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© Copyright 2008 League of Women Voters of Minnesota.
All rights reserved.

LWVMN Capitol Letter™

Volume XXXIV Issue 7, May 12, 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.

Printable PDF Version

Contents:

Lobbying Tools

Archives


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

This short session has felt like a long journey.  Observing legislators debating hot educational issues such as QComp, sexuality education, early childhood education, a revised report card, as well as adequate funding for education has been baffling at times, especially during the debate on the 267 page omnibus budget bill, HF1812.  All state finance provisions, including education finance, are part of this bill.  The conference committee report was posted on May 12 and has yet to be heard at this writing.  If it passes, the governor may veto the bill and all the work on the individual bills, the committee hearings, the House and Senate discussions will be wiped away.

Late Thursday night Rep. Mindy Greiling (DFL-54A-Roseville) successfully moved to re-conference HF6, the omnibus early childhood, family, adult, and prekindergarten through grade 12 education finance bill.  This bill was passed and is part of HF1812; Rep. Greiling's move is the sole way to save this language if the governor vetoes HF1812.  The conference members are Rep. Greiling.  Rep. Nora Slawik (DFL-55B-Maplewood), Rep. Bud Heidgerken (R-13A-Freeport), Rep. Carlos Mariani (DFL-65B-Saint Paul), and Rep. Robin Brown (DFL-27A-Austin).  Senate conferees are Sen. LeRoy Stumpf (DFL-1-Plummer), Sen. Kathy Saltzman (DFL-56-Woodbury), Sen. Sandy Rummel (DFL-53-White Bear Lake), Sen. Chuck Wiger (DFL-55-North Saint Paul) and Sen. Patricia Torres Ray (DFL-62-Minneapolis).

Responsible, age-appropriate sex education was included in this bill, but later removed in conference committee.  For further discussion on this issue, see the article on reproductive choice.

Unfortunately, the governor is likely to veto this stand-alone bill as well.  The QComp reserve funds that the bill taps are the only source of funds to help provide a one time boost of $51 in the per-pupil payment to Minnesota school districts.  QComp is among the governor's favorite educational innovations.

The Senate passed the omnibus education policy bill (SF3001) on May 7.  According to Sen. Terri Bonoff (DFL-43-Minnetonka), this bill will provide parents with more academic information, help students to be physically active and healthy, and help enhance academic achievement by requiring that students stay in school until they are 18.

If signed into law, the bill will:

  • provide more accountability for schools through a revised state report card which includes a "growth model" testing provision;
  • encourage districts with disparities in academic achievement to develop a plan to improve the achievement of all students;
  • increase the compulsory age for attending school from age 16 to age 18;
  • require students to obtain a half credit in physical education to graduate;
  • require teacher preparation programs to provide instruction in historical and cultural competencies;
  • allow schools to participate in wind energy partnerships.

There are many other provisions in this 70-page bill.  Further information can be found on the Parents United for Public Schools website and the entire bill is available on line.

As the education lobbyist for LWVMN for five and a half years, I have seen the efforts of the Governor's Education Finance Task Force, which morphed into P.S. Minnesota when the Governor disbanded the task force, finally realized in the form of HF4178 and SF3828, sponsored by Rep. Greiling and Sen. Bonoff.  The goal of these bills is to create a new education funding framework, which will be considered in the next session.

The League of Women Voters is part of the P.S. Minnesota Coalition and we hope to participate in spreading the word about the need for a new Minnesota Miracle.  We will work with Mary Cecconi, Parents United and her Coalition, the PTA state organization and other educational organizations to help educate voters about this new possibility.

Thanks to Parents United for Public Schools for the information below.

2008 Education Finance Reform Bill

HF4178 / SF3828 Modifying the school finance system
and creating a new education funding framework

Coming to a Hearing near you!!

Attend one of these hearings and learn more about this bill—and bring a friend!!

