LOOKING FOR COMPROMISE
As of today, Gov. Pawlenty has signed 58 bills, vetoed nine, including seven major omnibus bills, (Higher Ed, Health and Human Services, State Government Finance, Economic Development, Bonding, Transportation, and Taxes), and line-item vetoed two (Ag & Veterans and Environment). The Governor sent clear and concise veto messages to explain each of his vetoes, (check them out at the following website:
http://www.governor.state.mn.us/priorities/legislation/index.htm ) but one of his overriding concerns has been that there has not been a total state budget target set and there has still not been any joint legislative target set for the E-12 bill.
Apparently, this could (and must) change soon. We were informed today (Tuesday) that an E-12 budget proposal would be presented today to the Senate Rules Committee (not a proposal developed by the E-12 Budget Conference Committee), but as I type this around 8 p.m., it has still not been presented. Hopefully, we’ll know more Wednesday morning when we will apparently be expected to start voting on amended versions of the bills vetoed by the Governor. It is my expectation that many of the objections raised by the Governor will be addressed and we can move forward with at least some more of the bills in order to complete our work on schedule.
SENATE PASSES DEDICATED ENVIRONMENT FUNDING
The "Dallas Sams Outdoor and Cultural Legacy Act" - named after the late Senator - was approved by the Senate on Friday. It provides the language for a constitutional amendment increasing the sales and use tax rate by 3/8 of 1 percent on taxable sales for 25 years beginning in 2009. An estimated $295 million per year would be raised by the increased sales tax and dedicated as follows if approved by the voters in the 2008 general election:
● 33 percent of the receipts would be deposited in the Heritage Enhancement Fund and could be spent only to preserve, enhance, or protect the state’s fish, wildlife, habitat, land, and forest resources. This totals approximately $97.35 million annually.
● 43 percent of the receipts would be deposited in the Great Outdoors Minnesota Fund and could be spent only on protection and restoration of the state’s lakes, rivers, streams, wetlands, groundwater, parks, trails, and natural areas. This total approximately
$126.85 million annually.
● 24 percent of the receipts would be deposited in the Cultural Legacy Fund and could be spent only on arts, arts education, art access, and historic sites. This fund would receive about $70.8 million a year.
The money dedicated cannot be used as a substitute for traditional funding sources for the purposes specified. Land acquired by the fee with money deposited in the heritage enhancement fund must be open to public taking of fish and game during the open season unless otherwise provided by law.
I voted for the proposal with some reluctance. While I support allowing the people to vote on the provision, I do not believe that we should include the arts in the constitutional dedication, at least not at the 24 percent included in this bill. I supported an amendment to offer two separate constitutional amendments - one for the environment and one for the arts -- for the voters to consider so that they could chose one or the other or both, but they wouldn’t have to choose one just to get the other. I believe a lot of people will support the funding for the environment, but we shouldn’t force them to take a "package deal" if they want it. As legislators, we deal with way too many omnibus bills at the Capitol now, and quite frankly I resent it when they package a variety of measures together and you have to decide if there are more things you like than dislike before you vote.
I also offered an amendment on the bill to reduce the arts funding to 10 percent of the total (it would still add about $29 million to their current base of $14 million annually), and leave 14 percent to be appropriated by the legislature for any of the three funds listed above.
That means the arts could get more than 10 percent, but if we had a waterfowl crisis, or a terrible problem with an invasive species in our lakes, or diseases spread quickly among our deer populations or trees, or we needed to help reforest a large charred forested area (sound
familiar) we could have some money available to address the needs at hand without raising taxes or taking it from areas like education and health care. The amendment received bipartisan support, but it did not pass. I am, however, hopeful that similar language will be supported in the House and that a conference committee might modify the Senate version.
