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Capitol Chatter

Bill allows family to care for dead

Tears flowed as senators heard about a proposal allowing Minnesotans to take care of dead family members.

"I had cared for Gary throughout his illness," Heather Halen of Minneapolis told a Senate health committee Wednesday. "I wanted to be the one who cared for him after his death."

Halen said she placed her husband in a plain pine casket on her front porch and hosted a small memorial service in their home.

However, current law limited the home funeral to family and a few very close friends. She said she would have liked to invite more.

The bill, similar to one in the House, passed out of the committee Wednesday and may be in front of the full Senate soon.

"This bill will allow families to wash and care for the bodies," said Sen. Sandra Pappas, DFL-St. Paul, who cried as she told about holding an overnight vigil with her mother-in-law's body.

The bill written by Pappas allows families to preserve a body with dry ice instead of embalming it.

Dr. Michael Osterholm, a former state epidemiologist, said bodies are not a health problem and dry ice should control odor.

The Minnesota Funeral Homes Associating opposed Pappas' bill.

"A public viewing can happen on a picnic table in a public park, leaving behind infectious materials," Cory Michaelson said.

Posted by: Don Davis on 3/17/2010 at 6:39 PM | Permalink

Tags: death, health, legislature

Election tweaks pass

A series of election law tweaks inspired by the long and disputed 2008 U.S. Senate election continue to make progress through the Legislature.

Bills that tentatively passed the Senate Wednesday include provisions that speed the updating of voter records, as well as providing a way to postpone local elections due to bad weather. If the election is not connected to a state or federal vote, local authorities may delay it no later than 6 p.m. the night before polling places open, and then only if the National Weather Service issues a storm warning or travel advisory.
 

Posted by: Don Davis on 3/17/2010 at 2:42 PM | Permalink

Tags: election, legislature

Palin and Bachmann together

Former Alaska Gov. Sarah Palin joins U.S. Rep. Michele Bachmann at an April 7 Minneapolis rally.

Free tickets are available from the state Republican Party.

The event will be in the Minneapolis Convention Center, Hall D, with doors opening at noon and the event itself starting at 2 p.m.

“The phones have been ringing off the hook here at the Republican Party of Minnesota since we announced that Gov. Sarah Palin would be in town for a rally with our great Congresswoman Michele Bachmann," party Chairman Tony Sutton said.

A private Bachmann fundraiser follows the rally at a downtown Minneapolis hotel. The reception, which includes a photo with the two women, will cost $10,000 per couple. A dinner goes for $500 each.
 

Posted by: Don Davis on 3/17/2010 at 9:59 AM | Permalink

Tags: bachmann, palin

State ready to fight floods

Minnesotans filling and stacking sandbags are backed by a nearly invisible around-the-clock state operation coordinating everything from providing manpower to finding people to rescue horses.

The state Emergency Operations Center opens at 8:30 a.m. today with up to 100 people synchronizing a flood fight involving all 23 state Cabinet agencies, a myriad of smaller departments, federal officials and volunteer organizations such as the Red Cross. It is a one-stop disaster shop that attracts little notice outside of government decision-makers.

"I think people don't realize how far reaching it is," said Kris Eide, Minnesota Homeland Security and Emergency Management director, adding that everyone from sewage experts to the deaf and hard of hearing office may staff the EOC.

The command center will operate 24 hours a day whenever needed, Eide said. It likely will be busy this weekend when the Red River is expected to crest.

But it is not just the Red that threatens Minnesotans and attracts state attention. The state is gearing up to fight flooding in 28 of the state's 87 counties with manpower from the National Guard, trucks from the Department of Transportation and coordination from Homeland Security and Emergency Management.

A Monday Gov. Tim Pawlenty executive order allows state agencies to provide local governments state-funded help. Counties on or near the Red, Minnesota and Mississippi rivers are included in the declaration.

In the past, flooding across the state was spread out over weeks.

"This year, it is kind of happening all at the same time," Eide said, admitting it is stretching state agency staffs so thin that her department at times asks local government emergency managers to help.

Pawlenty's order allows the National Guard to get involved when a county sheriff requests help.

"When the county sheriff calls to ask for a mission, they usually talk to me," Eide said, and if she decides National Guard help is needed, she forwards the information to the Guard.

On Tuesday, more than 280 Moorhead-based infantry soldiers were put on alert and told to be ready for Red River flood fighting.

A year ago, the Guard sent 10 helicopters, two communications trailers, two forklifts, 28 electric generators and 175 vehicles to help with Red River flooding. More than 750 troops were called up for Minnesota work, with 300 more sent to North Dakota.

Capt. Randy Belden said the Guard is ready to send as many of its 12,000 soldiers and airmen as needed.

"We have been in preparation for some time," Belden said.

The Minnesota Department of Transportation monitors road conditions and Tuesday closed U.S. 75 near the Red River at Kent and another near the Minnesota River, but several others were water covered and could be closed.

"We also work to mitigate flooding," MnDOT's Kevin Gutknecht said. "If there is a plugged culvert that we can clear to open a drainage way around a road, we do that."

MnDOT workers break up ice jams at bridges and inspect bridges to make sure they are safe.
Besides watching flooded roads, MnDOT has 860 trucks as well as other equipment available for flood fighting.

Like with other state agencies, MnDOT steps in to help when local governments cannot handle the job, said Gary Fried, the department's emergency management director. If local contractors are available and can handle the work, MnDOT often steers local governments to them.

On Tuesday, Fried referred Clay County officials to a private business to rent lighting equipment that MnDOT did not have.

While working on floods, MnDOT employees have to keep an eye on something else, Gutknecht said. "March can be a very snowy month."