  • New Minnesota Miracle - Champlin
    5/28/2008 7:00 PM
    K-12 Finance Hearing
    Room: Jackson Middle School Community Room; 6000 109th Ave N; Champlin, MN 55316
    Chair: Rep. Mindy Greiling
    Agenda: HF4178 (Greiling) Modifying the school finance system and creating a new education funding framework - More -
  • 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 - More -
  • 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

State Government Finance

LWVMN Position:  LWVMN supports 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:  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

Negotiations between legislative leaders and the governor continue with the adjournment date of May 19 looming closer.  The StarTribune reported at the writing of the Capitol Letter™ that the legislators' efforts to pass major budget bills were on hold as rumors circulated of a possible agreement.  Among the items waiting for a full agreement are closing the state budget deficit and property tax reforms.

The much-talked about bonding initiatives of the Central Corridor, the Minneapolis Veterans' Home and a possible new state park at Lake Vermillion passed in a bill sponsored by Rep. Alice Hausman (DFL-66B-Saint Paul) on May 12.  According the Session Daily, the language in HF4072 does not specifically address the projects, it "could act as a vehicle to put these projects back on the road" with further legislative action, when negotiations allow.

The state subsidy for the Mall of America parking ramp was also stripped from its omnibus bill and replaced with a plan that would, as reported by the StarTribune, put more of the financing burden on Bloomington and the mall.  It would also allow the state finance commissioner to inspect the mall's financial records to ensure that the project meets the "but-for" test of not proceeding without public subsidy.

With the current budget situation and the two sides still at odds, the term "unallotment" has entered into legislative conversation.  Because the state is constitutionally required to balance the budget, the governor has this tool to make cuts without legislative approval if no deal is reached.  House Research has this good report on unallotment and how it can be used.

It is far from certain, however, that the governor will use this tool.  Talks are currently underway and negotiations at this point of the session have a tendency to go from what appears to be a permanent stall to moving at breakneck speed towards an agreement.


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 U.S Supreme Court ruling which upheld Indiana's restrictive requirement that voters show a photo ID prior to casting a ballot was the big news on election law in the last two weeks.  As is well-known, LWV believes that voting is a fundamental right which must be guaranteed and we oppose any legislation whose effect would be to disenfranchise citizens by putting obstacles in their paths to the voting booth.  See the April 30, 2008 Capitol Letter™ for LWVUS President Mary G. Wilson's response to the Supreme Court decision.

On January 16, 2007, Rep. Tom Emmer (R-19B-Delano) introduced HF121, a bill that would (1) require proof of citizenship to accompany all voter registration applications or to be presented at the polls for same-day registration (passport, birth certificate or naturalization document), and (2) require everyone to show a picture ID before signing the voter roster on Election Day.  He has not had a hearing on his bill, but has offered the language as an amendment to a number of House bills since that time; each time his amendment has been ruled out-of-order or nongermane and there has been no vote.

On May 1, 2008, Sen. Warren Limmer (R-32-Maple Grove), co-author of the Senate companion to Rep. Emmer's bill, offered the language as an amendment to the omnibus state government policy bill.  One of his arguments for the bill was that we have many illegal immigrants on our streets; the unspoken assumption is that they are all anxious to risk their freedom by trying to vote in our elections, which is a crime.  Sen. Limmer's amendment failed, but this will not be the last effort to limit access to the polls, especially given the unfortunate Supreme Court ruling.

To review the LWV position, we oppose blocking the route to the voting booth.  The history of voting rights in this country is one of increasing inclusion and increasing ease of access to the ballot box.  In Minnesota we have an especially proud tradition of fair, open and clean elections.  We have made it easy to pre-register, easy to register on Election Day, and easy to vote.  And there is no evidence of fraud in election-day voting.*  The proposed additional requirements to register and to vote will have an impact, if passed.

  • Voter registration drives as we have known them will be a thing of the past.  Few people carry proof of citizenship with them when they visit the State Fair or other casual sites where political parties and non-profits sponsor registration drives.
  • The absence of voter-registration drives plus the proof of citizenship requirement will add to the length of lines at registration tables in polling places on Election Day – and many will be turned away, some will simply give up.
  • Photo ID requirements disproportionately impact young, elderly, disabled, poor and minority voters who may have difficulty obtaining the documents necessary to get a photo ID.  The Brennan Center of Justice finds that 11% of voting age citizens do not possess the required ID.  This increases to 18% of Americans over 65 and 25% of African Americans.

