LWVMN Capitol Letter™ -May 30, 2008

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.

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The Clean Water, Land and Heritage Amendment

What is the Clean Water, Land and Heritage Amendment?

On November 4, 2008 voters will be asked the following question on their ballots:

"Shall the Minnesota Constitution be amended to dedicate funding to protect our drinking water sources; to protect, enhance, and restore our wetlands, prairies, forests, and fish, game, and wildlife habitat; to preserve our arts and cultural heritage; to support our parks and trails; and to protect, enhance, and restore our lakes, rivers, streams, and groundwater by increasing the sales and use tax rate beginning July 1, 2009, by three-eighths of one percent on taxable sales until the year 2034?"

Why is LWVMN supporting this constitutional amendment?

We began with our LWV positions:

LWVUS on Natural Resources - Promote an environment beneficial to life through the protection and wise management of natural resources in the public interest.

All our many environmental positions, LWVUS and LWVMN, flow from this, which is found on p. 41 in Impact on Issues 2006-2008.

LWVMN on Government Spending - LWVMN believes long-term vision as well as immediate concerns should guide state spending decisions. LWVMN strongly supports the following broad goals (by priority): ...3. Protect the state's natural environment... p. 7 in Program for Action 2005-2007.

LWVMN has no position on constitutional amendments, but we generally oppose amendments in lieu of straightforward legislation, and we always evaluate proposals with care.

The facts of the environmental funding debate are several:

Conservation funding, as a percent of the general fund, is at its lowest point in 30 years.
There is no immediate prospect that funding will increase to meet the need in time to avoid serious harm to the environment.
The decreasing funding is resulting in downward trends in wildlife populations, wetland protection, preservation of other critical habitat, state park funding, public access to outdoor recreation, and the water quality of our lakes, rivers and streams.
Minnesota's population is projected to increase by 1.2 million in the next 25 years (24%), which will increase the stress on all of the above
It is anticipated that one million acres of natural areas and farmland will be lost to residential and commercial development if no action is taken.

After a presentation by a representative of the Trust for Public Lands and a thorough discussion, LWVMN's board voted unanimously to support the amendment to dedicate funding from an increase in the sales tax to cleaning up and protecting our environment and to preserving the arts and our cultural heritage. A detailed discussion of events leading up to and including this decision can be found in the first five issues of the Capitol Letter for the 2007 legislative session, in the articles on "Environment." The bill, HF2285, passed in February, 2008.

Given our positions and the facts of the case, the board felt that it had no choice but to support this amendment, "in the public interest." Once the forests are cut down, the farmland covered with housing developments, the wetlands filled in, and the lakes and streams more thoroughly polluted, the damage cannot be undone. The Minnesota we all love will be gone, leaving nothing of our natural heritage for our kids and grandkids.

Why is this important?

40% of waters that have been tested are polluted, unsafe for swimming or fish consumption. Only 14% of our lakes and 8% of our streams have been tested.
Only 1% of original prairies remain and we have lost over 42% of our wetlands, up to 90% in the prairie pothole region critical to wildlife.
One in four wildlife species and one in five plant species in Minnesota are threatened or endangered; invasive species threaten our forests, prairies, wetlands, lakes and streams.
Development is threatening our access to forests, lakes and streams for watching wildlife, hunting, fishing and hiking. Future generations will not enjoy the same opportunities we have had to lead healthy, active lives.

How will Minnesota benefit from this funding?

Funding from the amendment will:

Protect drinking water sources;
Identify and restore polluted lakes, rivers, streams and groundwater;
Protect, enhance and restore wetlands, prairies, forests and fish, game & wildlife habitat;
Protect arts and cultural heritage; and
Support parks and trails.

Education

LWVMN Position: LWVMN believes 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

As has been mentioned in this column before, following the twists and turns of the education bills is both confusing and frustrating. You probably read that the House and Senate passed both SF3001, the omnibus education policy bill, and HF6, the omnibus education funding bill. Gov. Tim Pawlenty (R) then vetoed both on May 13, 2008 and May 16, 2008 respectively. He objected to some provisions in the policy bill and was opposed to a two-year moratorium on the use of QComp money for new school districts interested in trying the QComp program.

The comparatively new phenomenon of the "global agreement" on education now had to be negotiated. Key legislators meet privately with the governor and his staff, and there are dramatic press conferences outside the governor's office as the capitol press corps, and exhausted lobbyists desperately try to find out what is happening.

In the final hours of these negotiations in the early morning of Sunday, May 18, an agreement was reached. The final bill provides an additional across-the-board increase of 1 percent, or $51 per pupil, for the 2008-09 school year. Much of the increase, which costs $44 million, will be financed from budget reserves; other revenue will come from some of the state's unused Q Comp money.

This would not have happened without great leadership from the chairs of the various education committees: Rep. Carlos Mariani (DFL-65B-Saint Paul), Rep. Mindy Greiling (DFL-54A-Roseville), Sen. Chuck Wiger (DFL-55-North Saint Paul) and Sen. LeRoy Stumpf (DFL-1-Plummer). House Speaker Rep. Margaret Anderson Kelliher (DFL-60A-Minneapolis) kept the $51 increase per pupil across Minnesota as a final bargaining chip with the governor. It was a masterful job, judging by the results. Thanks to all is in order.

LWVMN members deserve thanks for calling the governor and legislators, keeping the pressure on to reach an accord that provided new money for all students. It is difficult for those of us who know the needs in the schools and who care deeply about our children to witness what appears to be a political game over funding for our schools.

