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Minnesota House of Representatives Session Weekly

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Minnesota House of Representatives Session Weekly SESSION WEEKLY A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 27, NUMBER 13 • MAY 7, 2010 UNALLOTMENT U NDONE — PAGE 3 STADI U M BILL FO U RTH AND LONG — PAGE 15 K-12 HELD BAC K — PAGE 17 STE pp ING DOWN : EA S TL U ND , MAGN us , THAO — PAGE 19-21 GET O U TDOOR S — PAGE 24 HF3818 - HF3831 SESSION WEEKLY Session Weekly is a nonpartisan publication of Minnesota House of Representatives Public Information Services. During the 2009-2010 Legislative Session, each issue reports House action between Thursdays of each week, lists bill introductions and provides other Page 10 Page 15 Page 5 information. No fee. To subscribe, contact: Minnesota House of Representatives CONTENT S Public Information Services 175 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. HIGHLIGHTS St. Paul, MN 55155-1298 651-296-2146 or 800-657-3550 or the Budget • 5 Energy • 8 Industry • 10 Minnesota Relay service at 711 or Business • 6 Environment • 8 Safety • 11 800-627-3529 (TTY) Consumers • 6 Health • 8 State Government • 11 www.house.mn/hinfo/subscribesw.asp Education • 7 Higher Education • 9 Transportation • 12 Employment • 7 Human Services • 10 Director Barry LaGrave Editor/Assistant Director Lee Ann Schutz BILL INTRODUCTIONS (HF3818-HF3831) • 22 Assistant Editor Mike Cook Art & Production Coordinator FEATURES Paul Battaglia Writers FIRST READING : Unallotment decision throws governor, lawmakers a curveball • 3 Kris Berggren, Nick Busse, Susan Hegarty, AT ISSUE : Even with cuts to HHS, governor says bill is too costly • 13 Patty Ostberg, Lauren Radomski Chief Photographer AT ISSUE : Committee drops stadium bill for a loss • 15 Tom Olmscheid AT ISSUE : Progress of K-12 education omnibus bill stalls • 17 Photographers Kristin Schue, Andrew VonBank AT ISSUE : Grant program could help lessen farmer’s ecological footprint • 18 Staff Assistants PEO P LE : Eastlund is ready to let someone else take the seat • 19 Christy Novak, Susan Xiong PEO P LE : Magnus decides to run for state Senate • 20 Session Weekly (ISSN 1049-8176) is published PEO P LE : Thao’s family and business to get more of his time • 21 weekly during the legislative session by Minnesota House of Representatives Public RESOURCES : State and federal roster • 23 Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., MINNESOTA INDEX : Enjoy the outdoors • 24 St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. POSTMASTER: Send address changes to Session Weekly, House Public Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. Printed on recycled paper which is 50% recycled, 30% post-consumer content. On the cover: Clay Washington, a Hennepin County Child Protection social worker, adjusts one of the 1,000 American flags placed on the lower mall of the Capitol April 29 as part of the “Healing Field for Child Abuse Prevention” during the last weekend of Child Abuse Prevention Month. — Photo by: Tom Olmscheid FIRST READING P HOTO BY TO M OL M SCHEID At a May 5 news conference, Gov. Tim Pawlenty reacts to the Minnesota Supreme Court’s decision in the unallotment lawsuit saying, “I strongly disagree with this 4-3 decision by the court.” Others at the press conference, include from second left, Minnesota Management & Budget Commissioner Tom Hanson, Deputy Chief of Staff Brian McClung, State Budget Director Kristin Dybdal and Deputy Revenue Commissioner James Schowalter. using unallotment to set the state’s budget himself rather than working cooperatively Unallotment undone with legislators. Republicans saw it much Court decision throws governor, lawmakers a curveball differently. Rep. Mary Liz Holberg (R-Lakeville) said unallotment was necessary because the Legislature ignored the governor’s warning BY BRENDA VAN DYCK AND NICK BUSSE about not raising taxes. The Republican lead he final days of the legislative session on the House Ways and Means Committee worries the court’s decision will lead to are often full of surprises, but the state’s legislative gridlock. highest court just added a new twist. “If a Legislature refuses to pass bills that T the governor can sign, I mean, this could go on for months,” Holberg said. “I hope that the Democrats recognize that the governor is not On May 5, the Minnesota Supreme Court calculations, the ruling effectively adds going to sign tax increases.” ruled that Gov. Tim Pawlenty overstepped his another $2.5 billion to the state’s estimated What happens next is unclear. Pawlenty said executive authority when he unilaterally cut $536 million biennial deficit. he doesn’t know whether the court’s ruling $2.7 billion from the state budget last summer. “I strongly disagree with this split court precludes him from further using his statutory In a 4-3 decision, the court said the governor’s decision,” Pawlenty said at a press conference. unallotment