The governor, Senate and House are not that far apart on the energy and environment budgets.  The governor cuts $25.3 million, the Senate cuts $24 million and the House $23 million.

The constitutionality of these budget cuts will certainly become a significant issue if dollars derived from the amendment are subsequently directed to fill some of those cuts.  Pressure on natural resources is increasing as funding to maintain and/or improve these resources is dwindling.  Certainly costs to repair damaged resources is much more costly than protecting them, so we must be concerned about the point at which budget cuts to conservation as well as other essential services become "penny-wise and pound foolish" - and unconstitutional.

Energy

LWVUS Position:  Oppose "increased reliance on nuclear fission," but recognize its place in the nation's energy mix.  State and local LWVs may oppose licensing for construction of nuclear power plants on the basis of the national position....  [They] may call for the closing of operating nuclear power plants because of specific nongeneric health and safety problems with permission from LWVUS.

Full position pp. 54-56

Sarah Risser, lobbyist, (651) 917-0358

Lifting Minnesota's Moratorium on Nuclear Power?

Minnesota has a ban on licensing new nuclear power plants and bills to remove the ban are nothing new and have been introduced during every legislative session since the Minnesota Legislature first passed the ban in 1994.  Yet, this session has seen more bills and a heightened interest in the issue.  LWVMN believes that lifting the moratorium on nuclear power should not be considered until the problems associated with nuclear fuel and nuclear waste have been adequately addressed.

Rep. Tim Mahoney (DFL-67A-Saint Paul) introduced HF1091 to abolish statuary language that prohibits the Minnesota Public Utilities Commission (PUC) from issuing a certificate of need for a new nuclear power plant.  The remaining language in the statute requires the PUC to "address the impacts of continued operation" - in other words, address the issue of spent fuel storage.  Sen. Jim Carlson (DFL-38-Eagan) has introduced the Senate companion, SF1078.

It is unlikely that Yucca Mountain will ever be a viable repository for nuclear waste.  With no permanent national storage facility, Minnesota's Prairie Island and Monticello nuclear plants store high-level radioactive waste above ground in dry casks.  These sites were never intended to be long-term storage solutions and are steadily approaching capacity.  At Prairie Island, nuclear waste is currently being stored in the floodplain of the Mississippi River.

The 1982 national Nuclear Waste Policy Act requires utilities to set aside a tenth of a cent for each kilowatt-hour of nuclear power for transporting and storing nuclear waste.  U.S. ratepayers have already expended over $26 billion, making the management of nuclear waste extremely expensive.

A joint meeting of the Legislative Energy Commission; the House Energy Finance and Policy Division; and the Senate Energy, Utilities, Technology and Communications Committee will hold an informational hearing on nuclear Energy on Wednesday, March 25 at 6:30pm in Room 200, State Office Building.  Expert testimony will be taken, and both House and Senate Energy committees have been invited.  Dr. Arjun Makhijani PhD of the Institute for Energy and Environmental Research will testify on the feasibility for a carbon-free, nuclear free energy system by mid century.

The informational hearing will be followed by a committee hearing on HF1091 on Thursday, March 26, in the House Energy Finance and Policy Division at 6:30pm, Room 200, State Office Building.  At this hearing HF1091 will be formally considered, and sent directly to the floor if passed.


See LWVUS Impact on Issues, pp. 54ff for complete Nuclear Issues position

Trails and Off-Highway Vehicles

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

A bolt out of the blue the week of March 17 was a notice that SF1655, "Off-highway vehicles [OHVs] seizure and forfeiture provisions and criminal penalties imposition," would be heard by the Senate Environment and Natural Resources Committee the evening of March 19.  The author is Sen. Satveer Chaudhary (DFL-50-Fridley), chair of that committee.