Monday's gubernatorial order not only allows state agencies to help local governments, it:

Counties included in Pawlenty's flood emergency declaration are Big Stone, Blue Earth, Brown, Carver, Chippewa, Clay, Dakota, Goodhue, Hennepin, Kittson, Lac Qui Parle, Le Sueur, Lyon, Marshall, Nicollet, Norman, Polk, Ramsey, Redwood, Renville, Scott, Sibley, Swift, Traverse, Washington, Wilkin, Wright, and Yellow Medicine.
----
Minnesota state government flood information is available on the Web (some links may not be active until later today).

Posted by: Don Davis on 3/17/2010 at 8:30 AM | Permalink

Tags: disaster, emergency, flood

Does Legislature hold spending control?

Supreme court hears unallotment case

In the simplest terms, Minnesota's seven Supreme Court justices are deciding if the Legislature has full control of state spending, or if the governor has a role once a budget is approved.

The decision could affect not only the current state budget, but also could impact the power future governors wield.

Specifically, the high court's task is deciding if Gov. Tim Pawlenty acted legally last summer when he cut $5.3 million out of a state-funded dietary program. But, more broadly, the court may decide if the Republican governor's $2.7 bill budget-balancing act should stand and how future governors can use the budget-cutting law.

Pawlenty's attorneys and a legal aid lawyer representing six Minnesotans who for a short time lost state aid for their special diet needs argued their sides in front of the Supreme Court for an hour and 26 minutes on Monday. It is rare that justices extend arguments for more than an hour, but the chief justice said that was necessary because of the importance of this case.

Justices jumped into questions seconds after the first attorney took to the podium, and seldom allowed a full answer to any of their questions.

Chief Justice Eric Magnuson asked each attorney a question that appeared central to how justices will decide the case dealing with state budgeting: Does the governor or Legislature decide "who gets what, when?"

State Solicitor General Alan Gilbert said a balanced-budget requirement supersedes other considerations, so a governor may need to cut programs.

Galen Robinson, representing those whose diet money was eliminated, said that is not the governor's decision.

"We are dealing with pure legislative power," Robinson said about spending, saying cuts Pawlenty made encroach on legislative powers.

While state law does give the governor "unallotment" authority to trim budgets in emergencies, Robinson said, "the triggers for this statute were not met" when Pawlenty chopped $2.7 billion, reducing the state's two-year budget to $31 billion.

There was no indication when the justices would rule on the case, but legislators hope for a quick ruling because they have just two more months to meet this year.

Robinson's clients sued Pawlenty, alleging that he used his unallotment authority too early in the budget process, right after the new budget began last July 1. They claim, backed by the state House, that unallotment is to be used only in emergencies and only near the end of a two-year budget cycle when it is obvious that revenues will fall short of the state's needs.

Monday's case came after Pawlenty disagreed with a late December judge's ruling saying he made some of his $2.7 billion in cuts illegally. The Dec. 30 court ruling only dealt with the $5.3 million program that provides special diets to 4,300 Minnesotans with medical problems, but many have been watching the case to see if others whose programs were affected by cuts also will sue.

The governor ordered funding to the program restored the day after the local court ruling.

Pawlenty spokesman Brian McClung said $800 million to $900 million of the $2.7 billion in cuts could be overturned if Pawlenty loses his appeal.

Pawlenty attorney Patrick Robben told justices Monday that there is an overriding duty for the governor to balance the budget, so "they have to give a large amount of flexibility to the executive."

Justice Paul Anderson and Magnuson asked if the governor had to follow legislative guidelines when making cuts, perhaps leading to equal across-the-board cuts instead of the governor picking out specific programs to eliminate.

"There are limitations about where you can find that kind of money," Gilbert said, so the governor by necessity needs to decide where to cut.

Not mentioning that Pawlenty is not seeking re-election, Gilbert said that voters, not judges, should decide if Pawlenty made the right decision.

"I'm trying to decide what the constitution requires," Magnuson shot back.

Posted by: Don Davis on 3/16/2010 at 5:37 AM | Permalink

Tags: budget, legislature, pawlenty, unallotment

Pawlenty cuts down bonding bill

Langseth, Hausman

 

Update:

Fifty-two public works projects across Minnesota such as college building renovations and state trails fell victim to Gov. Tim Pawlenty's veto pen Monday, and legislative leaders say there is little chance lawmakers will send any more projects to him before he leaves office early next year.

"He basically massacred the bill," Sen. Keith Langseth, DFL-Glyndon, said of the measure commonly known as the bonding bill.

Pawlenty erased $313 million in projects because, he said, the $1 billion bill legislators sent him spent too much.

"I am deeply disappointed the bill still spends nearly $1 billion despite my repeated and pointed warning that I would not sign a bill of this magnitude," Pawlenty wrote to lawmakers.

Pawlenty used his authority to veto spending on specific projects.

"As usual, I have been left to reduce spending within the bill to an affordable level," Pawlenty wrote. "The DFL-controlled Legislature seems incapable of prioritizing projects or simply saying no. So, I have again done it for you."

Langseth and Rep. Alice Hausman of St. Paul, who lead legislative bonding committees, said they will not accept Pawlenty's offer to bring forth a new, small, bill to resurrect some of the vetoed projects.

"You can't trust him," Langseth said.

On a more practical level, Hausman added that she does not think she could get enough votes to pass a smaller bill because so many legislators would have nothing in their districts in the measure.

Langseth said legislative leaders put $75 million of Pawlenty's projects in the bill to get the Republican governor's support, but he still used his veto axe.

The bill contains money to expand the Moose Lake sex offender treatment center, expand a Minneapolis veterans' home, beef up prison security and $63.5 million to prevent floods. The bill also gives Pawlenty permission to buy land along Lake Vermilion to become a state park.

Many of Pawlenty's vetoes came to Minnesota Colleges and Universities system projects.

Hausman said that said despite MnSCU's enrollment being three times that of the University of Minnesota, Pawlenty erased enough projects so MnSCU will have about the same amount of money that the university can spend.

Pawlenty vetoed 16 MnSCU projects, compared to two for the university.

