Journal of the House - Top
of Page 13029
COMMUNICATIONS
RECEIVED PRIOR TO ADJOURNMENT SINE DIE
AND
NOT ACTED UPON
The following communications were received prior to adjournment
sine die by the House:
PETITIONS AND COMMUNICATIONS
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
16, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Anderson Kelliher:
I have vetoed and am returning H. F. No. 6, Chapter No. 332,
the Omnibus K-12 Education Finance Bill.
At the start of the session, I proposed a solution that held
education harmless from cuts and made a modest investment in education reform
initiatives. Unfortunately, rather than seizing an opportunity to pass
legislation that would provide students with greater access to rigorous
coursework and create new pathways to recruit and retain high quality teachers,
the Legislature passed this bill that contains no education reform and, in
fact, moves backward on existing education reform and accountability
initiatives.
I am disappointed that the Legislature chose to freeze school
district participation in the Q Comp program, which promotes performance based
compensation for teachers. Q Comp has demonstrated great success in the
districts and schools that have implemented the program. Approximately 30
additional districts and schools are in the process of applying for the Q Comp
program for the 2008-2009 school year. This bill will essentially eliminate the
possibility for new districts and schools to join the program.
This bill also reflects misplaced priorities as it reduces or
eliminates other important programs that measure student progress and help
ensure that students can prepare for post-secondary academic and career
success. The funding reductions in Fiscal Years 2008 and 2009 - and elimination
of all future funding - for the College Level Examination Program (CLEP) and
the Educational Planning and Assessment Systems (EPAS) programs are examples of
misplaced priorities that will stifle the state's ability to provide
preparation opportunities and support to students as they transition to higher
education. In addition, the permanent reductions to the statewide testing
program would make it extremely difficult to meet state and federal testing
requirements to assess student and school performance.
In addition to taking funding away from important reform,
assessment, and post-secondary preparation priorities, this bill increases
overall state spending without paying for that spending within the context of
our state budget challenges. Until there is a global agreement reached on how
the state will balance the state budget, I am not approving any additional bills
that significantly increase overall state spending. Passing this bill outside
of an agreement solving the budget shortfall is irresponsible.
Journal of the House - Top
of Page 13030
In the future, I hope the Legislature will join me in working to
ensure that we have a strong education accountability system, policies to
recruit the best and brightest into the teaching profession, and a shared
priority of maximizing the significant investment Minnesota already makes in
K-12 education. It is my hope that we can work together collaboratively in
future legislative sessions to create opportunities that improve student
performance and achievement and lead to real educational reform.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
18, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Anderson Kelliher:
I have vetoed and am returning H. F. No. 1875, Chapter No. 346,
a bill that creates a statewide school employee health insurance pool.
This bill is similar to the statewide teacher health pool bill
I vetoed last year except that, under this bill, the pool would operate as a
fully insured pool rather than a self-insured pool. Although this change
resolves some of the solvency and regulation related concerns I raised last
year, many of the other concerns outlined in my prior veto message have not
been addressed. In addition, the structure of the fully insured health
insurance pool under this bill raises several new areas of concern.
The structure of the proposed school employee health insurance
pool was fundamentally changed late in the legislative session. Thus, the impacts
and costs to school districts associated with this new structure were not fully
vetted during regular committee hearings. These impacts may be significant and
need to be fully understood.
Indeed, some cost estimates suggest that mandating school districts
to purchase insurance through this fully insured pool could increase costs to
school districts by as much as $110 million per year. Questions have also been
raised about the impact of requiring school districts that are self-insured to
purchase into the fully insured health insurance pool and the impact this could
have on administrative costs. Given the magnitude of the changes to the
proposed health insurance pool, further study and discussion is needed to
understand the full impacts and costs created by this bill. It does not make
sense for the state to mandate that school districts obtain health insurance
from a health insurance pool if participating school districts do not achieve
significant savings.
This bill also permits $4 million to be spent out of the state
budget reserve. This spending is outside of the budget agreement reached
between my office and the House and Senate leaders. I am not willing to support
additional spending from the state budget reserves that is not included in the global
agreement reached with legislative leaders.
Journal of the House - Top
of Page 13031
I also question the need for this $4 million in new spending.
In past versions of this bill, the funding was for the establishment of a
self-insured health insurance pool. Because this bill would create a fully
insured pool, the initial reason supporting the spending may no longer exist.
For these reasons, I have vetoed H. F. No. 1875.