In conversations with friends and neighbors, most of whom probably have a photo ID, please help them understand how difficult these requirements are for the most vulnerable among us.  LWVMN will continue to work against these increased requirements.

* Between 2002 and 2005 the U.S. Department of Justice obtained convictions against 52 individuals for crimes related to "election fraud."  During this same period, 196,139,871 ballots were cast in federal elections – yielding a proved election fraud rate of 0.00003%.


Reproductive Choice

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

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

Passionate floor debate occurred on the sex education provision in education policy bill when it was heard on the House floor.  This language was sponsored by Rep. Neva Walker (DFL-61B-Minneapolis) and would have established responsible family life and sexuality education programs.  Rep. Walker presented statistics about sexually transmitted diseases among teens in greater Minnesota and noted that the rate is increasing at a faster rate than it is among metro teens.  Most metro area schools have comprehensive sexuality education.  Rep. Shelley Madore (DFL-37A-Apple Valley) gave statistics from her district which has a family life curriculum; out of the thousands of students eligible for these classes only seven parents took their students out.

Sex education survived that fight on the House floor but was not able to withstand the threat of the governor's veto.  Late last Monday night the responsible sex education legislation was dropped from the omnibus education policy bill in conference committee.  This is very disappointing to advocates and legislators who have been working on this legislation throughout the 2008 session.  The governor signaled that he would veto the bill because of sex education after receiving pressure from the Minnesota Family Council.

As of Monday 5/12, Lorrie Alveshere, spokeswoman for Minnesota Organization on Adolescent Pregnancy, Prevention, and Parenting (MOAPPP) declared that the issue dead for this legislative session.

Read More:


Environment/Trails and OHVs

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.

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

A quick review of where we are on this issue as the end of the session looms:

To date the greatest gains made by the All-Terrain Vehicle (ATV) enthusiasts came in the tax bill sponsored by Sen. Tom Bakk (DFL-6-Cook) with the increase in the gas tax diversion to the ATV account in the DNR, as noted in the March 20 Capitol Letter™.

Our hopes that we might get an amendment to close Mississippi Headwaters State Forest (MHSF) to Off-Highway Vehicles (OHV) came to naught.  The best offer we had was to protect a 1000 foot buffer on either side of the river, with some crossings provided.  This was unacceptable, since there is already a 1000 foot buffer provided in regulations governing MHSF.  It appears that the legislators representing the area and the county commissioners in the affected counties do not believe their constituents care about this issue, massive evidence to the contrary notwithstanding.

Language from HF4108, the bill to provide an OHV trail from the OHV "scramble area" in Gilbert to a proposed scramble area near Virginia, sponsored by Rep. Tom Rukavina (DFL-05A-Virginia), does not appear to be hidden in any omnibus bill, but it may yet appear in some larger bill.  See the April 3 Capitol Letter™ for details on this proposal.

As expected, Rep. David Dill (DFL-06A-Crane Lake) offered a delete-all amendment to his omnibus game and fish bill, which appeared on the House floor as SF2651.  Included in this new bill, line 2.18 to 2.22, was Rep. Dill's bill prohibiting Minnesota Conservation Officers (COs) 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.  Incredible!

This provision appears to dramatically reduce the risk for scofflaws violating laws pertaining to illegal mechanized recreation in Voyageurs National Park of getting caught, with only U.S. Forest Rangers allowed to enforce these provisions.  Incredible!

Senate conferees on SF2651 are Sen. Satveer Chaudhary (DFL-50-Fridley), Sen. Ellen Anderson (DFL-66-Saint Paul), Sen. Tom Saxhaug (DFL-3-Grand Rapids), Sen. Dennis Frederickson (R-21-New Ulm), and Sen. Steve Dille (R-18-Dassel).  House conferees are Rep. Dill, Rep. Jean Wagenius (DFL-62B-Minneapolis), Rep. Cy Thao (DFL-65A-Saint Paul), Rep. Frank Moe (DFL-04A-Bemidji) and Rep. Denny McNamara (R-57B-Hastings).


