COMMUNICATIONS
RECEIVED PRIOR TO ADJOURNMENT
AND NOT
ACTED UPON
The following communications were received
prior to adjournment and not reported or acted upon by the House:
PETITIONS AND
COMMUNICATIONS
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 14, 2009
The
Honorable Margaret Anderson Kelliher
Speaker
of the House of Representatives
The
State of Minnesota
Dear
Speaker Kelliher:
Please be advised
I have received, approved, signed and deposited in the Office of the Secretary
of State, Chapter No. 78, House File No. 2088, the omnibus economic development
bill with the exception of line item vetoes listed below:
1. Page 14, lines 14.5 - 14.33: An appropriation of $100,000 in each year
from the workforce development fund for grants for the Indigenous Earthkeepers
program. This is an environmental and
cultural studies program for American Indian youth with an intention to use the
natural environment to develop student academic skill. Although this may be a meritorious education
program, this program is not central to the workforce development fund's
purpose, especially in difficult economic times.
2. Page 15 & 16, line 15.22 - 16.18: A $100,000 appropriation from the workforce
development fund to the Southeast Asian Collaborative. This program would be duplicative as the same
group of individuals can be served by the Dislocated Worker program.
3. Page 19, line 19.20 - 19.21: Chapter No. 78, Article 1, Section 5, page 19
appropriates $1,225,000 the first year and $1,225,000 the second year for a
grant to the Minnesota Film and TV Board.
I am exercising a line item veto to delete the language "and $1,225,000
the second year" from page 19, line 19.20 - 19.21. The Snowbate program currently receives
nearly $1 million in general fund dollars to provide incentives for movies and
commercials to be filmed in Minnesota.
Although these projects can provide short-term, specialized jobs, we
must be cautious that taxpayer dollars are allocated to programs that provide
sustainable employment, contributing to Minnesota's long-term economic growth.
4. Page 26, line 26.14 - 26.20: A $50,000 appropriation to the commissioner
of administration to construct a workers memorial. I am sure this project is well intended;
however, we have to prioritize projects on a basis of need.
5. Page 27, line 27.13 - 27.16: An appropriation of $280,000 for a grant to
Minnesota Public Radio to assist with conversion to digital broadcast
signal. It is my understanding there is
an appropriation in the Legacy Amendment bill that will provide resources for
materials and programming. This funding
should free up an adequate source of money to assist to the conversion to
digital broadcasting.
6. Page 29, line 29.9 - 29.16:
A $70,000 appropriation from the general fund to the Legislative
Coordinating Commission. This commission
already exists and it has access to staff and resources. It does not need additional funding to study
economic development issues. In
addition, a variety of committees with resources and staff could study this
issue.
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 2009 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 2009 |
Date Filed 2009 |
2088* 78 8:17 p.m. May 14 May 14
1362* 79 7:49 p.m. May 14 May 14
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE:
*Indicates that H. F. Nos. 2088 and 1362 contain line item vetoes.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 15, 2009
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 File:
H. F. No. 988, relating to
drivers' licenses; prohibiting commissioner of public safety from complying
with Real ID Act.
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 2009 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 2009 |
Date Filed 2009 |
764 80 10:59 a.m.
May 15 May
15
99 82 11:05 a.m.
May 15 May
15
802 83 11:46 a.m.
May 15 May
15
237 87 11:48 a.m.
May 15 May
15
988 92 11:47 a.m.
May 15 May
15
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16, 2009
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 File:
H. F. No. 1298, relating to
the financing and operation of state and local government; making policy,
technical, administrative, enforcement, clarifying, and other changes to
income, corporate franchise, estate, property; sales, use, gross receipts,
local, solid waste, gambling, mortgage, deed, petroleum, insurance, minerals,
production, and other taxes and tax-related provisions; providing terms and
conditions relating to issuance of obligations and financing of public
improvements; making changes to tax increment financing and local government
aid provisions, conforming to certain federal provisions; providing clarification
for eligibility for property tax exemption for institutions of public charity;
modifying truth in taxation, tax preparation services, police and firefighter
relief association amortization state-aid provisions; making changes to local
taxing authorities; providing emergency debt certificates; authorizing the
issuance of local bonds; providing temporary suspension of new or increased
maintenance of effort requirements; requiring studies; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16, 2009
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. 111, relating to
the State Board of Investment; requiring divestment from certain investments
relating to Iran; requiring a report.
H. F. No. 420, relating to
real estate; requiring that existing statutory implied residential construction
warranties be made as express warranties and be provided to the buyer in
writing; prohibiting waivers of the warranty.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have signed into law, with a number of
line-item vetoes, the Capital Investment bill, Chapter No. 93, House File
No. 855.
Although this bill contains many projects
that may have merit, I am disappointed the bill was finalized without being
negotiated to conclusion with my administration. My letter to the conference committee
expressed concerns regarding the size and scope of the bill. That letter also indicated an acceptable bill
should focus on: (1) maintaining
existing buildings rather than constructing new ones; (2) funding projects that
leverage available federal matching dollars; and (3) remaining fiscally
responsible. The bill did not meet those
standards and line-item vetoes totaling $88.16 million were necessary as a
result.
I am grateful the bill doubled the flood
mitigation amount upon my request. The
bill also includes disaster assistance money for northwest Minnesota, Hugo and
St. Charles. These are important items
that need to be funded this year.