Sincerely,
Tim
Pawlenty
Governor
MESSAGES AND COMMUNICATIONS
RECEIVED
SUBSEQUENT TO ADJOURNMENT
SINE DIE
The following messages and communications were received
subsequent to adjournment sine die by the House:
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 4166, A bill for an act relating
to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2006, sections 3.7394, subdivision 3, as added;
16B.335, subdivision 2, as amended; 169.865, as added; 260C.007, subdivision
18; Minnesota Statutes 2007 Supplement, sections 16A.531, subdivision 1a;
341.25, as amended; Laws 2005, First Special Session chapter 1, article 4,
section 39, as amended; Laws 2008, chapter 154, article 3, section 3; Laws
2008, chapter 179, sections 3, subdivision 12; 5, subdivision 5; 11; 15,
subdivision 7; 21, subdivision 15; 2008 H. F. No. 1724, section 14, if enacted;
proposing coding for new law in Minnesota Statutes, chapter 3.
Colleen
J. Pacheco,
Second Assistant Secretary of the Senate
Madam Speaker:
This is to inform you that the Senate is about to adjourn the
Eighty-Fifth Legislative Session sine die.
Colleen
J. Pacheco,
Second Assistant Secretary of the Senate
PETITIONS AND COMMUNICATIONS
The following communications were received:
Journal of the House - Top
of Page 13032
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
15, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3574, relating to the State Building
Code; regulating the application and enforcement of the State Building Code;
modifying continuing education course content for residential contractors and
remodelers; requiring commercial general liability insurance for licensees;
authorizing Duluth Entertainment and Convention Center Authority to enter
contract for construction work on entertainment and convention center.
H. F. No. 3222, relating to human services;
amending health care services provisions; making changes to a managed care
contract provision; increasing a HMO renewal fee; changing provisions relating
to sex offender program; changing a work activity provision under MFIP;
requiring a report; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3576 307 3:02
p.m. May 15 May
15
3669 308 2:46
p.m. May 15 May
15
3140 309 2:35
p.m. May 15 May
15
Journal
of the House - Top of Page 13033
3672 311 2:33
p.m. May 15 May
15
2379 312 2:36
p.m. May 15 May
15
2909 313 2:44
p.m. May 15 May
15
3303 314 2:41
p.m. May 15 May
15
3235 315 6:19
p.m. May 15 May
15
3492 316 2:43
p.m. May 15 May
15
3563 317 3:03
p.m. May 15 May
15
2941 321 1:10
p.m. May 15 May
15
3574 322 3:11
p.m. May 15 May
15
2876 325 2:50
p.m. May 15 May
15
3222 326 6:25
p.m. May 15 May
15
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
16, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 4223, relating to local government;
establishing the Business Energy Accountability Act; modifying subordinate
service district provisions; providing for transfer of certain drainage
systems; providing for interim uses in zoning; modifying charter commission
provisions; modifying title registrars' fees; modifying Minnesota Common
Interest Ownership Act; modifying Minneapolis dedication fee provisions.
H. F. No. 3367, relating to the open meeting
law; requiring closed meetings to be recorded; granting attorney fees in
certain cases.
H. F. No. 3699, relating to elections;
authorizing use of certain ballots; providing for discretionary partial
recounts; specifying certain procedures; changing certain voting system
requirements; transferring certain funds.
Sincerely,
Tim
Pawlenty
Governor
Journal of the House - Top
of Page 13034
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
2833 328 4:12
p.m. May 16 May 16
4223 331 4:03
p.m. May 16 May 16
2390 333 4:08
p.m. May 16 May 16
3367 335 4:09
p.m. May 16 May 16
3699 336 4:13
p.m. May 16 May 16
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
18, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3420, relating to property; revising
procedures and fees charged by county registrars of title for registering
supplemental declarations of common interest communities; providing for
transfer on death deeds; clarifying acknowledgments made in a representative
capacity; clarifying application of certain common law doctrine to registered
land; eliminating obsolete language and making other technical and conforming
changes; modifying the Uniform Probate Code; amending provisions relating to
mortgage foreclosure; providing for foreclosure prevention counseling;
prescribing preforeclosure and foreclosure notices.
Journal of the House - Top
of Page 13035
H. F. No. 3783, relating to commerce; regulating
insurance fees, coverages, contracts, filings, and forms; regulating financial
planners, motor vehicle retail installment sales, service contracts, real
estate appraisers, subdivided lands, domestic mutual insurance companies, and
collection agencies; merging certain joint underwriting associations; making
technical and clarifying changes.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3420 341 4:04 p.m. May 18 May
18
3377 343 3:22
p.m. May 18 May
18
3783 344 4:02 p.m. May 18 May
18
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
19, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Journal of the House - Top
of Page 13036
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3034, relating to construction
professions; modifying provisions relating to the electrical, plumbing, water conditioning,
boiler, and high-pressure piping professions.