The education portion of the funding bill included the following:

$51 per pupil unit in one-time money;
Permission to transfer, one time, $51 per pupil from a school district's operating capital to their general fund;
Increased revenue for pre-kindergarten screening;
Increased revenue for the school milk program;
An extension of the special education task force;
An appropriation for the Principal's Leadership Academy;
A correction in the referendum ballot language for referendum renewal questions;
Portfolio process in place for teacher certification;
Reciprocity for bordering states;
State schools must set aside $3 in safety levy, granted last year, for school support staff such as counselors and social workers;
Task force for early childhood expanded; and
School trust funds 2010 go to education from the DNR at $30 per pupil. This is $1.8 billion over 5 years.

LWVMN is part of the P.S. Minnesota Coalition and we will be cooperating with the PTA and School Districts across Minnesota to inform citizens about the possibilities for more fair and adequate funding in Minnesota. The HF4178/SF3828, bills modifying the school finance system, were described in the April 16 Capitol Letter™. Hearings on these bills will be held this summer. The two that are scheduled to date are noted below.

New Minnesota Miracle - White Bear Lake
6/10/2008 7:00 PM
K-12 Finance Hearing
Central Middle School Theater; 4857 Bloom Ave; White Bear Lake, MN 55110
Chair: Rep. Mindy Greiling
Agenda: HF4178 (Greiling) Modifying the school finance system and creating a new education funding framework

New Minnesota Miracle - Brainerd
6/16/2008 7:00 PM
K-12 Finance Hearing
Board Room; Washington Educational Services Building; 804 Oak St; Brainerd, MN 56401
Chair: Rep. Mindy Greiling
Agenda: HF4178 (Greiling) Modifying the school finance system and creating a new education funding framework

Thanks to Mary Cecconi and Parents United for Public Schools for some of this information.

Election Law

LWVUS Position: LWVUS believes voting is a fundamental citizen right that must be guaranteed.

LWVUS Position: LWVUS promotes the election of the President and Vice President by direct popular vote and abolish the electoral college. Support uniform national voting qualifications and procedures for presidential election.

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

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

The Voting Rights Coalition (VRC) enjoyed great success in our legislative agenda this past session, based largely on (1) the leadership of the Office of the Secretary of State (OSS) and Beth Fraser, the OSS director of government affairs, (2) the hard work of our lobbyists in both the 2007 and 2008 sessions, and (3) the leadership of the excellent authors of our major bills.

In March, the report of the administrative law judge supported the rules changes proposed by the OSS. VRC members wrote individual letters to the OSS supporting these changes because they expand access to the polls and clarify some issues for election judges. (Capitol Letter™, 4/3/08) The governor has accepted this report.

Also in March we had our first legislative victory with the passage of the bill providing for automatic updates of the voting rolls. SF1297/HF1546 was sponsored by Sen. Dan Larson (DFL-63-Bloomington) and Rep. Steve Simon (DFL-44A-Saint Louis Park). It passed the Senate 63-0 and the House 112-18. (You can find a link to roll-call votes if you click on bill numbers.)

The bill including language requiring Election Day challengers to prove that they are Minnesota citizens passed both houses unanimously. SF1298/HF1110 was sponsored by Sen. Linda Higgins (DFL-58-Minneapolis) and Rep. Bill Hilty (DFL-08A-Finlayson) and was signed by the governor on April 25.

SF2574/HF3172 contained language from a number of bills the VRC supported. Included were these two: SF208/HF678, sponsored by Sen. Kathy Sheran (DFL-23-Mankato) and Rep. Jeremy Kalin (DFL-17B-Lindstrom), expands agent delivery of ballots; and SF753/HF965, sponsored by Sen. Sandy Rummel (DFL-53-White Bear Lake) and Rep. Carol McFarlane (R-53B-White Bear Lake), allows election judges who are not affiliated with a major party, as long as judges from two major parties are present at the polling place.

The Uniformed and Overseas Citizens Absentee Voting Act, SF1218, was sponsored by Sen. Sharon Erickson Ropes (DFL-31-Winona) and Rep. Kalin. It allows electronic transmission of absentee ballots in certain circumstances as a way to reduce barriers for Americans abroad on Election Day. It was signed by the governor on April 17.

Finally, in a victory for VRC member Citizens for Election Integrity, an innovative law allowing losing candidates to call for manual recounts in select precincts was signed into law on May 16. The partial discretionary recount, HF3699, was sponsored by Rep. Hilty and Sen. Ann Rest (DFL-45-New Hope) and is believed to be the first of its kind in the nation. It is a cost-effective way for candidates to have the election results in specific precincts verified.

The law expands on provisions of Minnesota's recount law which provides for recounts in races within a margin of victory of 0.5%. Under the new provision, candidates in any contest with a 5% margin of victory may call for a hand recount, at their expense, of up to three precincts. If the requested recount shows a difference greater than 0.5% compared to the Election Day results, there will be hand recounting of additional precincts. That could lead to a contest-wide recount if more disparities between the reported results and the hand counts are discovered. If the outcome of the election is changed, the challenging candidate will be reimbursed for the initial expense.

According to Rep Hilty, "Candidates tend to know the voting patterns in their districts. The law will provide an effective and cost-effective tool for candidates to investigate any possible anomalies or departures from past voting patterns."

Secretary of State Mark Ritchie said the law is "another important incremental step in increasing voter and candidate confidence in state elections."

Thanks to Mark Halvorson of Citizens for Election Integrity for some of this information.