The line-item vetoes bring this bill into
line with the expectations I described to the conference committee
earlier. While many of the vetoed
projects are meritorious, they should be considered next year as part of the
larger, regular bonding bill.
Below is a summary of the line-item vetoes
within this bill:
● Page
3, Lines 3.1-3.4: An appropriation
of $24,000,000 for the Bell Museum of Natural History.
● Page
4, Lines 4.1-4.7: An appropriation
of $11,000,000 for the Health and Science Center addition at Lake Superior
Community and Technical College.
● Page
4, Lines 4.8-4.16: An appropriation
of $5,250,000 for Carpentry and Industrial Mechanical Technology and Shops at
Mesabi Range Community and Technical College.
● Page
4, Lines 4.17-4.24: An appropriation
of $5,700,000 for Metropolitan State University Smart Classroom Center.
● Page
5, Lines 5.14-5.19: An appropriation
of $13,300,000 for North Hennepin Community College Center for Business and
Technology.
● Pages
5 - 6, Lines 5.20-6.2: A Systemwide
Initiatives appropriation of $3,625,000 for classroom renovations at Minnesota
State Colleges and Universities.
● Pages
7 - 8, Lines 7.31-8.21: An
appropriation of $5,780,000 for Independent School District No. 38, Red Lake.
● Page
16, Lines 16.9-16.13: An
appropriation of $3,000,000 for Rail Service Improvement.
● Page
22, Lines 22.12-22.17: An
appropriation of $2,000,000 for Early Childhood Learning and Child Protection
Facilities.
● Page
24, Lines 24.11-24.26: An
appropriation of $6,500,000 for Mankato-Civic Center Expansion.
● Pages
24-25, Lines 24.27-25.2: An
appropriation of $2,000,000 for Minneapolis-Shubert Performing Arts and
Education Center.
● Page
25, Lines 25.16-25.29: An
appropriation of $3,000,000 for St. Cloud-Civic Center Expansion.
Please
disregard any notations on pages 4 and 5, lines 4.25-5.8 of the bill. I have not vetoed this item.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of the
House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have received, approved, signed and
deposited in the Office of the Secretary of State, Chapter No. 94,
House File No. 1122, the omnibus agriculture and veterans bill
with the exception of the line item vetoes listed below.
1. Page 4,
line 4.15 and 4.16: This bill
appropriates $100,000 each year for sustainable agriculture grants funded
through the Department of Agriculture. I
am exercising a line item veto to delete the language "and $100,000 the
second year" from page 4, lines 4.15 - 4.16. This veto eliminates the second year of
funding for this program. The remaining
$100,000 will allow the department to fund the most worthy projects.
2. Page 11,
line 11.8 - 11.18: A $30,000
appropriation for the development of a star farms program. While the development of such a program may
have merit, it does not rise to the level of a top priority considering the
state's budget situation.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16, 2009
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, signed
and deposited in the Office of the Secretary of State the following House File:
H. F. No. 2, relating to
state government; providing for policy and funding for family, adult, and
prekindergarten through grade 12 education including general education, education
excellence, special programs, facilities and technology, libraries, nutrition,
accounting, early childhood education, prevention, self-sufficiency, lifelong
learning, state agencies, pupil transportation, forecast adjustments, and
technical corrections; requiring reports; requiring studies; 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 2009 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 2009 |
Date Filed 2009 |
1794 84 12:52 p.m.
May 16 May
16
1036 85 12:54 p.m.
May 16 May
16
1096 86 8:25 p.m. May 16 May 16
1298 88 9:42 p.m. May 16 May 16
910 89 1:43 p.m. May 16 May 16
111 90 1:44 p.m. May 16 May 16
420 91 1:50 p.m. May 16 May 16
855* 93
7:11 p.m. May 16 May
16
1122* 94
4:36 p.m. May 16 May
16
2083* 95 4:15 p.m. May 16 May 16
2 96 8:14 p.m. May 16 May 16
203 97 10:19 p.m.
May 16 May
16
1288 98 8:19 p.m. May 16 May 16
2082 101 1:40 p.m. May 16 May 16
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE:
*Indicates that H. F. Nos. 855 and 1122; and S. F. No. 2083 contain line
item vetoes.]