powers to trim the budget. He’s action, known as “unallotment,” exceeded his “Nonetheless, this decision is going to require asking lawmakers to ratify the unallotments statutory powers because he did it before the the Legislature and my administration to from last year, as well as pass his supplemental budget-making process was complete. address its budget impacts.” budget proposals. After signing all of the Legislature’s budget Some lawmakers see the court’s ruling The House’s K-12 education finance bill bills last year, Pawlenty vetoed a tax bill that as reaffirming the Legislature’s primacy in includes a plan to ratify the governor’s would have raised new revenues needed to pay setting the budget. $1.8 billion school aid payment shifts, but for the spending. The Legislature had already “The decision reestablishes a balance the remaining budget solution is yet to be adjourned when he announced his intention of power, or clarifies the separation of determined. The Legislature is constitutionally to solve the remaining $2.7 billion biennial powers, between the legislative branch and mandated to adjourn by May 17. budget himself through unallotment. The the executive,” said Rep. Lyndon Carlson “We’re at the table to solve problems,” said court said this was an executive overreach. Sr. (DFL-Crystal), chairman of the House Rep. Loren Solberg (DFL-Grand Rapids), The decision deals with a specific program Finance Committee. House Ways and Means chairman. the governor unalloted, but the implications DFLers had argued all along that are much broader. By the governor’s own Pawlenty had overstepped his authority, First Reading continued on page 4 May 7, 2010 Session Weekly 3 First Reading continued from page 3 Unallotment history Date Governor Amount Process of unallotment Governors have scarcely used unallotment August 1980 Al Quie $195 million in the state’s history. November and Al Quie Local government and school aid payments State law outlines the process for December 1981 were unalloted, but then realloted and paid unallotment, which is unallotting or reducing in February 1982 the amount of money that has been allotted to particular areas in the state budget. State April 1986 Rudy Perpich $109 million law grants this power to governors if certain February 2003 Tim Pawlenty $281 million economic conditions have been met. Only December 2008 Tim Pawlenty $269 million three governors have used this power: Gov. Al Quie used it twice, Gov. Rudy Perpich once June 2009 Tim Pawlenty $2.68 billion and Pawlenty three times. Pawlenty’s unallotment last summer unallotment process. Prior to implementing 2009 unallotments to balance the state budget was historic the unallotments, the commissioner must A large portion of the budget to be unallotted in its amount and is the first time that an consult with the Legislative Advisory was aid to cities and counties, which totaled unallotment has been successfully challenged Commission, a six-member commission $300 million over the two-year biennium. in court. made up of House and Senate finance, taxes, Another big chunk came out of health and The Minnesota Constitution requires that and ways and means committee chairs. The human services spending, which totaled $210 the state budget be balanced at the end of LAC has no power to stop the unallotments, million. Higher education was cut by $100 a fiscal biennium. If anticipated revenues but it must be notified at least 15 days before million, split evenly between the University will not meet the anticipated expenses, the the unallotments occur. of Minnesota and the Minnesota State governor can unallot. The law does not clearly address when Colleges and Universities system. Most state Before a governor can unallot, the unallotment can occur. In most of the agencies had their budgets cut by 2.25 percent commissioner of Minnesota Management unallotments in recent years, governors for a savings of $33 million. The governor & Budget must determine that receipts in have waited for the Legislature to address also delayed K-12 education aid payments, the General Fund are less than anticipated budget shortfalls within a biennium before beginning in fiscal year 2010, for a savings of and that revenues will be less than what is unallotting. In its ruling against Pawlenty, the $1.77 billion. needed for the remainder of the biennium. The Supreme Court said, “The unallotment statute It didn’t take long for the first lawsuit to commissioner generally uses the November provides the executive branch with authority be filed. In July, then Minneapolis-mayoral and February economic forecasts to determine to address an unanticipated deficit that arises candidate Robert Carney Jr. filed suit over if there is a deficit. after the legislative and executive branches the governor’s unallotment of the tax refund Legislators have little involvement in the have enacted a balanced budget.” program for political contributions.
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