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

Green Solutions Act

Members of a House and Senate conference committee reached agreement on May 9th on the Green Solutions Act, commonly called the cap-and-trade bill; however, they have not officially signed the conference committee report.  This is according to the May 9, 2008, online edition of the Session Daily.

The original bills were HF3195, sponsored by Rep. Kate Knuth (DFL-50B-New Brighton), and SF2818, sponsored by Sen. Ellen Anderson (DFL-66-Saint Paul).

The act would give legislators a role in the establishment of a regional cap-and-trade system by requiring the legislature to approve any agreement reached by the Midwestern governors, who are negotiating a Midwestern Greenhouse Gas Reduction Accord.  The act also calls for a study on how to govern such a program and another on the impacts of a cap-and-trade system, e.g., economic, environmental, and public health costs and benefits.

Members of the conference committee were Rep. Knuth, Sen. Anderson, Rep. Aaron Peterson (DFL-20A-Appleton), Rep. John Berns (R-33B-Wayzata), Sen. Gary Kubly (DFL-20-Granite Falls), and Sen. Dennis Frederickson (R-21-New Ulm).

According to the May 9th Session Daily, the committee agreed to a request to send a draft of the report to a stakeholders group that is working with the Midwest Governors Association on a cap-and-trade rule for the Midwest.  This group is expected to review the language by May 12th.

Vehicle Emission Standards

Proponents of the Clean Car Act (HF863/SF481) face tremendous odds in attempting to get this bill passed during the final week of this legislative session.  The House bill, sponsored by Rep. Melissa Hortman (DFL-47B-Brooklyn Park), is on the Calendar of the Day for May 12, 2008, and may have a House vote at that time.  (It was also on the Calendar of the Day for May 9, but there was no vote.)

On the Senate side SF481, sponsored by Sen. John Marty (DFL-54-Roseville), was heard on May 12 in the Business, Industry and Jobs Committee, where it has been stalled since March.  Chairman Sen. James Metzen (DFL-39-South Saint Paul) cancelled a potential vote on the bill because Sen. Marty's testifier from California did not make it here to testify.  Since Sen. Metzen received late notification from Sen. Marty about this, he decided to hear from some of the other witnesses because there had not been time to officially cancel the meeting.  No vote was taken.

Passage of the Clean Car Act would put Minnesota in the company of 14 other states (Arizona being the latest) that have enacted stronger vehicle emission standards than those required by federal regulation.  The Minnesota bill calls for more efficient standards to begin in 2011 and top out in 2020.

This proposal has faced heavy opposition from automobile manufacturers and dealers as exhibited by their full-page newspaper ads.  Ethanol interests have also been convinced that this will negatively effect their product, all arguments to the contrary notwithstanding.

The Clean Energy Minnesota website contains a list of the cars that already meet the clean car standards established by California, whose standards served as a model for Minnesota's proposal.

Proposed Big Stone II Plant – Judges Recommend Permit be Denied

In a ruling announced on Friday, May 9, two administrative law judges recommended that proposed power lines in west central Minnesota should not be built.  These proposed power lines would transmit electricity into Minnesota from the proposed coal-fired power plant called Big Stone II, near Milbank, SD.  The lines would go from the plant to Granite Falls and Willmar.  Without these power lines, the plant could not be built.

According to the news release on the MN Center for Environmental Advocacy (MCEA) website , the judges determined that the power companies involved "failed to show that demand for electricity could not be better and more cost-effectively met through renewable energy and energy efficiency."  Another reason cited by the judges was that the utility companies had not adequately considered the costs of global warming.  Coal-fired power plants make major contributions to global warming.

The lead developer of the proposed plant is Otter Tail Co. and its partner utilities are the Central Minnesota Municipal Power Agency, Heartland Consumers Power District, Missouri River Energy Services, and Montana-Dakota Utilities Co.  Two utilities, Great River Energy and Southern Minnesota Municipal Power Agency (SMMPA), who would have bought about 27% of the power from the plant, withdrew from the project in 2007.