MESSAGES, COMMUNICATIONS AND ANNOUNCEMENTS RECEIVED
SUBSEQUENT TO ADJOURNMENT
The following messages, communications and
announcements were received subsequent to adjournment by the House:
MESSAGES FROM THE SENATE
The following message was received from
the Senate:
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 2323, A bill for an act
relating to the financing and operation of state and local government; making
policy, technical, administrative, enforcement, collection, refund, clarifying,
and other changes to income, franchise, property, sales and use, estate, gift,
cigarette, tobacco, liquor, motor vehicle, gross receipts, minerals, tax
increment financing and other taxes and tax-related provisions; requiring
certain additions; conforming to federal section 179 expensing allowances;
adding Minnesota development subsidies to corporate taxable income; disallowing
certain subtractions; allowing certain nonrefundable credits; allowing a
refundable Minnesota child credit; repealing various credits; conforming to
certain federal tax provisions; expanding definition of domestic corporation to
include tax havens; modifying income tax rates; expanding and increasing credit
for research activities; accelerating single sales apportionment; modifying
minimum fees; allowing county local sales tax; eliminating certain existing
local sales taxes; adjusting county program aid; modifying levy limits; making
changes to residential homestead market value credit; providing flexibility and
mandate reduction provisions; making changes to various property tax and local
government aid-related provisions; providing temporary suspension of new or
increased maintenance of effort and matching fund requirements; modifying
county support of libraries; establishing the Council on Local Results and
Innovation; providing property tax system benchmarks, critical indicators, and
principles; establishing a property tax work group; creating the Legislative
Commission on Mandate Reform; making changes to certain administrative
procedures; modifying mortgage registry tax payments; modifying truth in
taxation provisions; providing clarification for eligibility for property tax
exemption for institutions of purely public charity; making changes to property
tax refund and senior citizen property tax deferral programs; providing
property tax exemptions; providing a property valuation reduction for certain
land constituting a riparian buffer; providing a partial valuation exclusion
for disaster damaged homes; extending deadline for special service district and
housing improvement districts; requiring a fiscal disparity study; extending
emergency medical service special taxing district; providing emergency debt
certificates; providing and modifying local taxes; expanding county
authorization to abate certain improvements; providing municipal street improvement
districts; establishing a seasonal recreational property tax deferral program;
expanding sales and use tax base; defining solicitor for purposes of nexus;
providing a bovine tuberculosis testing grant; modifying tax preparation
services law; modifying authority of municipalities to issue bonds for certain
other postemployment benefits; allowing use of increment to offset state aid
reductions; allowing additional authority to spend increments for housing
replacement district plans; modifying and authorizing certain tax increment
financing districts; providing equitable funding health and human services
reform; modifying JOBZ provisions; repealing international economic development
and biotechnology and health science industry zones; modifying basic sliding
fee program funding; providing appointments; requiring reports; appropriating
money; amending Minnesota Statutes 2008, sections 3.842, subdivision 4a; 3.843;
16C.28, subdivision 1a; 40A.09; 84.82, subdivision 10; 84.922, subdivision 11;
86B.401, subdivision 12; 123B.10, subdivision 1; 134.34, subdivisions 1, 4;
245.4932, subdivision 1; 253B.045, subdivision 2; 254B.04, subdivision 1;
270C.12, by adding a subdivision; 270C.445; 270C.56, subdivision 3; 272.02,
subdivision 7, by adding subdivisions; 272.029, subdivision 6; 273.111,
by adding a subdivision; 273.1231, subdivision 1; 273.1232,
subdivision 1; 273.124, subdivision 1; 273.13, subdivisions 25, 34; 273.1384,
subdivisions 1, 4, by adding a subdivision; 273.1393; 275.025, subdivisions 1,
2; 275.065, subdivisions 1, 1a, 1c, 3, 6; 275.07, subdivisions 1, 4, by adding
a subdivision; 275.70, subdivisions 3, 5; 275.71, subdivisions 2, 4, 5; 276.04,
subdivision 2; 279.10; 282.08; 287.08; 289A.02, subdivision 7, as amended;
289A.11, subdivision 1; 289A.20, subdivision 4; 289A.31, subdivision 5; 290.01,
subdivisions 5, 19, as amended, 19a, as amended, 19b, 19c, as amended, 19d, as
amended, 29, 31, as amended, by adding subdivisions; 290.014, subdivision 2;
290.06, subdivisions 2c, 2d, by adding subdivisions; 290.0671, subdivision 1;
290.068, subdivisions 1, 3, 4; 290.091, subdivision 2; 290.0921, subdivision 3;
290.0922, subdivisions 1, 3, by adding a subdivision; 290.17, subdivisions 2,
4; 290.191, subdivisions 2, 3; 290A.03, subdivision 15, as amended; 290A.04,
subdivision 2; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 290B.05,
subdivision 1; 291.005, subdivision 1, as amended; 291.03, subdivision 1;
295.75, subdivision 2; 297A.61, subdivisions 3, 4, 5, 6, 10, 14a, 17a, 21, 38,
by adding subdivisions; 297A.62, by adding a subdivision; 297A.63; 297A.64,
subdivision 2; 297A.66, subdivision 1, by adding a subdivision; 297A.67,
subdivisions 15, 23; 297A.815, subdivision 3; 297A.83, subdivision 3; 297A.94;
297A.99, subdivisions 1, 6; 297B.02, subdivision 1; 297F.01, by adding a
subdivision; 297F.05, subdivisions 1, 3, 4, by adding a subdivision; 297G.03,
subdivision 1; 297G.04; 298.001, by adding a subdivision; 298.018, subdivisions
1, 2, by adding a subdivision; 298.227; 298.24, subdivision 1; 298.28, subdivisions
2, 11, by adding a subdivision; 306.243, by adding a subdivision; 344.18;
365.28; 375.194, subdivision 5; 383A.75, subdivision 3; 428A.101; 428A.21;
429.011, subdivision 2a; 429.021, subdivision 1; 429.041, subdivisions 1, 2;
446A.086, subdivision 8; 465.719, subdivision 9; 469.015; 469.174, subdivision
22; 469.175, subdivisions 1, 6; 469.176, subdivisions 3, 6, by adding a
subdivision; 469.1763, subdivisions 2, 3; 469.178, subdivision 7; 469.315;
469.3192; 473.13, subdivision 1; 473H.04, by adding a subdivision; 473H.05,