Overall, the biggest veto was $43.5 million for Twin Cities transit projects.

Most recreation projects were vetoed, although Pawlenty did save a Rochester volleyball center and a Blaine women's hockey project. He also killed three civic center expansions.

Pawlenty vetoed a $5.8 million project to renovate a Red Lake school, a project he said cost much more than lawmakers approved, so it should wait until money is available to do all needed work.

He also removed $21.4 million lawmakers voted to build trails around Minnesota.

“The governor’s cuts will hurt many communities throughout the state who were looking to these trail projects to provide a much needed economic boost, vital outdoor recreation opportunities and health benefits for citizens,” said Brett Feldman of the Parks and Trails Council.

The exact value of vetoed projects changed a bit Monday as experts closely examined Pawlenty's actions.

Pawlenty spokesman Brian McClung said the governor took action on the bill Sunday night, but the information was not released until Monday morning.

Pawlenty had delivered a speech and vacationed in Florida late last week, returned to the Capitol Sunday and went back to Florida for a political event Monday.

Democrats often mentioned Pawlenty's absence, which they attributed to his being a potential 2012 presidential candidate.

“Governor, please come back to Minnesota to face the workers and students you are hurting with these vetoes," said Rep. Tom Rukavina, DFL-Virginia, a governor candidate. "Unlike you, they can’t afford a spring break vacation in Florida and they deserve some answers."

Here is what Pawelnty vetoed:

Posted by: Don Davis on 3/15/2010 at 5:28 PM | Permalink

Tags: bonding, hausman, langseth, legislature, pawlenty

Court hears unallotment case

Whether Gov. Tim Pawlenty acted legally when he cut $2.7 million from the state budget last summer may rest on whether Minnesota Supreme Court justices think the Legislature has given the governor a right to trim budgets.

The state's attorneys told seven high court judges today that Pawlenty had to make the cuts to balance the state budget, as the constitution requires. A legal aid attorney representing six people whose aid for medically required diets was cut by Pawlenty argued that the Legislature has the sole responsibility of deciding how to spend state money.

Attorneys argued for an hour and 26 minutes in a case with far-reaching ramifications both for the current budget and future governors' powers.

Chief Justice Eric Magnuson asked each attorney to answer one question about state budgeting: Does the governor or Legislature decide "who gets what, when?"

State Solicitor General Alan Gilbert said the balanced budget requirement supersedes other considerations.

"There are limitations about where you can find that kind of money," Gilbert said.

But Galen Robinson, representing those whose diet money was eliminated, said that is not the governor's decision.

"We are dealing with pure legislative power," Robinson said about spending.

While state law does give the governor "unallotment" authority to trim budgets in emergencies, Robinson said, "the triggers for this statute were not met."

Robinson's clients sued Pawlenty, alleging that he used his unallotment authority too early in the budget process, right after the new budget began last July 1. They claim, backed by the state House, that unallotment is to be used only in emergencies and only near the end of a two-year budget cycle.

Today's appeal was by Pawlenty, who contested a late December judge's ruling saying he made some of his $2.7 billion in cuts unconstitutionally. That threw into question his entire budget-balancing action.

The Dec. 30 court ruling only dealt with a $5.3 million program that provides special diets to 4,300 Minnesotans with medical problems, but many have been watching the case to see if others whose programs were affected also will sue.

Since the summer's unallotment, the budget deficit has grown by another $994 million. The state constitution requires a balanced budget.

Chief Ramsey County Judge Kathleen Gearin ruled at the end of December that Pawlenty usurped legislative power by making cuts right after a new budget began last July 1. She indicated that Pawlenty did not meet the law's criteria of only making cuts when an unexpected fund shortage appeared.

At issue is a temporary restraining order Gearin issued last month requiring the Pawlenty administration to continue to pay for the diet program.

The suit was brought by six people who received the special diet aid, including Debra Branley, 56, of St. Louis County. Most were from the Twin Cities area.

Pawlenty ordered funding to the program restored the day after Gearin's ruling, the same day he said he would appeal.

Pawlenty's cuts included $1.8 billion in delaying state payments to public schools, $300 million from state payments to local governments, $236 million in trimming state agencies and $100 million spending for state colleges and universities.

Posted by: Don Davis on 3/15/2010 at 12:25 PM | Permalink

Tags: court, legislature, unallotment

Ag committee illustrates budget process

Magnus

Members of the Minnesota House agriculture finance committee looked through their budget for any place to cut.

For instance, they decided to reduce what the state pays to the Minnesota Livestock Breeder Association by $1,000, practically nothing compared to the state's $31 billion, two-year budget. But as state lawmakers struggle to plug a nearly $1 billion gap, they are looking everywhere.

The committee, which also deals with veterans' issues, has one of the smallest budgets of any area, $208 million. Gov. Tim Pawlenty and most lawmakers pledge not to reduce veterans' spending, so the committee's spending-reduction goal all comes from agriculture programs.

"We are trying our darnedest in this difficult time to continue core services," committee Chairman Rep. Al Juhnke, DFL-Willmar, said, such as making minimal cuts to programs such as food inspection.

However, Juhnke said, agriculture cuts do not affect everyone the same.

"In the ag budget, almost everything being cut is in rural Minnesota," he said.

Particularly noticeable is the delay of $2.3 million in payments being made to ethanol producers. The money, promised more than 10 years ago, is to be paid in the next two-year budget cycle, but the delay does help balance the current budget.

Like many small agencies across state government, the Board of Animal Health would be cut more than 6 percent.

"Even though these cuts are painful, they can handle it," said Rep. Doug Magnus, R-Slayton.
Total House agriculture cuts are $5.9 million, 6.7 percent of the ag budget.

While Juhnke and other rural lawmakers complain that is a larger percentage reduction than many other departments face, it does illustrate the problem lawmakers are tackling throughout state government.