The final decision on the fate of these power lines rests with the Minnesota Public Utilities Commission which is expected to announce its ruling next month.

The proposed Big Stone II plant has faced serious opposition.  Prominent critics of the plant include the MN Center for Environmental Advocacy, Isaac Walton League, Fresh Energy, Sierra Club, North Star Chapter, Clean Water Action Alliance of Minnesota, CURE, Center for Energy and Environment, Land Stewardship Project, Friends of the Minnesota Valley, Union of Concerned Scientists, and the League of Women Voters, especially LWV of Willmar.

In addition, according to a report in the April 24, 2008, issue of the StarTribune, Dr. James Hansen, director of the NASA Goddard Institute for Space Studies, asked Gov. Tim Pawlenty to put a stop to the plant.  Dr. Hansen stated that phasing out coal-based power is a significant part of the solution to global warming.


Toxic Chemicals

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

Flame Retardants

Legislation that phases out the use of the toxic flame-retardants, deca-bromodyphenyl ethers (deca-BDE) received final approval by the House and Senate the end of last week.  Authored by Rep. Karen Clark (DFL-61A-Minneapolis) and Sen. Sandy Pappas (DFL-65-Saint Paul) the bill provides that production and sale of products containing deca-DBE will be banned in Minnesota as of July 1, 2011.  Less toxic and cost-comparable flame retardants exist to replace the more toxic chemical, which is used in products such as televisions, computers, upholstered furniture and fabrics, and mattresses.  Deca-DBE bio-accumulates in the environment and has been linked to reproductive disorders, liver and thyroid disruption and neurological development in animal studies. Please see the April 30 Capitol Letter™ and the Healthy Legacy website for a more thorough explanation.

Safe Baby Products

The conference committee report on the omnibus public health bill has passed the House and the Senate and been sent to the governor for his signature.  There is some good news for our children in this bill.

Removal of two common components of plastics, bis-phenonal A (BPA) and phthalates, was included in the Public Health Omnibus Bill.  Unfortunately, Gov. Pawlenty (R) threatened a veto if the bill included a ban on BPA, so the conference committee amended the bill to ban only phthalates from children's products. BPA is frequently used in polycarbonates.  Rep. Clark and Sen. Sandy Rummel (DFL-53-White Bear Lake) included BPA in their bill because it may leach from the plastic into liquids and is of concern because of its use in "sippy cups" and baby bottles.  Infants are especially vulnerable to even tiny amounts of chemicals. Note that Nalgene, the maker of reusable polycarbonate water bottles, is voluntarily removing BPA from its manufacturing process.

The good news is that phthalates remained in the bill and will no longer be allowed in children's products sold in Minnesota.  Phthalates are used to soften plastics, but safe alternatives are used in Europe and other countries where the chemical is already banned.  Many manufacturers have phased out phthalate use and some retailers, such as Wal-mart and Babies R Us, will no longer sell children's products containing it.  Animal testing shows that this chemical may act as a hormone disruptor, decreasing testosterone levels, sperm counts and shortening pregnancy.

*Update: Gov. Pawlenty vetoed the legislation banning deca and phtlates on May 13.


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 issues, especially funding for Minnesota's deteriorating roads and bridges and the need for a comprehensive transportation system, have been prominent in this session.  In addition to the enactment of the Transportation Funding Act, passed by virtue of the legislature's override of the governor's veto, numerous other bills have been in play.  And as the session nears its conclusion with behind the scenes negotiations, it's difficult to determine how these issues are likely to fare.

A bill authorizing policies related to The Urban Partnership Agreement is on its way to Gov. Tim Pawlenty (R) for his signature.  Sponsored by Rep. Frank Hornstein (DFL-60B-Minneapolis) and Sen. Ann Rest (DFL-45-New Hope), the measure (HF3725/SF3058) was approved overwhelmingly by the House and Senate.  It must be signed by May 12th in order to ensure federal funds of $133.3 million for the project, which is designed to reduce congestion between downtown Minneapolis and southern suburbs along Cedar Avenue and the I-35W corridor.  State matching funds of $49 million have already been authorized.