subdivision 1; 475.51, subdivision 4; 475.52, subdivision 6; 475.58,
subdivision 1; 477A.011, subdivision 36; 477A.0124, by adding a subdivision;
477A.013, subdivision 9, by adding a subdivision; 477A.03, subdivisions 2a, 2b;
641.12, subdivision 1; Laws 1986, chapter 396, section 4, subdivision 3; by
adding a subdivision; Laws 1986, chapter 400, section 44, as amended; Laws
1991, chapter 291, article 8, section 27, subdivision 3, as amended; Laws 1993,
chapter 375, article 9, section 46, subdivision 2, as amended, by adding a
subdivision; Laws 1995, chapter 264, article 5, sections 44, subdivision 4, as
amended; 45, subdivision 1, as amended; Laws 1996, chapter 471, article 2,
section 30; Laws 1998, chapter 389, article 8, section 37, subdivision 1; Laws
2001, First Special Session chapter 5, article 3, section 8, as amended; Laws
2002, chapter 377, article 3, section 25; Laws 2006, chapter 259, article 3,
section 12, subdivision 3; Laws 2008, chapter 366, article 5, section 34; article
6, sections 9; 10; article 7, section 16, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapters 3; 6; 14; 17; 256E; 270C; 272; 273;
275; 290; 292; 297A; 435; 475; 477A; proposing coding for new law as Minnesota
Statutes, chapter 290D; repealing Minnesota Statutes 2008, sections 245.4835;
245.714; 246.54; 254B.02, subdivision 3; 256B.19, subdivision 1; 256I.08;
272.02, subdivision 83; 273.113; 275.065, subdivisions 5a, 6b, 6c, 8, 9, 10;
289A.50, subdivision 10; 290.01, subdivision 6b; 290.06, subdivisions 24, 28,
30, 31, 32, 33, 34; 290.067, subdivisions 1, 2, 2a, 2b, 3, 4; 290.0672;
290.0674; 290.0679; 290.0802; 290.0921, subdivision 7; 290.191, subdivision 4;
290.491; 297A.61, subdivision 45; 297A.68, subdivisions 38, 41; 469.316; 469.317;
469.321; 469.3215; 469.322; 469.323; 469.324; 469.325; 469.326; 469.327;
469.328; 469.329; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335;
469.336; 469.337; 469.338; 469.339; 469.340; 469.341; 477A.0124, subdivisions
3, 4, 5; 477A.03, subdivision 5; Laws 2009, chapter 3, section 1; Laws 2009,
chapter 12, article 1, section 8.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 19, 2009
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. 1677, relating to
safe at home program; excluding registered sex offenders from the program;
limiting use of protected addresses by landlords and local government entities.
H. F. No. 1275, relating to
environment; modifying sewage treatment systems provisions; changing
terminology.
H. F. No. 668, relating to
public safety; school buses; providing for postcrash procedures for school bus
in an accident.
H. F. No. 523, relating to
education; modifying school background check requirements relating to
disciplinary actions.
H. F. No. 1529, relating to
civil proceedings; removing a dollar limitation on attorney or agent fees in
certain cases.
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 2009 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 2009 |
Date Filed 2009 |
1890 102 1:44 p.m. May 19 May 19
1677 105
1:43 p.m. May 19 May
19
666 106 1:52 p.m. May 19 May 19
567 107 1:56 p.m. May 19 May 19
1887 108 2:55 p.m. May 19 May 19
1275 109
1:55 p.m. May 19 May
19
550 110 2:21 p.m. May 19 May 19
668 113
2:34 p.m. May 19 May
19
523 115
2:32 p.m. May 19 May
19
1529 125
2:33 p.m. May 19 May
19
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 19, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 239, Chapter No. 103.
The Legislature has taken action on
numerous bills relating to homeowner warranties this session. Although this legislation may be
well-intentioned, we should be cautious about placing more burdens on the
housing sector during this historic recession.
This bill mandates that a contractor pay
temporary housing costs to a homeowner for breach of a new home warranty or
home improvement warranty. Under current
law, a homeowner is entitled to receive "the amount necessary to remedy
the breach of the warranty" or "the difference between the value of
the house without defect." Current
law provides adequate reconciliation for the homeowner where there has been a
violation of a warranty.
I encourage the authors to work towards a
solution that addresses the issue of home defects without driving up the costs
and burdens on contractors.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 239
(Chapter No. 103), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 19, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 412, Chapter No. 104.
The Legislature has taken action on
numerous bills relating to homeowner warranties this session. Although this legislation may be
well-intentioned, we should be cautious about placing more burdens on the
housing sector during this historic recession.
This bill extends the current 10-year
warranty requirement to 12 years. The
current period of 10 years in current law seems sufficient. The legislation also applies not only to
future cases, but current cases as well.
Changing the rules in the middle of the game is unfair and unwise.
I encourage the authors to work towards a
solution that addresses the issue of home defects without driving up the costs
and burdens on contractors.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 412
(Chapter No. 104), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 20, 2009
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. 265, relating to
disposition of items on death; clarifying certain references; providing for
collection of certain property by affidavit; modifying provisions governing
final disposition of remains; correcting an erroneous reference and making
other corrections and clarifications.
H. F. No. 1476, relating to
liquor; modifying and clarifying certain licensing requirements; authorizing
various licenses; modifying provision relating to shipments into the state;
providing for wine tastings; extending certain on‑sale hours.
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 2009 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 2009 |
Date Filed 2009 |
1436 111 2:12 p.m. May 20 May 20
213 114 1:46 p.m. May 20 May 20
265 117
2:06 p.m. May 20 May
20
1476 120
2:22 p.m. May 20 May
20
79 122 1:58 p.m. May 20 May 20
1147 123 2:16 p.m. May 20 May 20
1284 124 2:42 p.m. May 20 May 20
707 128 2:07 p.m. May 20 May 20
548 129 2:27 p.m. May 20 May 20
1302 130 2:09 p.m. May 20 May 20
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 20, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 330, Chapter No. 112.