H. F. No. 3955, relating to state government;
regulating certain payments to I-35W bridge collapse survivors; promoting
community-based care for older adults through the establishment of a community
consortium demonstration project; establishing a community consortium account
in the general fund to distribute pooled resources; requiring an evaluation of
the demonstration project.
H. F. No. 3195, relating to environment;
establishing the Legislative Greenhouse Gas Advisory Group; requiring studies
and reports to the legislature regarding cap and trade program for greenhouse
gases; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3034 337 10:03 a.m. May 19 May
19
3955 338 10:02 a.m. May 19 May
19
3195 340 11:13 a.m. May 19 May
19
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - Top
of Page 13037
STATE OF
MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
23, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 1724, relating to occupations and
professions; providing for registration of naturopathic doctors; establishing
an advisory council; appropriating money.
H. F. No. 3800, relating to transportation;
modifying or adding provisions relating to highways, motor vehicles, vehicle
registration, traffic regulations and surcharges, commercial vehicles and
vehicle combinations and permits, pupil transportation and school bus drivers,
drivers' licenses, driver training, motor fuels, the State Patrol, transit and
paratransit planning, the transfer of right-of-way to state rail bank,
nonmotorized transportation, transportation finance, and other
transportation-related programs or practices; requiring studies and reports;
imposing penalties; appropriating money.
H. F. No. 3376, relating to human services;
changing provisions in the MFIP work participation program licensing and child
care; making technical changes; changing child welfare provisions; establishing
the Interstate Compact for the Placement of Children; changing provisions for
child placement; establishing child in voluntary foster care for treatment;
changing data privacy provisions.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
Journal of the House - Top
of Page 13038
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
1724 348 11:55 a.m. May 23 May
23
3800 350 12:01 p.m. May 23 May
23
3360 353 12:14
p.m. May 23 May
23
2809 355 11:50
a.m. May 23 May
23
3096 356 12:19
p.m. May 23 May
23
3056 357 12:17
p.m. May 23 May
23
3376 361 11:54 a.m. May 23 May
23
3322 364 11:57
a.m. May 23 May
23
2492 367 12:13
p.m. May 23 May
23
2651 368 12:37
p.m. May 23 May
23
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
27, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3082, relating to retirement; various
retirement plans; adding two employment positions to the correctional state
employees retirement plan; including certain departments of the Rice Memorial
Hospital in Willmar and the Worthington Regional Hospital in privatized public
employee retirement coverage; providing for the potential dissolution of the
Minnesota Post Retirement Investment Fund; increasing teacher retirement plan
reemployed annuitant earnings limitations; temporarily exempting Metropolitan
Airports Commission police officers from reemployed annuitant earnings limits;
mandating joint and survivor optional annuities rather than single life
annuities as basic annuity form; making various changes in retirement plan
administrative provisions; clarifying direct state aid for the teacher
retirement associations; clarifying the handling of unclaimed retirement
accounts in the individual retirement account plan; providing for a study of
certain Minnesota State Colleges and Universities System tenure track faculty
members; modifying the manner in which official actuarial work for public
pension plans is performed; allowing pension plans greater latitude in setting
salary and payroll assumptions; extending amortization target dates for various
retirement plans; making the number and identity of tax-sheltered annuity
vendors a mandatory bargaining item for school districts and their employees;
allowing a certain firefighter relief association certain benefit increases;
requiring a review of teacher benefits; allowing security broker-dealers to
directly hold local pension plan assets; increasing upmost flexible service
pension maximum amounts for volunteer
Journal of the House - Top
of Page 13039
firefighters; creating a
voluntary statewide volunteer firefighter retirement plan advisory board within
the Public Employees Retirement Association; allowing various retirement plans
to accept labor union retired member dues deduction authorizations; authorizing
various prior service credit purchases; authorizing certain service credit and
coverage transfers; authorizing a disability benefit application to be
rescinded; authorizing a retirement coverage termination; providing an
additional benefit to certain injured Minneapolis bomb squad officers; allowing
certain Independent School District No. 625 school board members to make back
defined contribution retirement plan contributions; revising post-2009
additional amortization state aid allocations; modifying PERA-P&F duty
disability benefit amounts; authorizing a PERA prior military service credit
purchase; revising the administrative duties of the board and the executive
director of the Minnesota State Retirement System; appropriating money.