Reproductive Choice

LWVUS Position: Protect the constitutional right of privacy of the individual to make reproductive choices.

Lonni Skrentner, intern lobbyist, (952) 994-7804

There were two small victories in the choice area, both aiding in the treatment of sexually transmitted infections (STI). A new law allows nurses to dispense all contraceptives, rather than just oral contraceptives. Another law called Expedited Partner Therapy (EPT), allows a person getting a prescription to treat an STI to also get a prescription for his/her partner without requiring the partner to come in. This was a victory that will help prevent unintended pregnancies as well as aid in the treatment of STIs.

Gov. Tim Pawlenty (R) threatened to veto the comprehensive sex education language in the omnibus education bill again this year, so the language was again removed. Members of the Coalition for Responsible Sex Education have pledged to continue the fight on this issue. The health of our children is at stake.

Leadership from Sen. Sandy Pappas (DFL-65-Saint Paul) and Rep. Neva Walker (DFL-61B-Minneapolis) will continue to be important as well. Please take a moment to thank these two legislators for their work in this area.

Environment

LWVUS Position: LWVUS believes that 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.

LWVUS Position on Family and Child Issues: LWVUS supports policies and programs. . . that promote the well being, encourage the full development and ensure the safety of all children.

LWVMN Position: LWVMN promotes an environment beneficial to life though the protection and wise management of natural resources in the public interest by recognizing the interrelationships of air quality, energy, land use, waste management and water resources.

Allene Moesler, lobbyist, (507) 263-0726

Natural Resources

The Minnesota Legislature approved the Natural Resource and Cultural Heritage Amendment, HF2285, in the first week of the 2008 session. Voters will have the opportunity to approve dedicated funding on the November general election ballot. If approved, the amendment will dedicate 3/8ths of 1% of the state sales tax for natural resources and parks, as well as arts and cultural heritage. LWVMN supports this amendment.

In addition, the bonding package included funds for long-term investments directed to protecting Minnesota's waters, priority lands and maintaining parks and trails. A major portion of the funding will go to acquiring a large parcel of land for a state park on the shores of Lake Vermillion in Northern Minnesota.

Finally, passage of the supplemental capital investment bill on Sunday, May 18, guarantees funding for the Central Corridor and for Lake Vermilion State Park. This is an important victory for Minnesota's lakes, rivers and streams; forests and natural areas; clean air; and parks and trails.

The bill will provide $70 million for the essential Central Corridor transit line linking Minneapolis and Saint Paul and sufficient funds to purchase lands to create a new Lake Vermilion State Park in northeastern Minnesota.

"Support for the Central Corridor and Lake Vermilion State Park is a strong finish by the Legislature for Minnesota's lakes, land and air," said Steve Morse, executive director of Minnesota Environmental Partnership (MEP), the statewide coalition with which LWVMN works. "By supporting this agreement lawmakers have shown that they share Minnesotans' values for our Great Outdoors and our way of life and want to pass that legacy onto our children and grandchildren.

Product Safety

Gov. Tim Pawlenty (R) vetoed legislation intended to reduce exposure of infants and children to three commonly used chemicals that have been shown to cause various developmental abnormalities in animals. Bisphenol-A (BPA) and phthalates are found in many plastic items used by children. Safer alternatives are available. Phthalates were removed from the original legislation with the expectation that Gov. Pawlenty would approve elimination of BPA. He cited lack of sufficient scientific evidence that the chemicals pose danger to children. Using the same explanation, Gov. Pawlenty also vetoed elimination of a specific fire retardant that has been shown to be toxic. Please see the last Capitol Letter™ for more information.

The European Union implements the "precautionary principle" when it comes to approving certain classes of chemicals that may be toxic. The chemicals must be demonstrably safe before they can be approved for widespread use. In the United States, chemicals must be proven harmful in order to be denied approval, but very few chemicals are actually tested.

LWVMN worked with the recently formed organization, Healthy Legacy, on this legislation.

Other legislative issues include:

Early Action to Reduce Emissions of "Superwarmers": High Potential Greenhouse Gases – Users and manufacturers of "superwarmers," gases that trap heat thousands of times more effectively than carbon dioxide, must now report how much is used or made to the MPCA. The goal is to reduce emissions of high-potential greenhouse gases.

Great Lakes Invasive Species Ballast Water – This initiative was passed as part of the Permanent School Trust Fund bill, SF3056. The law requires ballast water management plans and ship logs to address the threat posed by invasive species such as viral hemorrhagic septicemia, which can be transmitted through discharge of ballast water.

Lessard-Heritage Enhancement Council – This initiative was passed as part of the omnibus game and fish bill, SF2651. The law establishes a council of twelve members that will make recommendations to the Legislature on appropriations of money from the outdoor heritage fund, which will be created if the Clean Water, Lands and Legacy Amendment is passed by the voters this fall.

Environment/Trails and OHVs

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

The last issue of the session for our Traditional Use coalition was the effort by Rep. David Dill (DFL-06A-Crane Lake) to prohibit Minnesota Conservation Officers from enforcing federal laws pertaining to speed limits on snowmobiles or ATVs, to the prohibition of ATVs in the park, or to the prohibition of commercial float planes on the waters in Voyageurs National Park which are under the state's jurisdiction, as noted in the last Capitol Letter™.

The goal of this provision in Rep. Dill's delete-all version of SF2651, the omnibus game and fish bill, would have the effect of reducing the risk of getting caught breaking federal ATV and float-plane laws and regulations in Voyageurs National Park. In addition to prohibiting ATVs, the park has a regulation prohibiting private floatplanes on all waters in the park except the major lakes. This is to help prevent the spread of the spiny waterflea, an aquatic exotic invasive species.