The Legislature has taken action on
numerous bills relating to homeowner warranties this session. Although this legislation may be
well-intentioned, we should be cautious about placing more burdens on the
housing sector during this historic recession.
This legislation increases the time frame
in which a homeowner can make a warranty claim from six months to one
year. Not reporting a
construction-related problem in a timely manner could exasperate the problem
and increase costs. A contractor should
be notified as soon as possible if a problem exists with the construction so
the issue can be rectified expeditiously.
I encourage the authors to work towards a
solution that addresses the issue of home defects without driving up the costs
and burdens on contractors.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 330
(Chapter No. 112), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 21, 2009
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. 348, relating to
attorneys; modifying and removing provisions limiting the practice of law by
deputy sheriffs and coroners.
H. F. No. 818, relating to
vulnerable adults; authorizing disclosure of financial records in connection
with financial exploitation investigations; modifying procedures and duties for
reporting and investigating maltreatment; directing the commissioner of human
services to seek federal grants; appropriating money received from the federal
government to the commissioner of human services; specifying duties of
financial institutions in cases alleging financial exploitation; modifying the
crime of financial exploitation; imposing criminal and civil penalties.
H. F. No. 1193, relating to
claims against the state; providing for settlement of various claims;
appropriating money.
H. F. No. 1744, relating to
government operations; creating technology accessibility standards for the
state; establishing the advisory committee for technology standards for
accessibility and usability; requiring a report; appropriating money.
H. F. No. 702, relating to
public safety; authorizing a pilot project to map state expenditures on
children for various purposes; requiring a study on the collection and
reporting of summary data relating to decisions that affect a child's status
within the juvenile justice system.
H. F. No. 1250, relating to
transportation; regulating electric vehicle infrastructure.
H. F. No. 1505, relating to
public safety; authorizing commissioner of public safety to gather and compile
data on human trafficking every two years; increasing criminal penalties for
certain promoting prostitution/sex trafficking offenses; expanding the sex
trafficking and labor trafficking crimes; adding the promotion of
prostitution/sex trafficking crime to the firearm law's definition of crime of
violence and the victim rights law's definition of violent crime; expanding the
prostitution penalty enhancement provision for repeat offenders; broadening the
prostitution in a public place crime.
H. F. No. 519, relating to
local government; regulating nonconforming lots in shoreland areas.
H. F. No. 1328, relating to
public health; addressing youth violence as a public health problem; coordinating
and aligning prevention and intervention programs addressing risk factors of
youth violence; requiring the commissioner of health to apply for private,
state, or federal funding.
H. F. No. 1745, relating to
health; requiring the commissioner of health to enroll pharmacies or
pharmacists in the pediatric vaccine administration program; changing the age
requirement for pharmacists administering influenza vaccines; changing certain
requirements; modifying provisions in health occupations for speech language
pathologists and occupational therapists; expanding definition of licensed
health care professional; changing provisions for food, beverage, and lodging
establishments; requiring the Department of Health to use rules and guidelines
from the federal government to implement the minimum data set for resident
reimbursement classification; establishing fees; changing licensing provisions
for social work.
H. F. No. 108, relating to
traffic regulations; making seat belt violation a primary offense in all
seating positions regardless of age; providing for increased speed limit when
passing; making technical changes.
H. F. No. 2251, relating to
government finance; providing federal stimulus oversight funding for certain
state agencies; conforming Minnesota law to the requirements necessary to
receive federal stimulus money for medical assistance; modifying Hennepin
County's 2009 nonfederal share of medical assistance costs to comply with
federal requirements to receive enhanced FMAP; authorizing eligibility for
sparsity revenue for the Deer River School District; adjusting higher education
limits on tuition increases; modifying funding for the Minnesota State Colleges
and Universities; 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 2009 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 2009 |
Date Filed 2009 |
348 118 10:34 a.m. May 21 May 21
818 119
4:02 p.m. May 21 May
21
1193 126
4:19 p.m. May 21 May
21
1744 131 11:00 a.m. May 21 May 21
702 132
4:04 p.m. May 21 May
21
1250 134
5:18 p.m. May 21 May
21
1505 137 10:37 a.m. May 21 May 21
657 138 5:38 p.m. May 21 May 21
722 139 10:38 a.m.
May 21 May
21
708 141 10:52 a.m.
May 21 May
21
1447 142 4:47 p.m. May 21 May 21
1091 144 10:35 a.m.
May 21 May
21
711 145 5:20 a.m. May 21 May 21
1477 146 10:53 a.m.
May 21 May
21
501 147 5:07 p.m. May 21 May 21
519 149
4:58 p.m. May 21 May
21
1328 156 10:40 a.m. May 21 May 21
1745 157
4:52 p.m. May 21 May
21
492 158 10:36 a.m.
May 21 May
21
1208 160 5:10 p.m. May 21 May 21
108 165 10:39 a.m. May 21 May 21
1009 170 10:39 a.m.
May 21 May
21
1623 171 4:57 a.m. May 21 May 21
2251 177
4:53 p.m. May 21 May
21
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 21, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 1053, Chapter No. 133, a bill relating to elections.