According to Session Weekly (May 8, 2008), the plan includes:

  • the use of priced dynamic shoulder lanes, similar to the I-394 MnPASS, on I-35W from 46th Street to downtown Minneapolis;
  • the addition of a high-occupancy toll lane from 66th Street to 46th Street;
  • conversion of the high-occupancy vehicle lane to high-occupancy toll lane on I-35W from 66th Street to Burnsville Parkway;
  • Cedar Avenue Bus Rapid Transit between downtown Minneapolis and Lakeville built ahead of the current schedule; and
  • additional park-and-ride lots and bus service along the I-35W corridor.

The fate of the Central Corridor Light Rail, linking downtowns of Minneapolis and Saint Paul along University Avenue, continues to be in limbo, although there is hope that the $70 million dollars in matching funds, vetoed by the governor, will be restored through a supplemental bonding bill announced by Rep. Alice Hausman (DFL-66B-Saint Paul), chairwoman of the House Capital Investment Finance Division Committee, on May 9.  According to Rep. Hausman it is unacceptable ". . .to think of turning our back on hundreds of millions of dollars in federal funding if we don't get this done this session," Hausman said.  She further pointed out that if ". . . the governor would accept the proposal, the total bonding amount for 2008 would still be under the governor's stated threshold of $885 million."  Source:  Session Daily, May 9, 2008

In the meantime, the Metropolitan Council has been designated as the official rail transit agency for the region rather than the Department of Transportation. The Metropolitan Council and the University of Minnesota continue to differ about the Central Corridor Light Rail route through the University campus. According to the StarTribune (May 9, 2008), the Federal Transportation Administration, in response to a memorandum submitted to it by the University of Minnesota, has issued a memo rebuking the Metropolitan Council for not giving adequate time to consideration of the University's proposed alternate route, the "northern alignment," using an existing, below-surface roadbed.  Federal officials are quoted as saying the planners have been "overly aggressive and potentially unrealistic."  The University is paying for the study of this route; the Metropolitan Council is fearful that the consequent delay of perhaps a year will increase costs by over $40 million and jeopardize the project.

In other actions, the conference committee report on HF3800, a transportation bill which authorized law enforcement officials to stop motorists for not wearing seat belts, failed to pass in the House and has been returned to the committee.  Currently tickets may be issued for not wearing a seat belt only if a car is stopped for other reasons such as speeding – requiring seat belts is an assault on our personal freedom, according to some House members.

In order to make the bill acceptable to the governor, it had been stripped of requirements that children under eight years be restrained in booster seats.  Included in this 63-page bill were restrictions on early morning drivers under age 18 and emailing and text messaging while driving.  We now await the new conference committee report on this bill.

An attempt to fix a one-digit error in the transportation override was rejected by Gov. Tim PawlentySF3564 was sponsored by Rep. Bernie Lieder (DFL-01B-Crookston) and Sen. Steve Murphy (DFL-28-Red Wing), and would have corrected a typo in the transportation finance bill whose veto was overridden:  for compressed natural gas, the rate of 1.713 cents was intended to increase to 1.913 cents.  Instead it reads 1.1913 cents.  The governor vetoed this technical correction.

Finally, LWVMN subscribes to this statement from Transit for Livable Communities:  "The Mall of America, a private business, wants $200 million in taxpayer funding to pay for an 8,000 space parking ramp as part of a proposed future expansion.  The MOA is asking the legislature to authorize $200 million in tax increment financing (TIF) using an exemption from the fiscal disparities pool."  Does this region need "a $200 million subsidy for driving at a time when we should be investing in ways to make it possible for people to drive less?  Transit is a great economic development investment and it's an even better investment in times of recession.  Let's make sure we're considering our options: ensuring that Central Corridor has its state funding match. Or how about building a streetcar or bus rapid transit line…?  [T]ransportation and economic development [are] investments that will make this region stronger and more sustainable."