Our coalition was seriously concerned about this proposal. Given the small number of US forest rangers, it would have made Voyageurs National Park very close to an unregulated playground for mechanized recreation with all the damage one might expect to its lakes and rivers, streams and wetlands, to say nothing of the scourge of invasive species.

We have Senate conferees Sen. Ellen Anderson (DFL-66-Saint Paul) and Sen. Dennis Frederickson (R-21-New Ulm) to thank for removing the offensive language and replacing it with the requirement that the DNR, in cooperation with "the attorney general, stakeholders, and a representative from Voyageurs National Park, shall report… on any state and federal contractual agreements and the legal relationship between the state and federal authorities relating to the navigable waters under the state's jurisdiction…[and] shall make recommendations, including any draft legislation, on how to appropriately share enforcement duties between state and federal officials."

The next move for advocates is to gather a group of stakeholders, preferably stakeholders trained in the law, and review how best to ensure law enforcement relating to mechanized recreation in Voyageurs National Park.

Energy

LWVUS Position: LWV supports energy goals and policies that acknowledge the United States as a responsible member of the world community; reduction of energy growth rates; use of a variety of energy sources, with emphasis on conserving energy and using energy-efficient technologies; the environmentally sound use of energy resources, with consideration of the entire cycle of energy production; predominant reliance on renewable resources; policies that limit reliance on nuclear fission; action by appropriate levels of government to encourage the use of renewable resources and energy conservation through funding for research and development, financial incentives, rate-setting policies and mandatory standards; mandatory energy conservation measures, including thermal standards for building efficiency, new appliance standards and standards for new automobiles with no relaxation of auto-emission control requirements; policies to reduce energy demand and minimize the need for new generating capacity through techniques such as marginal cost or peak-load pricing or demand management programs; maintaining deregulation of oil and natural gas prices; assistance for low-income individuals when energy policies bear unduly on the poor.

Marilyn Morem, lobbyist, (507) 289-7831

Governor Signs Cap-and-Trade Legislation

On May 19, 2008, Gov. Tim Pawlenty signed the Green Solutions Act, aka the Cap and Trade bill, into law. The Conference Committee Report that was sent to the governor for his signature was passed by the House 96-26 on May 13, 2008, and by the Senate 41-22 on May 15, 2008.

The bill, sponsored in the House by Rep. Kate Knuth (DFL-50B-New Brighton) and in the Senate by Sen. Ellen Anderson (DFL-66-Saint Paul), establishes a place for the legislature in the negotiations for a regional greenhouse gas cap and trade program and calls for studies on the potential impacts of such a program.

Specifically, the legislation establishes a Legislative Greenhouse Gas Accord Advisory Group comprised of six members of the legislature. Three Senate members, including one minority party member, are to be appointed by the Subcommittee on Committees of the Committee on Rules and Administration. Three House members, including a minority member, are to be appointed by the Speaker of the House. This advisory group is to advise the Governor's Midwestern Greenhouse Gas Accord Stakeholder Group until that group is dissolved.

The legislation also states that any cap and trade agreements established under the Midwestern Greenhouse Gas Accord are not effective in Minnesota until the Minnesota legislature has enacted a law to that effect.

The legislation also calls for two studies. The first study is to analyze the economic, environmental, and public health costs and benefits of a cap and trade program in Minnesota. The second study is to evaluate the potential revenues to the state from a cap and trade program and how those revenues could be used to mitigate economic disparities that could potentially result from a cap and trade program.

These bills as originally introduced in the House (HF3195) and Senate (SF2818) included a statement that it was the intent of the legislature "that a cap and trade program be implemented in Minnesota to help achieve the greenhouse gas emissions reductions goals" of the state. However, during the bills journeys through the House and Senate, this language of intent was removed from the bills in order to alleviate some opposition. See the Capitol Letter™, March 5, for an explanation of the bills as introduced.

‘Clean Car' Vehicle Emissions Standards Fails to Get Through Legislature

The odds facing the proponents of the Clean Car Act (HF863/SF481) proved to be too great to overcome in this legislative session. The House bill, sponsored by Rep. Melissa Hortman (DFL-47B-Brooklyn Park), narrowly made it out of the House Finance Committee in late April, received its second reading in the House on May 7, and was placed on the House Calendar of the Day for May 8. However, the House floor did not vote on the bill.

On the Senate side SF481, sponsored by Sen. John Marty (DFL-54-Roseville), stalled in the Business, Industry and Jobs Committee, where it was received in March. Chairman Sen. Jim Metzen (DFL-39-South Saint Paul). was reluctant to give the bill a hearing and finally did so after telling lobbyists his committee would kill the bill.

It finally made it on the committee's agenda for May 12, but because of the late notice of the agenda only partial testimony on the bill was heard. Opponents of the bill testified on the 12th, including a representative of the Alliance of Automotive Manufacturers who stated that the California program (which is the basis for the Clean Car Act) does not support flex-fuel vehicles or the E85 infrastructure that is strong in Minnesota. On the 15th, the committee heard from supporters of the bill, who stated that standards would not harm the ethanol industry and that its enactment by Northeastern states has resulted in a reduction of smog-forming pollution.

In the end, the committee defeated adopting the California standards for lowering vehicle emissions. The vote in the committee on May 15, 2008, was 7-10.