Although there are some worthy provisions
in this bill, registering to vote should be a voluntary, intentional act. Changes to election law should also be
accomplished on a bipartisan basis. This
bill does not reflect bipartisan support.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 1053
(Chapter No. 133), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 21, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 211, Chapter No. 136.
The Legislature has taken action on
numerous bills relating to homeowner warranties this session. Although this legislation may be
well-intentioned, we should be cautious about placing more burdens on the
housing sector during this historic recession.
This bill provides that a contractor pay
the legal fees of a homeowner if the homeowner prevails in a lawsuit against
the contractor. The bill even allows for
currently pending cases to seek legal fees.
The availability of legal fees can prolong litigation, and it does
little to address the underlying issue of home defects. Moreover, attorney's fees are typically only
available in limited circumstances, and Minnesota should be careful not to
overreach in that regard.
I support provisions in the bill that
would bring interested parties together to develop a timely and prescriptive
process for resolving homeowner warranty disputes without litigation. My administration will move forward with that
process even though this legislation was vetoed.
I encourage the authors to work towards a
solution that addresses the issue of home defects without driving up the costs
and burdens on contractors.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 211
(Chapter No. 136), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 21, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 362, Chapter No. 140.
The Legislature has taken action on
numerous bills relating to homeowner warranties this session. Although this legislation may be
well-intentioned, we should be cautious about placing more burdens on the
housing sector during this historic recession.
This bill eliminates the requirement that
a homeowner notify a contractor of a potential homeowner warranty claim in
writing and instead permits written or "actual notice." There is a high level of ambiguity as to how
a homeowner conveys an actual notice message.
Not having the notice put in writing will lead to disputes as to whether
and how verbal notice was provided. A
requirement for written notice is a much better approach.
I encourage the authors to work towards a
solution that addresses the issue of home defects without driving up the costs
and burdens on contractors.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 362
(Chapter No. 140), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 21, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 2323, Chapter No. 179.
As I have made clear on repeated
occasions, imposing $1.018 billion in new taxes on Minnesota families and job
providers is unacceptable during this difficult economic time. My opposition to these taxes has not changed
since the previously vetoed tax bill.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 2323
(Chapter No. 179), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 925, Chapter No. 135.
This bill requires the Department of
Employment and Economic Development to design and implement a relatively
obscure measure of unemployment and underemployment, referred to by the United
States Department of Labor (USDOL) as "U6." This legislation also requires monthly
reporting of this rate to the chairs and ranking minority members of the
applicable legislative committees.
Only two other states calculate the U6
measurement. Moreover, those states do
not release it publicly, in part because they want to avoid misleading
comparisons with other states.
Currently, all states utilize the "U3" as the official
measurement of unemployment. The U3
measurement is based upon total unemployed as a percent of the labor
force. This is the definition used for
the official unemployment rate.
It is also my understanding that the USDOL
already provides U6 information to states through the Bureau of Labor and
Statistics. Because this information is
available to the Legislature, this legislation is unnecessary.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 925
(Chapter No. 135), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22,
2009
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. 804, relating to
probate; modifying provisions governing guardians and conservators; providing
for fees for central registration and use of fee proceeds.
H. F. No. 1849, relating to
local government; removing, extending, or modifying certain mandates upon local
governmental units; changing requirements for a qualified newspaper.
H. F. No. 384, relating to
health; developing technology standards and tools to exchange information
electronically between groups.
H. F. No. 1728, relating to
human services; amending child care programs, program integrity, and adult
supports including general assistance medical care and group residential
housing.
H. F. No. 1237, relating to
natural resources; modifying certain definitions; modifying wild rice
provisions; providing for off-highway vehicle forfeiture; modifying off-highway
motorcycle, all-terrain vehicle, and watercraft operating provisions; modifying
state park permit requirements; eliminating liquor service at John A. Latsch State Park; modifying cost-share
program; modifying commissioner's authority; modifying state trails and
establishing a new state trail; providing for certain public hearings;
providing for placement of a veterans cemetery; providing for establishment of
boater waysides; providing for appeals and enforcement of certain civil
penalties; modifying Water Law; providing certain exemptions from local
ordinances; approving consumptive use of water for certain uses; classifying
data; modifying refund provisions; modifying publication requirements;
modifying restrictions in migratory feeding and resting areas; modifying game
and fish laws; modifying wild animal and fish taking, possession, and licensing
requirements; authorizing certain fees; modifying certain fees and accounts;
authorizing
acquisition
of and granting of certain easements; modifying management authority for and
apportionment of proceeds from the sale of tax-forfeited lands; adding to and
deleting from certain state parks; authorizing public and private sales and
exchanges of state land; modifying previously enacted land descriptions and
sales authorization; requiring wind energy lease; requiring increase in
appraised estimates for timber sales; requiring forest lease pilot project;
requiring rulemaking and modifying rulemaking authority; providing criminal
penalties; 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 2009 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 2009 |
Date Filed 2009 |
804 150
7:41 a.m. May 22 May
22
1849 152
7:43 a.m. May 22 May
22
384 155
7:44 a.m. May 22 May
22
29 161 7:58 a.m. May 22 May 22
1728 175
7:57 a.m. May 22 May
22
1237 176
7:54 a.m. May 22 May
22
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22, 2009
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. 417, relating to
commerce; providing recovery of damages and attorney fees for breach of an
insurance policy; permitting a deceased professional's surviving spouse to
retain ownership of a professional firm that was solely owned by the decedent
for up to one year after the death.