Legislators in 2009 approved the two-year budget that began last July 1. But continuing recession impacts have kept revenues lower than expected. Much of the 2010 legislative session is devoted to tweaking the budget so it is balanced, as the state constitution requires.

In the next few days, the Senate Finance Committee and House Ways and Means Committee are to finish putting together the first of three bills to cut state spending. The first, taking in most state spending other than public schools and health and human services programs, would cut $313 million and could be in front of the full House and Senate within a week.

Senate Majority Leader Larry Pogemiller, DFL-Minneapolis, has been the main advocate for reducing spending in three phases, going from the easiest-to-cut areas in this first bill to the most difficult in the third. Pawlenty has said he would prefer to see an overall budget proposal, but said he will look at the phased-in cuts legislative leaders plan to send him.

Health and human services program reductions are due to be debated next, with public school funding coming last.

Each of those phases could cut about a third of the $994 million deficit, but legislative leaders and Pawlenty say they hope the federal government comes through with more than $300 million for health programs, which could save public schools from any cuts.

Democratic leaders, who control the Legislature, will not say if they expect to pass a tax increase, but many of their members want one to help balance the budget. Pawlenty and most of his Republican colleagues say they cannot support higher taxes.

The Phase 1 House and Senate budget cut plans look different, so after both bodies pass their measures, negotiators will work out differences before sending the bill to Pawlenty.

In many cases, House and Senate plans call for deeper cuts than Pawlenty.

For instance, in the environment and natural resources budget, Pawlenty would cut 4.5 percent of the budget, while the House proposes 5.6 percent and the Senate 5.8 percent.

In the agriculture budget, the House and Senate took different priorities than did Pawlenty.

As an example, each legislative body would give the Agriculture Utilization Research Institute fairly minor cuts, while Pawlenty proposed chopping the Crookston organization's budget in half. And the House bill delays ethanol payments more than Pawlenty.

At times, political considerations trump strict financial discussion. Juhnke's committee left intact aid to county fairs, while Pawlenty cut $28,000.

"I didn't want any of you to go home and say you didn't get your $3 premiums" given to 4-H members, Juhnke told fellow representatives.

But those 4-Hers should not expect in the future to receive even the token amount now provided by the state, as Minnesota faces a multi-billion deficit in the next budget.

"These cuts are mild compared to what is coming next year," Juhnke said.

Posted by: Don Davis on 3/15/2010 at 4:08 AM | Permalink

Tags: agriculture, budget, juhnke, legislature

GOP governor candidates do well in poll

The Minnesota governor's race looks to be close, with a new poll giving Republicans reason to smile.

The poll shows that Republican state Reps. Marty Seifert of Marshall and Tom Emmer of Delano hold their own against better-known Democrats, a sign of what some are saying will be a good GOP election year.

For Democratic-Farmer-Labor candidates, the Rasmussen poll seems to indicate that three would play strong against Seifert and Emmer: former U.S. Sen. Mark Dayton, Minneapolis Mayor R.T. Rybak and House Speaker Margaret Anderson Kelliher.

Rasmussen reports that Emmer and Seifert match-ups with any of the top three Democrats are virtual ties, with something close to 20 percent of voters not sure who they would pick.
Republicans put on an even better showing when pitted against other Democrats, state Sen. Tom Bakk of Cook, state Rep. Tom Rukavina of Virginia and former state Rep. Matt Entenza of St. Paul.

One point in the poll sure to bolster Republican attitudes is that it appears fewer know Emmer and Seifert than know Dayton, Kelliher and Rybak, but the GOP candidates still do better.

The state conventions are little more than a month away. GOP delegates say they will abide by their convention's decision, but Dayton and Entenza likely will challenge the convention-endorsed candidate in an Aug. 10 primary.

Posted by: Don Davis on 3/15/2010 at 12:36 AM | Permalink

Tags: governor race

Pawlenty ready for court ruling

Gov. Tim Pawlenty says he is ready to deal with an adverse court decision about his power to unilaterally cut the budget.

The state Supreme Court hears arguments Monday morning in a case challenging Pawlenty's summer decision to eliminate a meal program for the needy. While the case technically is only about the $5 million program, a district court ruling against Pawlenty puts his entire $2.7 billion budget-cutting action into question.

When reporters asked him if he was ready for a high court ruling that goes against him, Pawlenty replied: "We have those plans in place. ... We have gone through 10 different scenarios."

A loss would "put Minnesota in a very difficult spot," he said, adding that it "would force us to cut spending even more."

Posted by: Don Davis on 3/14/2010 at 12:37 PM | Permalink

Tags: court, pawlenty, unallot

Swanson: Keep ag competition

Minnesota Attorney General Lori Swanson has submitted documents asking the federal government to keep competition strong in agri-businesses.

Swanson's documents, given to the Justice and Agriculture departments, called on federal officials to look into what she called anticompetitive practices in specific industries.

"Anticompetitive practices in the railroad, seed trait and livestock sectors generally mean higher prices and less innovation," Swanson said. "This ultimately impacts both our farmers and our consumers. The U.S. departments of Justice and Agriculture should closely scrutinize anticompetitive practices in these sectors and meaningfully enforce the antitrust laws to promote fair and efficient competition."

A year ago, federal officials announced they would review competition issues, and the first hearing was held Friday.

Swanson said large businesses dominate "what we eat at the table and how our food is delivered and the farmer and consumer has little clout or influence."

Posted by: Don Davis on 3/14/2010 at 12:39 AM | Permalink

Tags: agriculture, swanson

Peterson, Klobuchar back Cuba sales

U.S. Rep. Collin Peterson and U.S. Sen. Amy Klobuchar, both Minnesota Democrats, want more food and other exports to Cuba.

Existing law restricts sales to the communist island country.

“American famers can greatly benefit from access to new markets in Cuba at a time when our economy needs it most,” Klobuchar said. “This bill will create jobs by promoting U.S. agriculture exports. In addition, Cubans and Americans will be able to engage in open communication, an important step towards improving relations between our two nations.”