Our Traditional Forest Users group has had such a bill since 2005 and had asked Sen. Chaudhary to author it this year.  He had various objections to our bill, but told us he would write his own.  Working with the motorized recreation clubs, including the All-Terrain Vehicles Association of MN (ATVAM), and, with their agreement, he produced SF1655 which includes several important provisions.

  • A person who violates various sections of the OHV laws is guilty of a misdemeanor, i.e., a crime, rather than a petty misdemeanor.  These violations include riding in wetlands, on trails marked closed, in state parks, or in wildlife management areas.  This increases penalties to a fine not to exceed $1,000 or imprisonment for not more than 90 days.
  • A person who violates these sections and "recklessly upsets the natural and ecological balance of a wetland or public waters wetland" is guilty of a gross misdemeanor, and is subject to a substantial fine and imprisonment for not more than one year.
  • A person is prohibited from operating an OHV for one year if he/she has been convicted of a gross misdemeanor, as noted above, or has been convicted of "reckless disregard for the safety of persons or property...."
  • And finally, an OHV may be seized if an individual has committed a gross misdemeanor.

It was Sen. Chaudhary's intention that seizure would occur on the first offense, given the extreme nature of these offenses.  In spite of support for the original bill from the motorized recreation clubs, Sen. Tom Saxhaug (DFL-3-Grand Rapids) moved to amend the bill to say that seizure would take place only on the second offense.  He was supported by Sen. LeRoy Stumpf (DFL-1-Plummer), Sen. Kenneth Kelash (DFL-63-Minneapolis), Sen. Lisa Fobbe (DFL-16-Zimmerman) and Sen. Bill Ingebrigtsen (R-11-Alexandria).  Sen. Ellen Anderson (DFL-66-Saint Paul), Sen. Katie Sieben (DFL-57-Newport) and Sen. Dan Skogen (DFL-10-Hewitt) supported Sen. Chaudhary, but since two of our supporters were absent - it was 10:00 p.m. – the amendment prevailed.

With this amendment, the bill was passed and sent to the Senate Judiciary Committee.  There is no House companion, but at least SF1655 has met the first deadline, March 27.1  Our lobbyists will be in touch with Sen. Chaudhary to see how we can help advance his bill.


1 See Capitol Letter™, 2/11/09, on deadlines


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 bill, SF549/HF898, has been heard and passed as amended in several committees in both Senate and House.  In the Senate it is scheduled to be heard on March 26 in the Senate Education Committee because of the provision calling for the elimination of minimum acreage requirements for new schools.  It will then have met the final policy committee deadline in the Senate1.  In the House it is back in the House State and Local Government Operations Reform, Technology and Elections Committee, but will also have to clear an education committee before going to the floor.

While committee approval is expected, we are asking constituents of the following Senators to contact them to urge support:

The provision re school siting2:

  • Gives more authority to the local school board to determine the size of the school site needed to meet the needs of their district
  • Gives the school district the opportunity to save money on land and other school development costs
  • Will make it easier for school districts to keep schools anchored in the heart of town
  • Will help support safe pedestrian and bicycle connections to schools for children

The central provision of the Building Sensible Communities legislation sets a 17% reduction of global warming pollution from 2005 levels by 2025 for Metropolitan area cities.  This requires metropolitan cities to incorporate reduction of vehicle miles traveled into their development plans, which would need to be completed by 2015 rather than 2018.  Reduction targets would be set for each municipality by the Metropolitan Council.  According to MEP lobbyist John Tuma, local governments have played a constructive role in improving the legislation.  The Metropolitan Council, while supportive of the overall goal, has expressed concern about the aggressiveness of the timeline and has also suggested that goals for municipalities be voluntary.

Another provision of SF549/HF898 requires the Minnesota Department of Transportation (Mn/DOT) to plan for a multi-modal transportation system to reduce per capita vehicle miles driven.  Mn/DOT has prepared a draft statewide transportation plan for public review.3  This plan helps set the framework for transportation investments in the state over the next 20 years.