H. F. No. 1760, relating to
state government; modifying health and human services policy provisions;
changing health plan requirements; modifying nursing facility provisions;
requiring licensure of physician assistants; requiring patient record keeping;
changing the definition of doula services; requiring licensure of dental
assistants; changing health occupation fees; imposing late fees; establishing
safe patient handling in clinical settings; changing medical assistant
reimbursement provisions; requiring annual payment reports from manage care
plans and county-based purchasing plans; requiring a study of long-term care
insurance and local government employees; creating workgroups; requiring
reports.
H. F. No. 878, relating to
transportation; adding provision governing relocation of highway centerline;
modifying provisions relating to county state-aid highways and municipal
state-aid streets; modifying provisions relating to seat belts; regulating
placement of advertising devices; providing procedures for plats of lands
abutting state rail bank property; requiring a study and report.
H. F. No. 1988, relating to
state government; making technical health and human services changes; making
health care program policy changes; changing health care eligibility provisions;
authorizing rulemaking; requiring reports; changing appropriations;
appropriating money.
H. F. No. 1276, relating to
local government; relieving counties of certain health and human services
mandates; making changes to residential treatment facilities; county payment of
cremation, burial, and funeral expenses; child welfare provisions; health plan
audits; nursing facilities; home health aides; inspections of day training and
habilitation facilities; changing certain health care provisions relating to school
districts, charter schools, and local governments.
H. F. No. 1853, relating to
commerce; regulating various licenses, forms, certificates, coverages, claims
practices, disclosures, notices, marketing practices, and records; classifying
certain data; regulating real estate brokers and appraisers; regulating various
insurance entities and products, including health, homeowners, motor vehicle
insurance, and workers' compensation self-insurance; regulating security
broker-dealers; regulating warranty contracts; regulating mortgage originators;
sunsetting certain state regulation of telephone solicitations; regulating the
use of prerecorded or synthesized voice messages; regulating debt management
and debt settlement services providers; delaying regulating business screening
services; permitting a deceased professional's surviving spouse to retain
ownership of a professional firm under certain circumstances.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22,
2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State
of Minnesota
Dear
Speaker Kelliher:
I have received, approved, signed, and
deposited in the Office of the Secretary of State Chapter No. 172, House File
No. 1231, the omnibus cultural and outdoor resources funding bill, with the
exception of the line item veto listed below:
Page 33,
lines 33.14 - 33.31: A $200,000
appropriation for grants to the Star Lake Board. This board was created with a $100,000
appropriation as a pilot program last year.
At the time, supporters of the legislation indicated the need was for
one-time money only. If additional
funding is needed for this new board, it should come from sources other than
constitutionally dedicated dollars. Such
dollars should be used for projects, not process and bureaucracy.
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 2009 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 2009 |
Date Filed 2009 |
1012* 143 5:06 p.m. May 22 May 22
417 148
4:07 p.m. May 22 May
22
1219 153 7:47 a.m. May 22 May 22
1760 159
3:07 p.m. May 22 May
22
1503 163 4:02 p.m. May 22 May 22
1504 167 2:46 p.m. May 22 May 22
878 168
5:32 p.m. May 22 May
22
191 169 4:12 p.m. May 22 May 22
1231* 172
3:50 p.m. May 22 May
22
1988 173
4:05 p.m. May 22 May
22
1276 174
5:51 p.m. May 22 May
22
1853 178
4:08 p.m. May 22 May
22
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE:
*Indicates that S. F. No. 1012 and H. F. No. 1231 contain line item vetoes.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 928, Chapter No. 151, the omnibus transportation policy bill.
While I support several provisions in the
bill, the Minnesota Department of Transportation (Mn/DOT) has raised concerns
regarding provisions in this legislation.
Those concerns were brought to the attention of the bill's authors, but
the concerns were unfortunately ignored.
Mn/DOT is working with Wisconsin to
develop passenger rail from Chicago to the Twin Cities, and we have cautioned
the Legislature on many occasions about prematurely selecting specific routes,
stops, or endpoints. Nonetheless, this
bill does so. Those matters are being
considered as part of a statewide rail study being conducted by Mn/DOT.
Mn/DOT also has concerns related to the
language regarding railroad employees.
Unfortunately, this provision was not fully vetted and was added on the
House floor. Uncertainty exists
regarding how this provision would affect future passenger rail operations in
Minnesota and the cost of those operations.
The complex federal laws in the bill relate to labor laws and benefits
unique to rail carriers and rail employees.
This provision should have been fully vetted before being inserted into
the bill.
The bill also creates the Council on
Transportation Access which would overlap with the existing Interagency
Committee on Transit Coordination (ICTC).
I established ICTC to coordinate health and human service programs with
public transportation systems. The ICTC
is already performing the same function the new committee would
perform. Moreover, members of the new council would be
eligible for per diem while ICTC members serve at no additional charge. I will direct Mn/DOT to expand the membership
of the ICTC to address the purported need for the new council.
This bill is another example of authors
ignoring the input of my Administration.
The result is a veto. Such an
outcome could have been easily avoided.
I encourage the Legislature to address these concerns at the beginning
of the 2010 legislative session, so I will be able to sign this bill into law.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 928
(Chapter No. 151), which was returned to the House by the Governor with his
objections, was laid on the table.]
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 22, 2009
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning House File
No. 354, Chapter No. 154, the Homestead Mediation Lender Act of 2009.