Posted by: Don Davis on 3/12/2010 at 4:40 PM | Permalink

Tags: congress, cuba, export, klobuchar, peterson

Westrom fights federal bulb law

Rep. Torrey Westrom, R-Elbow Lake, wants to draw attention, and fight, a federal plan to stop the sale of traditional incandescent light bulbs.

He authored a bill that would exempt Minnesota from a federal law that he says essentially phases out incandescent bulbs as the country transitions to bulbs that use less energy.

The Westrom bill would allow light bulbs made in Minnesota to be used in Minnesota.

“A lot of people are unaware this ban of our everyday light bulbs is coming,” Westrom said. “We should to take note that our federal government’s meddling has reached the point where now Washington is telling us what light bulbs we use. This intrusion into the free market and our lives can't be tolerated, regardless of the product.”

Westrom said he knows of no Minnesota factory that makes bulbs, but his bill could lead to one opening.

Posted by: Don Davis on 3/12/2010 at 12:38 PM | Permalink

Tags: energy, legislature, westrom

Magnuson leaves top court job

Magnuson seeking more court funding

Chief Justice Eric Magnuson, who helped oversee a U.S. Senate recount and argued against massive budget cuts, will leave office June 30 after two years on Minnesota's highest court.

His Thursday announcement came just days before the Minnesota Supreme Court hears oral arguments in a case challenging Gov. Tim Pawlenty's authority to unilaterally cut the state budget.

Magnuson was unavailable for comment but in a letter to Gov. Tim Pawlenty, who appointed him in March 2008, he cited personal reasons for stepping down.

"It has been my privilege to serve as chief justice of the Minnesota Supreme Court for the past two years," Magnuson wrote. "I have found the position to be both challenging and rewarding. However, for reasons personal to me and my family, I have decided to step down and return to private practice."

Pawlenty thanked Magnuson for his service.

"Leading Minnesota's judicial system and heading our highest court is an extremely important and tough job," Pawlenty said in a statement. "Chief Justice Magnuson has served in this role over the past two years with great diligence, thoughtfulness and fairness."

The chief justice leads the Supreme Court and, in essence, runs the state's judiciary.
Magnuson and Pawlenty worked together as partners at now defunct Rider Bennett. He was Pawlenty's fourth selection to the Supreme Court. But during his tenure, Magnuson disagreed with Pawlenty over proposed cuts to the judicial budget.

"He's done that in a very neutral, professional manner even though it had some potential cost for him," said Eric Janus, dean of the William Mitchell College of Law where Magnuson received his degree. "That really showed he is a person of extremely high integrity and principle."

Former Chief Justice A.M. "Sandy" Keith was surprised. He thought Magnuson was building great relationships with prosecutors, public defenders and other legal groups.

"He's made a very good impression on the entire system," Keith said.

Keith, who held the position from 1990 to 1998, indicated the work takes a toll.

"It takes a lot of time," Keith said of the position. "You have to travel throughout the state. There is a ton of reading. ... I hardly saw my wife."

Secretary of State Mark Ritchie got to know Magnuson during the U.S. Senate recount following the 2008 election. He said Magnuson showed up at the State Canvassing Board's first meeting armed with reams of research from judicial rulings dating back more than a century.

"He was going beyond the call of duty to help all of us," Ritchie said.

Ritchie credited Magnuson for his integrity and for the humor with which he approached the recount, noting especially Magnuson's amusement at write-in votes for imaginary candidates such as "Lizard People."

"He was fun," Ritchie said. "He has a tremendous sense of humor. He knew how important this was but how we had to be humans in the process."

Before joining the court, Magnuson worked at Briggs and Morgan in Minneapolis. He has no agreement in place to return, though Alan Maclin, president of the firm, said he would be honored to have Magnuson back.

"I believe he has distinguished himself as chief justice and we are eager to talk to him," Maclin said.

Rep. Karla Bigham, DFL-Cottage Grove, said Magnuson's legacy will be fighting for funding amid economic tumult. "Chief Justice Magnuson has been a tremendous and tireless fighter for the courts," she said.

Charlie Weaver, a Pawlenty friend and one-time attorney general candidate, said he and his wife learned the magnitude of the job while vacationing with then-Chief Justice Kathleen Blatz.

"She would bring along a foot-high stack of (legal documents) that she needed to read that weekend in preparation for oral arguments on Monday," he said. "It is not a glamorous job."
Weaver said Magnuson has done it well.

"He has proven in his brief two years to be an excellent chief justice, thoughtful and smart, not afraid to get involved in public policy in an appropriate way."

Posted by: Andrew Tellijohn on 3/12/2010 at 7:47 AM | Permalink

Tags: courts, magnuson

Bonding bill passes amid gripes

Sens. Langseth, Tomassoni

Republicans blasted a public works funding bill as being too expensive, but as the Minnesota House and Senate passed a revised measure Thursday a Democrat delivered the most stinging speech against the plan written by his own party members.

Rep. Al Juhnke, DFL-Willmar, complained about "the smelly underbelly of this bill," saying that legislative leaders violated their own rules when they gave money to a Minneapolis Veterans' Home expansion project and skipped over one in Willmar.

"At the end of the day, it becomes very easy, for some reason, to say 'yes' to a $28 million project in Minneapolis and say 'no' to a rural Minnesota veterans' mental health facility," Juhnke said in an impassioned speech to fellow representatives.

The House passed the bill 89-44, with the Senate following 49-17. Gov. Tim Pawlenty says he will erase individual projects from the bill, but has yet to say which ones.

Originally, Republican Pawlenty suggested a $685 million public works bill. The bill the Democratic-control Legislature passed is just short of $1 billion, paying for things ranging from repairing state buildings to helping fund civic and sports centers in some communities.