There have been a series of open houses across the state; written comments can be submitted until 3/31.  There is a day-time public hearing at 16 locations on 3/26 from 9:00 to noon and an added evening hearing from 5:00-6:00 p.m. on Wed. 3/25.  Look for a location near you and plan to attend if you are able to-it's important for Mn/DOT to have meaningful public input to the plan.

Plan and hearing times


1  See the Feb. 11, 2009 Capitol Letter™ on deadlines.

2  Thanks to Ethan Fawley of Fresh Energy for this information.

3  Draft plan and information about the hearing times and locations


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

Although the legislature has the huge task of balancing the massive $6.4 billion budget deficit, there are still many bills concerning health care being put forward in the Senate and House.

Sen. Linda Berglin (DFL-61-Minneapolis) and Rep. Tom Huntley (DFL-07A-Duluth) proposed a series of health reform bills that are a follow-up to last session's health reform actions.  They urge the continuation of health reforms as further cost savings.  Their proposals include setting up 24-hour dental clinics and birthing centers for deliveries; eliminating duplicative lab work; no longer paying for medical errors; discouraging "overuse" of Caesarian section deliveries and having government and private providers buy medical supplies in bulk.  They say without reforms Minnesota will spend $50 billion a year on health care by 2015.

Three reform bills authored by Sen. Berglin are moving through the Senate:

  • SF696 requires a patient-centered decision-making process before reimbursement is paid for certain surgical procedures either on a fee-for-service basis or by a health plan company under contract with the commissioner of human services or finance.  These procedures include surgery for abnormal uterine bleeding; benign prostate enlargement; chronic back pain; early stage breast and prostate cancers; gastroesophageal reflux disease; hemorrhoids; spinal stenosis; temporomandibular joint dysfunction; ulcerative colitis; urinary incontinence; uterine fibroids or varicose veins.  The bill was approved by the Senate Health, Housing and Family Security Committee on March 12 and re-referred to the Senate Finance Committee.  The House companion is HF1140.
  • SF633 authorizes Medical Assistance coverage for caries prevention services as part of the Child and Teen Checkup program.  It requires primary care health care providers to perform the service.  This bill was approved and advanced to the full Senate, from which it was re-referred to the Senate Finance Committee.  The House companion is HF984.
  • SF460 prohibits Medical Assistance, General Assistance Medical Care and MinnesotaCare from paying hospitals for hospital-acquired conditions and for hospital treatment reportable as adverse health care events.  It also prohibits patients who receive the treatments from being billed.  The bill was also approved on March 12 by the Senate Health, Housing and Family Security Committee and advanced to the Senate Finance Committee.  The House companion is HF802.

Other Senate health reform bills are:


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.

Kathy Tomsich, lobbyist, (651) 490-1809

In a rare show of bipartisanship, the Senate Transportation Committee unanimously passed SF345, a bill authored by Sen. LeRoy Stumpf (DFL-1-Plummer) that would create enhanced drivers' licenses and enhanced identification cards to make it easier for citizens to cross the Canadian border.

The card would be approved by the Department of Homeland Security and would have an embedded radio chip to identify you as a U.S. citizen at any border crossing.  It was argued that an enhanced driver's license would be a convenience to residents of the Arrowhead Region, resort owners, fishermen, hunters, and anyone who lives close to the Canadian border as these people frequently cross the border.  Many do not see a need to obtain a passport as they have no intention of traveling outside of North America.

There were concerns that this bill would be a back-door to the implementation of a national ID card.  However, Sen. Stumpf stated that, "it is not a REAL ID."  He pointed out that, "this would be totally voluntary; a person would not be required to have an enhanced driver's license"; this made the bill less objectionable.  Both the unanimous vote and the fact that no one from either side of the aisle had any objections indicate this bill has a very good chance of success this session.  It was referred to the Senate Judiciary Committee.