Those voting in favor of the bill: Sen. Terri Bonoff (DFL-43-Minnetonka); Sen. Jim Carlson (DFL-38-Eagan); Sen. Ron Latz (DFL-44-Saint Louis Park); Sen. Geoff Michel (R-41-Edina); Sen. Steve Murphy (DFL-28-Red Wing); Sen. Linda Scheid (DFL-46-Brooklyn Park); and Sen. Kathy Saltzman (DFL-56-Woodbury).

Those opposed to the bill: Chairman – Sen. Metzen; Sen. Tom Bakk (DFL-6-Cook); Sen. Dick Day (R-26-Owatonna); Sen. Chris Gerlach (R-37-Apple Valley); Sen. Joe Gimse (R-13-Willmar); Sen. Amy Koch (R-19-Buffalo); Sen. Julie Rosen (R-24-Fairmont); Sen. Rod Skoe (DFL-2-Clearbrook); Sen. Dan Sparks (DFL-27-Austin); and David Tomassoni (DFL-5-Chisholm).

Passage of these bills would have put Minnesota in the company of 14 other states (Arizona being the latest) that have enacted California's stronger vehicle emission standards rather than those required by federal regulation.

Agriculture

LWVMN Position: LWVMN supports 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. State policy should support research and technical assistance in farming practices and rural economies that improve the economic viability of family farms, environmental health, and the quality of life of family farmers and their communities.

Guest commentary – Bobby King, LWVMN member and Land Stewardship Project lobbyist

Efforts to Undermine Local Control & Township Rights Fail.

Land Stewardship Project (LSP) worked with other groups such as the Minnesota Association of Townships and Minnesota Farmers Union to ward off attempts to weaken local control in the state. One proposal pushed by development interests would have weakened the power of local governments to enact interim ordinances when unanticipated development projects such as factory farms, housing subdivisions or big box stores like Wal-Mart are proposed in a community.

Interim ordinances allow local governments to put a temporary hold on proposed development while a community assesses what planning and zoning is needed to protect the area's quality of life. The proposed bill would have changed the law so that merely submitting a completed application for a permit exempted the proposal from being stopped by the interim ordinance

Rep. Ken Tschumper (DFL-31B-La Crescent), vice-chair of the Local Government and Metropolitan Affairs Committee, worked with Committee Chair Rep. Debra Hilstrom (DFL-46B-Brooklyn Center) to ensure that the bill was tabled and Rep. Hilstrom instructed the bill's backers to work with the townships and LSP to find a compromise that addresses concerns about local control. Rep. Larry Hosch (R-14B-Saint Joseph), the bill's author, also expressed interest in addressing concerns.

Sen. Steve Dille (R-18-Dassel) revived his effort to pass a bill from last session that would undermine township rights. As introduced, SF1402 attempted to press local units of government into adopting the State "Livestock Production Policy." The bill also dictated to counties and townships how they must go about preserving farmland and open spaces.

"The Livestock Production Policy was created by Sen. Dille in 2004 to promote more livestock, not more family farms," according to Paul Sobosincki, LSP Policy Program Organizer and livestock farmer. "Preserving farmland and open space is critical for rural Minnesota, but detailed requirements imposed by the state are not the appropriate way to address a complicated problem that varies from one area of the state to the next."

Under pressure from LSP and others the bill was amended to take out any reference to the "State Livestock Policy," as well as any language that undermined township and county rights. The bill did create a task force to look at the issue of preserving farmland. LSP believes that this issue must be addressed, but will be watching to see that the task force's recommendations do not negatively affect local control.

Livestock Improvement Grants will Work for Family Farmers & Sustainable Agriculture

A family-sized livestock operation can accomplish a lot with a grant of $4,000—renovate several acres of pasture or retrofit a milking parlor, for example. But a proposal before the 2008 Minnesota Legislature would have required farmers to spend $40,000 before they could qualify for a grant program that would reimburse part of those costs. The grant would have been equal to 10% of the value of the improvements made, with a cap of $500,000 in improvements. So a livestock farmer spending $40,000 on improvements would be eligible for a $4,000 grant.

Such a high threshold puts small- and medium-sized farms, including those that are organic and sustainable, at a competitive disadvantage to large-scale livestock operations. Plus, since the program was to be first-come, first-served, the $40,000 threshold would have drained the program's $1 million budget, limiting the program to 250 producers at a maximum.

LSP worked to lower the Livestock Improvement Grant Program's qualifying expenditure amount from $40,000 to $4,000. In addition, LSP was successful in making pasture improvements such as fencing, water lines and animal lane construction eligible for the grant program. On the House side, Rep. Aaron Peterson (DFL-20A-Appleton) and Rep. Bud Heidgerken (R-13A-Freeport) were instrumental in making this change. On the Senate side, Sen. Gary Kubly (DFL-20-Granite Falls), Sen. Sharon Erickson Ropes (DFL-31-Winona) and Sen. Dan Skogen (DFL-10-Hewitt) were leaders in making this program more family farmer friendly.

Efforts to Move Bioenergy Beyond Row Crops Fails - no Funding for RIM-Clean Energy.

Unfortunately, key policy-makers at the Capitol failed when it came to creating an infrastructure for sustainable biofuels production. Reinvest in Minnesota (RIM)-Clean Energy is an initiative that would pay farmers to grow native perennials such as prairie grass for bioenergy.

Moving biofuel production beyond row crops such as corn and soybeans is essential to addressing soil erosion, lowering carbon emissions and increasing net energy efficiency.