Pawlenty has three days from the time the bill arrives on his desk to make decisions on what to cut.

Thursday's votes were the second for the two chambers. After the first public works bill passed, legislative leaders held onto it so further negotiations could proceed with Pawlenty. However, public works negotiators said that Pawlenty would not sit down with them, so they added his priorities and went ahead with the revised version.

Key to the bill's passage was putting $47.5 million in for a Moose Lake sex offender treatment center expansion, a top Pawlenty priority. He also gained permission to buy land along Lake Vermilion for a state park and to increase spending on prison security.

Another Pawlenty request was to spend $9.5 million on the Minneapolis Veterans' Home, the item that bothered Juhnke, chairman of a committee that finances veterans' projects. In the bonding bill's first House and Senate vote, $5.5 million was approved for a veterans' mental illness facility in Willmar, and nothing for the Minneapolis facility.

Legislative rules say no project may be funded during a House-Senate conference committee unless either the House or Senate earlier approved it.

"At the end of the day, members, it is partisan petty politics in the back rooms of the Capitol," Juhnke said in asking fellow lawmakers to send the bill back for more negotiation. "I will not put up with this."

Rep. Rod Hamilton, R-Mountain Lake, agreed with Juhnke: "The most alarming thing is exactly, precisely what Chair Juhnke said over there. It is about throwing southwestern Minnesota under the bus."

Republicans complained that projects such as a Rochester volleyball center and a Minneapolis sculpture would receive money.

"Whose votes are being bought here?" Rep. Torrey Westrom, R-Elbow Lake, asked.
Added Rep. Dean Urdahl, R-Grove City: "I really feel we have some misplaced priorities."
Rep. Steve Drazkowski, R-Wabasha, called the bill "a trainload of pork."

But Sen. Keith Langseth, DFL-Glyndon, was pleased.

"What we ended up with is good for the state of Minnesota," said Langseth, the chief Senate public works negotiator.

Langseth said he would not suggest to Pawlenty what projects to cut to reduce costs, but predicted "he isn't going to do $300 million."

Sen. David Tomassoni, DFL-Chisholm, offered his advice to Pawlenty: "I don't think he should cut anything. I think we have a very good compromise here."

Posted by: Don Davis on 3/12/2010 at 4:30 AM | Permalink

Tags: bonding, juhnke, legislature

Panel looks at Wisconsin tax deal

A Minnesota Senate committee is looking at how to revive a long-standing practice in which Wisconsin and Minnesota residents who work in the other state only pay income taxes at home.

The Senate Taxes Committee heard testimony Thursday on a pair of bills relating to the 4-decade-old agreement that would allow about 13,000 Minnesotans and more than 33,000 Wisconsin residents who cross the state border for work to file income tax returns in just one state.

The program was terminated in September because Gov. Tim Pawlenty felt Minnesota's neighbors to the east were taking too long to make payments, which he said hurt his budget-balancing attempts.

One bill calls for restoring the reciprocity agreement. Sponsored by Sen. Sharon Erickson Ropes, DFL-Winona, the proposal would give the Legislature power to make reciprocity agreements. That would be consistent with Wisconsin, where the Legislature has authority to end or negotiate changes in reciprocity.

The change, Ropes said, would also take the governor out of a position "where he is singlehandedly capable of raising taxes without any kind of legislative input or representation from taxpayers."

Ropes said citizens in her district have indicated the end of reciprocity will send their taxes will up $300 to $400 a year.

A separate bill proposed by Sen. Kathy Saltzman called for the Minnesota Revenue Department to work with Wisconsin counterparts to study each state's income tax returns for the 2010 tax year.

The department would report back to the governor and lawmakers with updated benchmarks for the program going forward.

Saltzman, DFL-Woodbury, said Wisconsin and Minnesota lawmakers have been working together to find ways to re-establish the reciprocity agreement.

The committee decided to hold onto both measures to consider folding them in a larger bill.

Posted by: Andrew Tellijohn on 3/12/2010 at 3:24 AM | Permalink

Tags: legislature, tax, wisconsin

Farmers may receive federal aid

Farmers in 16 Minnesota counties will be eligible for emergency loans and other help after dealing with multiple weather problems.

U.S. Agriculture Secretary Tom Vilsack on Thursday announced the farmers, mostly in northern Minnesota, are due federal aid because their farms have sustained excessive rain, flooding, frost and cold.

"Many farm operations are already struggling with low farm prices, and these weather disasters have made it even harder for them to operate,” Sen. Al Franken, D-Minn., said.

“Farmers in these counties were faced with many different types of challenges that damaged crop production,” Gov. Tim Pawlenty said. “This agricultural disaster designation and federal assistance will help farm operators who suffered losses this fall.”

Counties in the disaster declaration are Aitkin, Becker, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Itasca, Lake, Mahnomen, Pope, St. Louis, Wadena and Wilkin. Farmers in adjoining counties also may receive federal assistance, and those in Pennington and Roseau counties were declared disaster areas last fall.

Federal officials said they will decide on a case-by-case basis what farmers are eligible for aid. Local Farm Services Administration offices are farmers' points of contact.

Aid usually consists of low-interest loans.

Pawlenty requested the disaster declaration on Jan. 11, telling Vilsack that significant weather-related crop losses were reported in 2009.

Minnesota's northern counties experienced a variety of weather, ranging from near drought in the northeast to cold and wet growing conditions in the north central to flooding in the northwest.

Pawlenty's office said farmers in the affected counties lost at least 30 percent of their corn, soybeans, canola, sunflowers, flax, barley, oats, blueberries, honey, dry edible beans, rye and sugar beet crops.

Posted by: Don Davis on 3/11/2010 at 5:24 PM | Permalink

Tags: farm, federal, franken, pawlenty

Magnuson resigns after 2 years

Magnuson, left, and Secretary of State Mark Ritchie at Senate recount

Minnesota Supreme Court Chief Justice Eric J. Magnuson announced Thursday that he will leave the state's highest court effective June 30.