H. F. No. 3346, relating to housing; providing
assistance to prevent mortgage foreclosure; increasing the maximum amount of
financial assistance.
H. F. No. 4166, relating to legislative
enactments; correcting miscellaneous oversights, inconsistencies, ambiguities,
unintended results, and technical errors.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3594 347 12:10
p.m. May 27 May
27
3082 349 12:09 p.m. May 27 May
27
3346 362 12:11 p.m. May 27 May
27
2597 369 12:50
p.m. May 27 May
27
4166 370 1:01 p.m. May 27 May
27
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - Top
of Page 13040
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
29, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have signed into law, with the following line-item veto, the
Supplemental Budget Bill, H. F. No. 1812, Chapter No. 363.
● Lines 56.15 to 56.22: An
appropriation for $134,000, for the development and adoption of rules to
regulate emission standards of motor vehicles sold in the state of Minnesota.
The policy bill to be supported by this appropriation did not pass.
Nonetheless, this appropriation was inadvertently included in H. F. No. 1812.
This appears to be an oversight and funding for this activity was also not a
part of the global agreement reached between my Administration and legislative
leadership. Legislative leaders have acknowledged this oversight, and they do
not object to this line-item veto.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
29, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear
Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 4072, relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other improvements of a capital nature with certain conditions;
authorizing the sale of state bonds; modifying previous appropriations; appropriating
money.
H. F. No. 3149, relating to the financing and
operation of state and local government; modifying property tax refund; making
policy, technical, administrative, enforcement, collection, refund, clarifying,
and other changes to income, franchise, property, sales and use, minerals,
aggregate, motor vehicle, wheelage, mortgage, deed, cigarette and tobacco,
gasoline, and estate taxes, and other taxes and tax-related provisions;
providing for aids to local
Journal of the House - Top
of Page 13041
governments; changing,
eliminating, and providing property tax exemptions and credits; modifying job
opportunity building zone program; modifying green acres; providing aggregate
resource preservation property tax law; modifying levies, property valuation
procedures, homestead provisions, property tax classes, and class rates;
providing for and modifying sales tax exemptions; exempting two-wheel,
motorized vehicles from wheelage tax; providing credits; providing for
additional financing of metropolitan area transit and paratransit capital
expenditures; authorizing issuance of certain obligations; modifying provision
governing bonding for county libraries; changing and authorizing powers,
duties, and requirements of local governments and authorities and state
departments or agencies; modifying, extending, and authorizing certain tax
increment financing districts; authorizing and modifying local sales taxes;
providing federal updates; changing accelerated sales tax; creating Surplus
Lines Association of Minnesota; changing provisions related to data practices
and debt collection; requiring studies; providing appointments; providing levy
limits; modifying taxation of foreign operating corporations; requiring a state
review and approval of a local economic development project; modifying park
board fees; modifying certain tax districts; providing for sale of forest
lands; prohibiting imposition of new local sales tax; providing income tax
credit for military service; providing economic development powers and incentives;
providing health insurance credit; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3780 358 2:20
p.m. May 29 May
29
1812* 363 8:26 a.m. May 29 May
29
4072 365 2:35 p.m. May 29 May
29
3149 366 8:27 a.m. May 29 May
29
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE: * Indicates that H.
F. No. 1812, Chapter No. 363, contains a line item veto.]
Journal of the House - Top of
Page 13042
Pursuant to Article IV, Section 23 of the Minnesota
Constitution and Minnesota Statutes, Chapter 4, Section 4.034, the following
bills were pocket vetoed by the Governor after adjournment sine die by the
Legislature:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
23, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Anderson
Kelliher:
I write to inform you that H. F. No. 2748, Chapter No. 359, has
been vetoed. Although return of the bill to the house of origin and a veto
message are not required because the Legislature has adjourned sine die,
I wanted to share my concerns about this bill with the Legislature.
This bill provides preference for one county-based purchasing
health plan. It requires the Department of Human Services to assign individuals
who reside in certain counties and who do not choose a specific managed health
plan, to a specified county-based purchasing health plan. Under current law,
individuals who do not select a specific managed health plan are sequentially
assigned among all participating health plans. Statutorily mandated preferences
in this fashion decreases competition between managed care plans and diminishes
the Department of Human Services' ability to purchase health care on a
statewide competitive basis.