TRANSPORTATION BILL COMES AND GOES
House and Senate negotiators agreed to a $7 billion finance package for highways, buses, rail and other transportation infrastructure, but a wide array of tax increases and new fees resulted in the Governor’s expected veto. The measure called for a 5-cent per gallon tax increase starting in September which would increase gradually another 2.5 cents to pay off $1.5 billion in new construction bonding. (The Governor has a proposal to bond for $1.5 billion in projects, but he uses the recently constitutionally dedicated funds from the sales tax on vehicles to pay the bonds off and doesn’t raise new taxes.) The bill also approved an increase in the motor vehicle registration fees (tab fees) for all new and used cars purchased, a half-cent metro sales tax subject to approval by County Boards, not a voter referendum, and authorized a $10 wheelage fee that could be imposed by each of the metro counties. Similarly, Greater Minnesota counties may impose taxes individually, but are required to pass a referendum. The state’s gas tax is currently 20 cents per gallon.
Although I have supported a nickel a gallon gas tax increase in the past, this proposal surpassed my comfort level for new taxes. I am especially concerned about the half cent sales tax increase proposed for the metro area and the creation of a new joint powers board which would be set up to give out "grants" for transit, road and trail projects.
The bill required that at least 50 percent of the new money raised by the half cent sales tax be used for transit and 25 percent for roads and bridges, up to 5 percent for bicycle trails, and the rest was left to the discretion of the joint powers board to be used for roads or transit.
FREEDOM TO BREATHE ACT
There were, of course, many other bills which were approved in recent days. However, I wanted to mention one more which has received a lot of media attention: The "Freedom to Breathe" bill, also known by opponents as the "smoking ban." The conference committee report passed overwhelmingly, but not before attempts were made by both bodies to send it back to conference committee. While I voted to send it back to consider several additional modifications, after that failed I did vote for the bill on final passage. I would have liked to have seen the ban phased in more slowly (i.e. starting with restaurants and then later including bars) in order to give bars and opportunity to develop new marketing strategies (i.e. food or big screen TVs) so they do not lose business when the ban takes effect. However, the conference report did change the Senate language from an August 1 implementation date to Oct. 1, 2007, which might allow for some quick modifications. The conference report also allows bars to have outdoor patios with smoking and service, unless prohibited by local ordinance. The Senate bill, which I originally voted against, allowed patio smoking areas but no food or beverage service in the patios. The original Senate bill also outlawed smoking at all businesses, even those located in homes and farms, and would have even prohibited truckers from smoking in their semi trucks and farmers from smoking on their tractors. The conference report adjusted that and requires there to be two or more employees before a ban applies for home and farm businesses or in a vehicle. I do believe that the ban will provide everyone with a healthier environment, which should result in fewer illnesses and diseases and reduced health care costs.
VETERANS ASSISTANCE SIGNED INTO LAW
Minnesota National Guard soldiers will get extra assistance in the transition home under a measure signed last week by Governor Pawlenty. Money is set aside for National Guard Armory maintenance, County Veterans Service Officer grants, Higher Education Veterans Assistance Officers, and outreach to Native American veterans, homeless veterans, marketing and veterans service organizations. It also provides educational benefits to surviving family members or veterans killed in action. The plan is part of a larger Agriculture and Veterans omnibus bill which also creates a "Next Generation Energy Board" to guide the state's energy, gives funding to the Clean Water Legacy, funds the fight against invasive species, and funds some marketing efforts of the Minnesota Grown local agriculture program.
PUBLIC SAFETY BILL APPROVED
After a long debate and removal of a controversial insurance litigation provision, the $2 billion Omnibus Public Safety bill was re-passed with nearly unanimous bipartisan support in the House and Senate and signed into law. The "crime bill" adds new judges, creates an identification procedure for authorized scrap metal sellers, tightens protections for domestic abuse victims and stiffens penalties for sexual predators using the Internet. The bill contains law enforcement and courts funding, including youth-intervention programs and funding for 15 new forensic scientists at the Bureau of Criminal Apprehension.
Claire Robling
State Senator
District 35
100 Dr. Martin Luther King Jr. Blvd
143 State Office Building
Saint Paul, MN 55155
651.296.4123
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