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

There has been some activity relating to the Executive Order signed by Gov. Tim Pawlenty (R) on January 7, 2008.  Pawlenty's executive order mandated all state executive branch agencies, contractors doing business with the state, and recipients of state business incentives to verify employment eligibility by using the E-Verify program. The Legislature has some concerns about this program.

The E-Verify program, a voluntary internet-based system operated by the U.S. Department of Homeland Security (DHA) and the U.S. Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees.  Specifically, E-Verify compares the identity information from an employee's I-9 form, including social security number and date of birth, against million of records in DHS and SSA databases.  The E-Verify program provides a method of enforcing a provision of a 1986 immigration law prohibiting businesses from knowingly employing illegal immigrants.

According to several recent federal reports, the E-Verify program is susceptible to employer misuse and system inaccuracies.  A 2002 DHS study of a sample of E-Verify queries found that 42 percent of employees deemed ineligible by E-Verify were actually eligible for employment.

Although currently available at no charge to employers, this program is potentially costly to both employees and employers.  Employees who are mistakenly flagged will lose their jobs and will be forced to challenge government errors while missing out on regular pay checks; employers will have their work force disrupted by the loss of trained employees.

On March 28, 2008, the Legislative Audit Commission directed the Office of the Legislative Auditor (OLA) to evaluate seven topics including the E-Verify program.  According to the OLA website, possible E-Verify evaluation issues include:  What are the trends in the accuracy and effectiveness of E-Verify, and to what extent have those trends applied in Minnesota?  How are these trends projected to change as system usage increases?  What will be the likely costs born by Minnesota employees and employers of the E-Verify program?  The final report is scheduled to be released next summer.

This report will be important for all employers in Minnesota because of a controversial new federal rule that was announced on March 21, 2008.  In the past, employers have been able to comply with federal law by obtaining identification documents from new workers.  After that, the government notifies employers if the Social Security number on an employee's W-2 tax form doesn't match the number in the Social Security database.  That worker's earnings are then not credited for Social Security benefits, but no action is taken against the employer.

No-match letters were not originally intended to be an immigration-enforcement tool.  Under the new rule, an employer who gets a no-match letter has 90 days to resolve the discrepancy, and an employee has three additional days to submit a new, valid Social Security number.  After that, an employer who fails to fire the worker is subject to civil fines or criminal prosecution.  Thus the no-match letters have been turned into an immigration enforcement mechanism using a flawed database.

Comprehensive immigration reform is needed now more than ever.


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

There is no final report yet from the conference committee meeting to reconcile SF3099/HF3391 the health reform bills authored by Sen. Linda Berglin (DFL-61-Minneapolis) and Rep. Tom Huntley (DFL-07A-Duluth). Decisions must be made by the budget conference committee before the health reform conference committee will know how much money will be left for the health reform bills.  As of May 5, Gov. Tim Pawlenty (R) has dropped his plan to divert money from the Health Care Access Fund to help balance the budget and the omnibus budget conference committee also agreed to use no funds from the Health Care Access Fund.  This could change as the budget conferees adopt further components and consider amendments.

Sen. Tarryl Clark (DFL-15-St. Cloud) noted in a press release 4/25/08 that according to a Survey USA poll conducted in April for KSTP TV, 84% of Minnesotans said that funds collected from health care taxes and Minnesota health insurance premiums should not be used for purposes other than health care.  She went on to point out that the Health Care Access Fund was established in 1992 to be used exclusively to provide medical insurance coverage for working families and was supported by Republican and DFL legislators and the Republican governor.  She concluded by stating "that promise lasted until 2003, when Gov. Pawlenty helped create a surplus in the fund by allowing the tax to go up 25 percent, while canceling coverage for tens of thousands of policyholders.  He then shifted money from the account to cover budget holes in other areas of the state budget…the budget compromise ought to keep the promise made to taxpayers and policyholders and keep the Health Care Access Fund intact."

Thanks to the Minnesota Universal Health Care Coalition (MUHCC), Christina Wessel from Minnesota Budget Bites and the Citizens League.