RIM-Clean Energy, which was supported by LSP, LWVMN and 46 other conservation, wildlife and environmental groups, was authorized by the 2007 Minnesota Legislature. The mechanics of RIM-Clean Energy, which included a tiered system that tied increased plant diversity to higher payment amounts, were developed by this coalition during the summer of 2007. However, RIM-Clean Energy needed funding in 2008 to get it off the ground. LSP and the other groups sought $46 million in bonding funds, which would have provided for approximately 13,000 acres of native perennials on farmland.

Sen. Ellen Anderson (DFL-66-Saint Paul), Chairwoman of the Senate's Environment, Energy and Natural Resources Budget Division, was an ardent supporter of the proposal. Early in the session, her committee recommended $15 million in bonding. Unfortunately, Gov. Tim Pawlenty (R) recommended only $3.3 million, and the House of Representatives provided no funding at all. In the end, RIM-Clean Energy received no money.

However, biofuels from row crops got a boost when the Legislature passed and Gov. Pawlenty later signed into law a mandate that the amount of biofuels included in diesel fuel increase from 2 percent to 20 percent by 2015. Row crops such as soybeans are major sources of biodiesel.

The decision on the part of the Legislature and the governor to increase the biodiesel mandate while zeroing out RIM-Clean Energy is particularly troubling given that biofuel demand is already increasing the acres of row crops on highly erodible land.

The sad fact is that no real steps were taken to move beyond row crops as sources of biofuel, and we have mandated an increase in biodiesel which increases the focus on row crops. Until we create incentives for perennial crops planted for bioenergy – the kind of incentives that now exist for corn- and soybean-based biofuels – they will not be planted. RIM-Clean Energy would have given us those incentives.

For more information on LSP's state policy work, e-mail Bobby King at or call LSP's Policy and Organizing Program at 612-722-6377.

Transportation

LWVMN's Transportation Position is based on LWVUS Natural Resources and Positions and the LWVMN State Government Spending Position.

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

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

LWVUS Position - Air Quality: LWVUS supports measures to reduce vehicular pollution, including... development of more energy-efficient transportation systems.

LWVUS Position - Land Use: Support for land-use planning that reflects conservation and wise management of resources.

LWVMN Position - State Government Spending: LWVMN supports maintaining a viable state-wide transportation system, including public transit.

Sally Sawyer, lobbyist, (612) 379-7199

Transportation was the issue that just kept coming! The transportation funding bill (see details in March 7 Capitol Letter™) passed into law by virtue of a veto override (thank you to all who called key legislators). As you will recall, six Republicans joined DFL legislators to override the veto by Gov. Tim Pawlenty (R) at great political cost.¹ No sooner had the bill become law than the Minnesota Department of Transportation (MnDOT) announced that it was now able to move up its schedule for evaluation and replacement of bridges that had been on the critical list. Among them were the trunk Highway 23 bridge in St. Cloud and the Lowry Avenue bridge in Minneapolis, both of which were subsequently closed, and the Hastings Bridge on Highway 61, which has been reduced to one lane each way.

Lt. Gov. Carol Molnau (R) failed to secure approval of her appointment as Commissioner of MnDOT from the Senate. The new Commissioner, Tom Sorel, is a civil engineer. A bill to require the head of MnDOT to be a licensed professional engineer passed the House on May 12. The Senate amended and passed on May 17, but the House did not take action on the amended bill.

There was ongoing drama over funding for the Central Corridor Light Rail. To nearly everyone's surprise, Gov. Pawlenty vetoed $70 million in the capital investment finance (bonding) bill, although he had included it in his own bonding proposal. Behind the scenes negotiations/horse-trading secured agreement on a supplemental bonding measure that included the $70 million for the Central Corridor. This ensures $450 million in federal funds for the project. Rep. Alice Hausman (DFL-66B-Saint Paul) has received Minnesota Environmental Partnership lobbyist John Tuma's coveted Sig Award (for Sigurd Olson) for her fine work on this issue; Speaker of the House Rep. Margaret Anderson Kelliher (DFL-60A-Minneapolis) has been widely praised for her cool-headed leadership through the supplemental bonding bill debate.

More drama ensued as counties in the seven-county metropolitan area debated imposing a 1/2 cent sales tax to be used for transit operations; five of them voted to impose the tax and to enter into a joint powers agreement to oversee use of the funds raised. Finally, last week the Metropolitan Council voted for the Washington Avenue route through the University of Minnesota campus rather than the northern alignment route through Dinkytown, which route is vigorously advocated by the University. It appears that the decision is made and the debate is over, but we've heard that before. Hearings are being held this week along the route for businesses, residents and others to learn more about the impact of the Central Corridor on immediate surroundings.

Other transportation measures² include:

The 2007 omnibus transportation policy bill was signed into law by Gov. Pawlenty on May 8 after language concerning funding for Minnesota's compliance with the federal REAL I.D. Act was removed. A significant provision requires MnDOT to "report to the Legislature by November 1, 2009 on the state's long-term transportation needs and strategies to meet them." MnDOT, working in consultation with the Department of Employment and Economic Development, Metropolitan Council, counties, cities, and community organizations, is to develop a standard operating plan for informing small businesses about the impacts of transportation construction projects; the report is due Feb. 15, 2009.
The Urban Partnership Agreement was signed by Gov. Pawlenty on May 11th, thus ensuring $133 million in federal funds for measures to relieve congestion from downtown Minneapolis to Burnsville along the 35W corridor. See details in the May 12 Capitol Letter™.