The companion bill, HF1005 authored by Rep. Roger Reinert (DFL-07B-Duluth), ended up in the House Transportation and Transit Policy and Oversight Division and has a hearing scheduled on March 26.

Bills just introduced (HF1718/SF1615) relate to a section of LWVMN's immigration position, specifically recognition of the matricula consular, an identity card issued by the Government of Mexico, as an acceptable document to prove identity for obtaining a driver's license.

This is a public safety issue, for all drivers, including the undocumented, should be required to pass a driver's test and also to be insured.  Under Minnesota rules, government identity documents issued by other countries, with a few exceptions, are not recognized as proof of identity for a driver's license.

This rule would be revised under these bills, authored by Rep. Karen Clark (DFL-61A-Minneapolis) and Sen. Scott Dibble (DFL-60-Minneapolis).  A "government identification card" would be included in the list of primary documents that could be used to prove identity for obtaining a driver's license.  The bill defines a "government identification card" to mean a document issued by a country other than the U.S. that contains the full name and date of birth of the cardholder, a photo, a unique identification number, and security features so the card is impervious to alteration.

To say that this bill will have a difficult time while Gov. Tim Pawlenty is in office is an understatement.  However, we are hoping this bill will start a conversation and that the Ethnic Heritage and New American Working Group will provide a resource for legislators who are interested in learning more about this issue.

The bill was referred to the House Transportation and Transit Policy and Oversight Division and the Senate Transportation Committee.


REAL ID

LWVUS Position:  LWVUS believes in the individual liberties guaranteed by the Constitution of the United States.  LWVUS is convinced that individual rights now protected by the Constitution should not be weakened or abridged.

Judy Stuthman, LWVMN Co President, (651) 644-8588

In spite of the above position, LWVUS does not have a position on REAL ID or on a national identification card.  In 2005 Congress passed the REAL ID Act, a federal law that imposes certain uniform standards for all states to follow when issuing driver's licenses.  In fact, it would federalize state driver's licenses and create the nation's first-ever de facto national identity card system, if implemented.

REAL ID was passed without discussion as part of the Indonesian tsunami relief bill in 2005.  This card (or a passport) will be needed by Jan. 1, 2010 for a person to fly on a plane or enter a federal building or courthouse.  The original deadline was to be May, 2008, but many believe the technology to protect the data base was not available by the original deadline and still is not sufficiently developed at this time.

REAL ID requires private information to be encoded on the card, information that will be stored in a single massive federal data base, and the information must be readable in all states by common machine-readable technology.  This enormous electronic infrastructure would allow government and law enforcement officials – or whoever else hacks in – to track Americans' activities and movements.

This is a threat from many points of view.  REAL ID's vast network of interlinking databases would contain enormous amounts of Americans' personal information – such as Social Security numbers, photos and copies of birth certificates – and would be accessible to federal and DMV employees across the 50 states and U.S. territories.

It is also an unfunded mandate imposed by the federal government on state governments, and with this in mind, many states have suspended efforts to implement the bill.

HF988, authored by Rep. Carlos Mariani (DFL-65B-Saint Paul), prevents the Minnesota Department of Public Safety from taking any steps to implement or plan for implementation of the federal REAL ID Act of 2005.  It does not in any way compromise the safety of a Minnesota Driver's License.

This bill, known at the ANTI-REAL ID, was heard in the House Transportation and Transit Policy and Oversight Division and passed unanimously.  It has support from those on the left, those on the right and those in the center.  Concerns include privacy and expense.  Charles Samuelson, Executive Director of the ACLU of Minnesota testified for the bill.  He reported that the most recent estimates of the cost to MN to implement the REAL ID are $12 million in the first year with ongoing costs of $19 million in each of the next two years.

The next hearing is in the House Public Safety Policy and Oversight Committee on March 24.  Its Senate companion, SF738 sponsored by Sen. Warren Limmer (R-32-Maple Grove), awaits a hearing in the Senate Transportation Committee.