Magnuson was appointed by Gov. Tim Pawlenty in March 2008.

"It has been my privilege to serve as chief justice of the Minnesota Supreme Court for the past two years," Magnuson said in a letter to Pawlenty. "I have found the position to be both challenging and rewarding. However, for reasons personal to me and my family, I have decided to step down and return to private practice."

As chief justice, Magnuson has served as chair of the Judicial Council, the policy-making body of the Judicial Branch. Before joining the court he had been an attorney and shareholder and Briggs and Morgan in Minneapolis where he specialized in appellate law.

Posted by: Andrew Tellijohn on 3/11/2010 at 3:34 PM | Permalink

Tags: courts, magnuson

Senator pulls mining bill

A senator pushing a bill to increase financial oversight and protect the environment as a new type of mining develops in northern Minnesota abruptly withdrew the measure Wednesday night.

In front of a busload of Iron Rangers who opposed the bill, fearing it would hurt the chance for a new mine, Sen. Jim Carlson pulled the bill from consideration after a Senate committee spent 12 hours discussing the issue this week.

Carlson said that he was unsure whether he had the votes for the bill to proceed.

"I feel good that we had a good hearing," he said. "This was one of the best fact-finding meetings we've had in a long time."

Carlson acknowledged that environmental advocates are disappointed with his decision. But, he added, his bill would have done less to restrict a proposed copper and nickel mine than the U.S. Environmental Protection Agency's draft environmental impact statement that some say could not stand up in court.

"This is not going anywhere until those questions are answered," he said.

The committee had spent hours looking into nonferrous mining in two Monday meetings and nearly five hours Wednesday night.

Carlson, DFL-Eagan, pulled the bill just before 10 p.m., after the committee heard discussion of the EPA's draft environmental impact statement and Carlson's bill aimed at firming up the level of financial assurances mining companies must present before they can open a nonferrous mine, such as those that would produce copper and nickel.

"We all need to manage our risk," Carlson said as he began testimony earlier Wednesday night.

PolyMet Mining Corp. officials and other mine supporters say the protections sought under Carlson's bill are duplicative and could delay or kill the project, thus putting hundreds of jobs at risk.

The discussion stems from several proposed plans for nonferrous mining projects in northern Minnesota. Furthest along is PolyMet, which is closing in on permits and approvals necessary for opening the state's first such mine.

Wednesday night's committee meeting came in front of a packed Capitol committee room, with some people forced to listen to the proceedings in other parts of the Capitol. Most in the committee room opposed Carlson's bill and live near where PolyMet and other companies propose mines.

Ironically, another well-watched meeting ended with the same results Wednesday night. In that meeting, Sen. Dan Sparks, DFL-Austin, tabled his bill to add slot machines to the state's two horse-racing tracks.

The so-called “racino” bill did not have enough votes to pass out of committee.

Both the racino and the mining meetings were packed.

PolyMet has spent more than $25 million and nearly four years on the permitting process for its copper and nickel mine. The company expects the $602 million project located at the eastern end of the Mesabi Iron Range to create $242 million in economic impact for St. Louis County and establish hundreds of stable jobs.

Carlson said he supports nonferrous mining and would rather speed up the project than slow or stop PolyMet's project.

"If this was to stop mining I wouldn't be involved," he said.

Carlson added that each entity involved in the project must reduce the risks associated with this new type of mining, which in some areas has been reported to produce large levels of sulfuric acid.

He acknowledged that many aspects of the project are regulated in existing rules. His bill aims to take those state and federal rules and put them into a state law dealing specifically with nonferrous mining to protect taxpayers in the event a mining company pollutes the land, shuts its doors and tries to leave town.

Supporters of Carlson's bill say mining companies have a history of polluting the land and sticking taxpayers with the cleanup costs.
Steve Morse, executive director of the Minnesota Environmental Partnership, said he recognizes that mining is and will be a vital part of Minnesota's economy.

He reiterated that Carlson's bill doesn't deal specifically with PolyMet but with protecting taxpayers with that and similar nonferrous projects.

"This is not jobs vs. the environment," he said. "This is about how we move forward in a way that is protective of the environment."

Marlene Pospeck, mayor of Hoyt Lakes where the PolyMet project would be located, said the bill could delay it by up to two years if not kill it all together.

She asked the committee to stop the road blocks "and let PolyMet get on with it."

"Hundreds of livable wage jobs hang in the balance," she said.
Kelly Payne, manager of environmental remediation for Rio Tinto, which is also exploring mining in northern Minnesota, said the company has several concerns about the bill, particularly its move to disallow the use of letters of credit and surety bonds.

"Rio Tinto relies heavily on these instruments," he said.

Payne said the company posted an $18 million surety bond on a recently permitted nickel, copper, sulfide mine in Michigan to cover remediation and would expect a similar requirement in Minnesota based on existing statutes.

The meeting started with lawmakers hearing discussions on the EPA's draft environmental impact statement, which has been used by critics of the PolyMet project as ammunition against the mine. The EPA last month wrote to the U.S. Army Corps of Engineers regarding several shortcomings in the draft statement it found so severe "the proposed action must not proceed as proposed."

Steve Colvin of the Minnesota Department of Natural Resources told lawmakers the agency has received nearly 3,800 letters with 10,000 comments about the project and will respond to each one.

"It's fairly routine that there is disagreement and negotiation ... leading up to the final review," Colvin said.

Scott Strand, executive director of the Minnesota Center for Environmental Advocacy, said he does not oppose the project. But he also raised concerns that the statement as it stands could be challenged legally because it lacks details in several areas, such as the kinds of treatment options that will be available for eventual water pollution issues and what they would cost.

He indicated that the DNR is doing what it should by working with the EPA to solve the problems but if they don't do so successfully "this is going to have a hard time going forward."