Historically, approximately 30 percent of people enrolled in
managed care plans through Minnesota Health Care Programs do not make a
specific health plan choice. Thus, the provision in this bill that gives
preference to a specific county-based purchasing health plan when an enrollee
does not make a choice, guarantees the county-based plan approximately 30
percent additional marketshare in the absence of any competition. This is in
addition to the market share it would receive from those enrollees who
affirmatively choose the county-based health plan.
County-based purchasing plans have typically had higher
administrative costs than many of the other health plans. Mandating enrollment
in these plans is concerning because it diminishes the pressure competition
provides to keep administrative costs down.
This bill would apply to one county based purchasing health
plan called the StedFast Health Plan. StedFast has not yet begun operations and
will not begin enrollment until October 2008. Thus, this bill would direct
enrollees into a new, as of yet, untested health plan.
The automatic preference provided by this bill also undermines
the state's efforts toward meaningful health care reform. As part of our health
care reform efforts, we are encouraging people to develop health care homes
with their primary care providers. Enrollees who do not select their preferred
provider at the time of their enrollment will be enrolled in a new health plan
and may need to get services from a new provider. This is in conflict with a
federal policy that requires the Department of Human Services to preserve
enrollees' relationship with primary care providers and represents a step
backward when compared with Minnesota's health care reform goals.
For these reasons, I have vetoed Chapter No. 359.
Sincerely,
Tim
Pawlenty
Governor
Journal of the House - Top
of Page 13043
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 29,
2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Anderson
Kelliher:
I write to inform you that I have vetoed H. F. No. 995,
Resolution No. 3, a legislative resolution related to "Peak Oil."
Although return of the bill to the house of origin and a veto message is not
required because the Legislature has adjourned sine die, I wanted to
share my reasons for this veto with the Legislature.
Using a legislative resolution to direct state executive branch
action is an inappropriate use of the legislative resolution process. In
addition, a legislative resolution requiring agencies to conduct a statewide
assessment study regarding "peak oil" without identifying appropriate
funding or other support for the study is not an effective step in our efforts.
This is the third of three resolutions passed by the
Legislature that I have vetoed this year. If the legislature desires to enact
policy, it should pass a law and provide funding necessary to implement the
policy. Legislative resolutions should not be a substitute for legitimate
debate or a way to circumvent the lawmaking process provided by the Minnesota
Constitution.
My Administration will continue to prepare Minnesota for the
energy challenges of the 21st Century and has already taken action to reduce
our state's reliance on foreign sources of energy. In January I announced the
creation of the Office of Energy Security (OES) in the Department of Commerce.
Under the direction of Edward Garvey, OES continues to examine these and other
issues to ensure that Minnesota is at the leading edge of energy reform
efforts.
As to the substance of the resolution, "Peak Oil"
refers to a concept regarding the point of maximum production of the world's
oil supply, after which the rate of production declines.
Researchers have differing viewpoints regarding when "peak
oil" will occur. A report by the Energy Information Administration (EIA) section
of the U.S. Department of Energy states that, depending on demand, peak world
convention crude oil production "could plausibly occur anywhere between
2021 at a volume of 48.5 billion barrels per year and 2112 at a volume of 24.6
billion barrels per year, though neither of these extremes has a substantial
probability of occurrence."
The EIA researchers note that the peak of worldwide production
of crude oil depends in part on the growth in demand, "which is subject to
reduction via both technological advancements in petroleum product usage such
as hybrid-powered automobiles and the substitution of new energy source
technologies such as hydrogen-fed fuel cells."
While reasonable people may disagree about timing and ultimate
usage of the world's oil supplies, most agree that strong action must be taken
to create a better, cleaner and more secure energy future. Minnesota is already
leading the way through a variety of measures including increased utilization
of renewable transportation fuels such as ethanol and biodiesel; incentives to
increase the use of wind, solar, and other renewable resources; enactment of
the nation's strongest renewable energy standard for electricity generation;
and nation-leading energy conservation efforts.
Journal of the House - Top
of Page 13044
Minnesota is doing its part to reduce reliance on oil through
conservation and replacement of oil with homegrown alternative fuels. In recent
years, the number of vehicle miles drive by Minnesotans has flattened out.
Minnesota is also a national leader in the production and use of alternative
fuels. Our state is testing plug-in hybrid vehicles and promoting hydrogen as
an alternative energy source. Continuing to reduce our reliance on oil will
provide greater benefits than conducting another study.
I share the concern about "Peak Oil" and have taken
strong steps to change Minnesota's and America's energy policy. This
resolution, while well-intended, is not an appropriate mechanism to address
these issues.
Sincerely,
Tim
Pawlenty
Governor