¹All were immediately stripped of their Republican lead positions on committees, at least two of the six have decided not to seek reelection and at least two have failed to be endorsed for reelection by their party. See the March 5 Capitol Letter™ for details on the override vote.

²Source: Session Weekly, May 16, 2008

Immigration

New LWVUS Position: Immigration policies should promote reunification of immediate families; meet the economic, business and employment needs of the United States; and be responsive to those facing political persecution or humanitarian crises. Provision should also be made for qualified persons to enter the U.S. on student visas. All persons should receive fair treatment under the law.

LWV supports federal immigration law that provides an efficient, expeditious system (with minimal or no backlogs) for legal entry of immigrants into the U.S.

Further details can be found on the LWVUS website.

Judy Stuthman, LWVMN Board Member, (651) 644-8588
Kathy Tomsich, lobbyist, (651) 490-1809

"Tiptoe Thru the Tulips" comes to mind when talking about immigration and legislation, both possible and actual. People and organizations that work with immigrants have concern that this hot-button issue, and the discussion around it, can result in a reaction of negative legislation either in the introduction of new bills or amendments to bills during floor debate. So we tiptoe and try not to disturb anything. Bills are more easily tracked as they move through session, but amendments can be added at the last minute, and the fear is they can be based on false or wrong information. . .perhaps a news story or blog that appeared that day. This has especially been of concern over the past three years.

On the positive side, immigration advocates in the House and Senate have worked to provide accurate information to their fellow legislators and feel like each year they have made some progress. The Advocates for Human Rights (formerly known as The Minnesota Advocates for Human Rights) has helped by providing accurate information to legislators willing to listen, with an "Immigration 101" kit. Other organizations help to reach their members' legislators. Education is the best way to deal with the controversy surrounding immigration issues.

The U.S. needs a sane, workable policy that recognizes our labor and security needs and our aging population. The LWVUS position on immigration can be useful in educating our members of Congress. The present discussion of immigration can be loud, passionate and ugly, resulting in no progress on solving immigration issues.

Health Care

LWVUS Position: LWVUS believes a basic level of quality health care at an affordable cost should be available to all US residents. Other US health care policy goals should include the equitable distribution of services, efficient and economical delivery of care, advancement of medical research and technology, and a reasonable total national expenditure level for health care.

LWVUS favors a national health insurance plan financed through general taxes in place of individual insurance premiums [and] is opposed to a strictly private market-based model of financing the health care system... (1993)

Glenda Larson, lobbyist, (612) 377-3985

The major health-care reform bill proposed at the start of the legislative session in February, described as a bold, landmark effort, was considerably reduced by the time the Legislature and the governor reached agreement in the final hours of the session on May 18.

The health care reform bill, SF3780, includes the following:

Language encouraging healthy lifestyles through grants to local communities to implement strategies that will reduce both obesity and the use of tobacco.
Health care homes for participants in state healthcare programs with chronic illnesses. People with chronic illnesses account for 80 percent of health care costs. The purpose of health care homes is to improve medical care and decrease costs by providing comprehensive coordinated care by physicians, advanced practice nurses, physician assistants, personal clinicians and specialists.
Some increase in access to healthcare for participants in state programs. It expands coverage to 12,000 more individuals, far fewer than the 60,000 that were in the original bill.
Reform to make purchasing insurance more affordable, including electronic health records and e- prescribing.
Changes to the way doctors are paid by instructing health-care providers to establish package prices for "baskets of care." Uniform definitions for care (baskets) for a minimum of seven chronic health conditions will be established. Conditions that should be considered include coronary artery and heart disease, diabetes, asthma and depression.
The requirement that employers offer Section 125 plans for individuals to purchase coverage if the employer does not provide health insurance to employees.
A Health Care Reform Council to develop and implement (1) the certification, process and quality standards for health care homes, (2) the implementation of payment reform and (3) the development of a plan for providing subsidies to qualifying employees of employer-subsidized health coverage.
A work group to study the uniform claims review process.

In theory, the Health Care Access Fund (HCAF) was not raided to help with the budget deficit as the governor originally proposed. However, a one-time transfer of funds from the HCAF to the General Fund was part of the final agreement. The $50 million will be repaid when health reform measures result in an equivalent saving to the general fund.

The global modeling and cost analysis study of various health reform proposals did not survive in the Higher Education provision of the budget bill. This very useful provision was pulled from the bill when there was controversy over whether the Minnesota Department of Health, part of the executive branch of state government, or the University of Minnesota School of Public Health should conduct the study.

Thanks to the Minnesota Universal Health Care Coalition (MUHCC), Minnesota Physician MEDFAX and Session Weekly 5/16/08.

Health Care for Seniors and Workers

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

Seniors and Workers for Quality Care

This coalition consists of labor unions representing health care workers and advocate and service organizations working to improve care of the elderly and disabled. LWVMN is also a member.

Summary of the Seniors and Workers legislative program for 2008:

Rate increases and reimbursement system;
- Cost of living (COLA) increases for direct care staff working in (1) nursing homes and (2) home care & community services for the elderly and those with disabilities;
- Amend 2007 law on rebasing nursing home rates;
Health care for workers in nursing homes and home care & community services for the elderly and those with disabilities; and
Nursing home staffing - Statutory definition of terms and staffing levels in nursing homes.