Posted by: Andrew Tellijohn on 3/11/2010 at 8:31 AM | Permalink

Tags: environment, legislature, mining

Pawlenty plans for bonding bill

Gov. Tim Pawlenty is looking at ways to chop a public works funding bill down to size and how to expand a sex offender facility on the cheap.

Pawlenty on Wednesday said he plans to sign a public works bill, which the House and Senate likely will pass today. However, he added, he will trim down the nearly $1 billion spending bill by eliminating recreation, arts and local projects that he does not feel should be funded by state government.

The top Republican House public works negotiator predicted Tuesday night that Pawlenty either would veto the entire bill or dramatically decrease its size. On Wednesday morning, Pawlenty said he opted to use his line-item veto power to reduce spending.

"The bonding bill incorporates most of our key priorities..." Pawlenty said. "It is a bill we can work with."

In hopes that he would sign the bill, Democratic public works negotiators decided to include Pawlenty's major projects: expanding a sex offender treatment facility at Moose Lake, improving security at prisons, fixing the Minneapolis Veterans' Home and allowing the purchase of land along Lake Vermilion for a state park.

It also spends $63.5 million for flood-prevention projects, which Pawlenty said would remain in the bill. He made that comment Wednesday after surveying Moorhead's work in fighting an expected flood this spring.

Back in St. Paul later in the day, the governor said that he has not decided what projects he would remove from the public works bill, which is funded by the state selling bonds. But he did repeat his feeling that the Moose Lake facility, prison and other public safety issues take priority over arts and recreation projects.

Pawlenty said he will trim the bill to "something more reasonable and responsible and affordable."

Legislators were relieved to know Pawlenty's plans, even if they do not agree with what he will do.

"It's better news than we have had," said Sen. Keith Langseth, DFL-Glyndon.

"I think that is good," added Rep. Loren Solberg, DFL-Grand Rapids. "We already recognize every governor has three options on the bonding bill."

Those three options are signing the bill, vetoing it and vetoing parts of the bill. Also, the governor's administration does not have to sell bonds to fund projects even if legislators approve them.

Solberg has been frustrated, especially, by Pawlenty's insistence on spending $89 million to expand sex offender treatment facilities. Four years ago, the same proposal would have cost $47.5 million, Solberg said, and construction costs have fallen since then.

Solberg, Langseth and others complain that the Pawlenty administration has refused to offer reasons why the cost rose so much.

In meeting with reporters Wednesday, Pawlenty sidestepped questions about the high cost of the sex offender center, what some Democrats have called "Pawlenty's palace."

"There was an extensive design and plan that was done," Pawlenty said, adding that lawmakers funded the design.

The governor said now that he has little more than half of the money he wanted, he has ordered his staff to concentrate on adding capacity for more sex offenders instead of items such as a gymnasium, craft room and, a bigger kitchen.

However, Pawlenty said, the state must meet requirements set by judges.

"It cannot be just like a prison because the courts will not tolerate that..." Pawlenty said. "It is a matter of the courts of deciding what is appropriate for someone in civil commitments."

Sex offenders in Moose Lake have served their prisons terms and are committed to the facility because they are deemed too dangerous to be released. They are supposed to receive treatment, but no offender has been let out of the facility.

The full House and Senate are to vote on the bonding bill today, expecting Pawlenty to quickly veto individual items he does not want.

Pawlenty suggested spending $685 million for public works projects, ranging from fixing college buildings to building trails, far less than the $1 billion the conference committee accepted.

Langseth said that he wants Pawlenty to be careful about trimming the bill. "I hope he gives his pen a rest."

Posted by: Don Davis on 3/11/2010 at 6:05 AM | Permalink

Tags: bonding, langseth, legislature, pawlenty, solberg

Pogemiller streamlining bill meets opposition

The Senate leader's proposal to abolish two state departments and trim another, while also cutting the number of political appointees throughout state government, met opposition from within his own party.

However, it gained support from unions that would not be affected.

The bill by Senate Majority Leader Larry Pogemiller, DFL-Minneapolis, also would turn over most reorganization duties to employees. Governors now are responsible for major changes.

New governors "get caught up in the struggles between finance committees and departments and commissioners that make it hard to move the ball during their short times in office," Pogemiller said. "Real change only takes place if the people doing the work create the change."

Among the bill's provisions is one that orders the governor to reduce the number of deputy commissioners, assistant commissioner and other political employees.

That did set well with Sen. Terri Bonoff, DFL-Minnetonka. "I am not a fan of micromanagement, telling the governor that he or she must reduce so many positions."

Sen. Thomas Bakk, DFL-Cook, expressed concern about getting rid of agencies. In the past, smaller agencies consumed by larger ones sometimes have their efforts diluted in the process, he said.

And Gov. Tim Pawlenty did not like the concept: "I just don't think it is a good idea to turn over the keys of state government to unelected bureaucrats."

The Pogemiller bill would abolish the Department of Employment and Economic Development and Labor and Industry Department. It also would eliminate part of the Commerce Department's duties.

While the bill passed one committee Wednesday, it has more committee stops to make before reaching a full Senate vote.

Posted by: Don Davis on 3/11/2010 at 5:41 AM | Permalink

Tags: government, legisalture, pogemiller

Advance disaster aid sought

A state disaster assistance program should be established before flooding this year, a state lawmaker says.

Rep. Terry Morrow, DFL-St. Peter, said the program is needed to help communities along the Red and Minnesota rivers that are not covered by a presidential disaster declaration. His bill also would allow the state to match any federal aid that is available.

“Now is the time to act," Morrow said. "We know that the conditions are set for serious floods in Minnesota. It’s better to prepare now than to scramble in the aftermath."

Morrow said the bill is needed because communities often wait for months before getting aid.

Posted by: Don Davis on 3/10/2010 at 10:44 PM | Permalink

Tags: disaster, flooding, legislature