Recap and Results

Rates, COLAs, and Rebasing
- For home and community based services, this year's 2% COLA will begin Oct. 1, 2008, a three month delay from the 2007 law which had a July 1 start date;
- For nursing homes, there will also be a 2% boost on Oct. 1, however, there is an unusual detail: 1% is COLA that goes into the base. 1% is a one-time "bonus." Future legislation will be needed to make that permanent;
- Rebasing (updating) nursing home rates will begin this year, with amendments to guarantee that no facility will receive less than a 1% rebasing increase, and none will receive more than 2.5%; and
- This much is set: There will be a total increase of at least 3% and as much as 4.5% this year. And, an important point, the COLA and bonus money must be targeted to staff in accordance with current law, with reporting and union sign off.
Health Care Reform: The study of affordable insurance for long term care workers is included in the bill that was presented to the governor and that he is expected to sign.
A bill including a staffing study of the need and possible methods for rebasing nursing home rates was signed on May 15. A meeting with the Department of Health officials to begin planning the course of the study is set for next month.
A bill giving the commissioner of heath authority to enforce the requirement that direct care staff and supervisors in a facility serving Alzheimer's patients have training in dementia care was signed by the governor on April 24 (SF3227).
The Family Caregiver Legislation was designed to allow employees to use their own sick leave to care for adult children, a spouse, parent or grandparent. Despite a 53-14 vote in the Senate, and 88-45 vote in the House, and steady compromises along the way, the Caregiver Sick Leave bill, SF1128, was vetoed by the governor on May 15. Related legislation for Caregiver Tax Credits never left the starting gate this session.

Mental Health

LWVMN Position: LWVMN supports a comprehensive and coordinated system of programs and services for mentally ill adults and emotionally disturbed children and adolescents (hereafter referred to as "persons with mental illness"). Priority should be given to persons with serious and persistent mental illness and/or acute mental illness. Minnesota public policy and funding should sustain an array of community-based services, which are available and accessible to persons with mental illness. Administration of that policy should provide clients with appropriate and adequate services.

Barbara Flanigan, lobbyist, (612) 928-8033

Summary of 2008 Legislative Action on Mental Health

2007 was a landmark year for mental health in Minnesota. Mental health services were funded generously—at least when compared to past allocations. More important, perhaps, was the passage of the Governor's Mental Health Initiative, with strong bipartisan support. The initiative changed the delivery of mental health services from a largely county-run system, with state supervision, to one where PINS—structures of private health plans and county governments—would be responsible for both mental and physical health needs of persons with mental illness who receive services through Medical Assistance, Minnesota Care and General Assistance Medical Care.

LWVMN initially opposed this legislation because of concern about the effect of this change on people with serious and persistent mental illness whose needs have a high priority in our position. Passage of provisions that made enrollment in the health plans voluntary was regarded as a valuable safeguard.

No major new legislation affecting services designed for persons with serious mental illness was passed during the 2008 legislative session. Despite the governor's commitment to limit spending because of the state's financial problems, he proposed no funding cuts for the Mental Health Initiative passed in 2007.

Two other legislative developments are worth mentioning. One was a proposal by the Prairie St. John's hospital group currently operating in Fargo, North Dakota. They asked for an exception to the moratorium on new hospitals in Minnesota to build a new psychiatric facility in Woodbury. At first they proposed more than 100 new psychiatric beds, though this was later reduced to 66 beds exclusively for children. This proposal passed the House of Representatives but failed in the Senate.

Two major concerns of the mental health community about this proposal were the questionable willingness of the proposed hospital to accept public-pay patients and the fact that the proposed new hospital would not address one of the key problems in finding places in existing hospitals—the shortage of psychiatrists, especially child psychiatrists, in Minnesota. In addition there was the concern that additional services should be directed toward community programs and housing for people with mental illness to prevent acute episodes and the need for hospitalization.

Testimony in support of the new hospital, however, highlighted problems in accessing hospital beds for psychiatric patients. A recent study recommends a minimum of 50 publicly financed psychiatric beds per 100,000 residents. Minnesota has a serious bed shortage, with only 20-40 beds per 100,000 residents, using this standard as a minimum. Testimony also focused on the long distances some patients have to be transported to available hospital beds. A major obstacle to discharging patients when they are ready to return to their communities is the absence of sufficient community resources, especially residential placements with strong supports. This lengthy wait for patients to be discharged reduces the number of beds for new admissions.

In a response to these issues, legislation was passed directing the commissioner of human services to appoint a workgroup of stakeholders to reduce the number of unnecessary patient days in acute care facilities. The group will make recommendations on how to meet the acute mental health needs of children and adults. They are to analyze the capacity and utilization of inpatient psychiatric beds and various community support services. The group is to report to the House and Senate by January 2009.

A second legislative development with possible ramifications for public mental health services was the insertion of a last-minute amendment in the major tax bill. The new three-year limit on county tax levy increases prompted the adoption of language which would free counties from meeting the "maintenance of effort" requirement for mental health and some other services. Without a public hearing or any discussion, a lobbyist for the Minnesota Association of Counties persuaded the Conference Committee on the tax bill to insert the provision. Coupled with the new levy limit on local taxation, this provision will jeopardize mental health services since counties will no longer have to maintain them at a stated level.

Since the passage of this provision, the Democratic leaders of the House and Senate have an agreement with Gov. Pawlenty that new legislation canceling this language will be introduced and passed in January 2009. There is still some concern about the final outcome.

This article is based on information from Kathy Kelso, Legislative staff for the Mental Health Association of Minnesota and on materials and conversations with the National Association for the Mentally Ill Minnesota (NAMI).

LWVMN Capitol Letter™

Volume XXXIV Issue 8, May 30, 2008