I appreciate the progress my
Administration and the Legislature have made in recent years to provide assistance
to homeowners facing foreclosure. We
have worked on a bipartisan basis to address this very important need and have
enacted nation-leading programs. I was
hopeful we could make more progress this year by working together to pass a
mediation bill. While I am supportive of
a mediation option for certain foreclosure cases, this bill does not
incorporate my key recommendations. More
specifically, my concerns and the reasons for my veto of this bill are
presented below:
● The
scope of homeowners qualifying for mediation was narrowed from the bill's
original version. However, the remaining
language is problematic. Having the
mediator decide who is eligible for mediation is nonsensical. If the mediator is deciding which case is
appropriate for mediation, the mediation process would already have begun. To the extent the appropriateness of
mediation is decided by debt-to-income ratios, a mortgage counselor should make
that determination prior to a mediator becoming involved. Every homeowner is required to meet with a
qualified counselor before mediation.
The counselor should determine eligibility for mediation based on
objective criteria prior to the matter being referred to a mediator.
● The
bill requires mediators be appointed by the Attorney General's office. The Attorney General's office understandably
functions as an advocate. It is not the
proper entity to select neutral dispute resolution personnel or
procedures. Mediators should be
appointed by the Office of Administrative Hearings with the use of qualified
volunteers encouraged. That office is
judicial in nature and can serve as a neutral decision maker.
● The
program is funded by increasing the foreclosure fee by $125 dollars per
foreclosure. Lenders and borrowers
involved in foreclosures who do not receive mediation should not pay for
mediation services. The program should
be able to support itself, and any fee should be applied within the mediation
transaction.
● The
bill requires the initial mediation meeting to be done by telephone or video
conferencing. Subsequent meeting
locations and facilitation are at the discretion of the mediator. All meetings should be available
electronically unless parties agree otherwise.
This will make the process more efficient and less costly.
Although this bill may be well
intentioned, it falls short by failing to address the concerns I expressed
earlier in session. For these reasons, I
have vetoed Chapter No. 154.
Sincerely,
Tim
Pawlenty
Governor
[NOTE:
Pursuant to Joint Rule 3.02(c), the above vetoed bill, H. F. No. 354
(Chapter No. 154), which was returned to the House by the Governor with his
objections, was laid on the table.]
DISPOSITION OF BILLS UPON ADJOURNMENT
Pursuant to House Rule 4.20, the following
bills were returned to the standing committee or division last acting on the
bill:
H. F. Nos. 303 and 797; and S. F. No. 908
were returned to the Committee on Agriculture, Rural Economies and Veterans
Affairs.
H. F. Nos. 612, 978, 993, 1202, 1345,
1512, 1619 and 2163; and S. F. Nos. 574 and 594 were returned to the Committee
on Commerce and Labor.
H. F. Nos. 208, 655, 720, 731, 811, 890,
1341, 1494, 1537, 1627 and 1697; and S. F. Nos. 140, 251, 341, 474, 863, 1464
and 1494 were returned to the Committee on Civil Justice.
S. F. Nos. 1797 and 1884 were returned to
the Early Childhood Finance and Policy Division/Finance.
H. F. Nos. 480, 603, 689 and 1078 were
returned to the Energy Finance and Policy Division/Finance.
H. F. Nos. 353, 376, 536, 591, 924 and
1770; and S. F. Nos. 1323 and 1399 were returned to the Committee on
Environment Policy and Oversight.
H. F. Nos. 411, 501, 775, 877, 905, 984,
986, 1081, 1088, 1270, 1467, 1708, 2069 and 2175; and S. F. Nos. 536, 656, 1369
and 1566 were returned to the Committee on Finance.
H. F. No. 1141; and S. F. Nos. 401, 496
and 1220 were returned to the Committee on Health Care and Human Services
Policy and Oversight.
H. F. Nos. 871 and 1699 were returned to
the Higher Education and Workforce Development Finance and Policy
Division/Finance.
H. F. No. 1667 was returned to the
Committee on K-12 Education Policy and Oversight.
H. F. Nos. 582, 1235, 1457 and 1518; and
S. F. No. 556 were returned to the Committee on Public Safety Policy and
Oversight.
H. F. Nos. 222, 622, 653, 1010 and 1011;
and S. F. Nos. 32, 41, 80, 307, 423 and 484 were returned to the Committee on
State and Local Government Operations Reform, Technology and Elections.
H. F. Nos. 899, 1191, 1490 and 1568; and
S. F. No. 1028 were returned to the Transportation and Transit Policy and
Oversight Division/Transportation Finance and Policy Division/Finance.
H. F. No. 572 and S. F. No. 208 were
returned to the Transportation Finance and Policy Division/Finance.
H. F. No. 2380 and S. F. No. 1778 were
returned to the Committee on Rules and Legislative Administration.
H. F. Nos. 696, 1219, 1221, 1665, 2134 and
2367; and S. F. Nos. 82, 119, 727 and 1016 were returned to the Committee on
Ways and Means.
REPORT PURSUANT TO JOINT RULE 3.02(a)
Pursuant to Joint Rule 3.02(a) the
following bills, which were being considered by a Conference Committee at the
time of adjournment, were returned to the House and laid on the table and the
Conference Committees were discharged:
H. F. Nos. 705 and 1880.
REPORT PURSUANT TO JOINT RULE 3.02(b)
Pursuant to Joint Rule 3.02(b) the following bills, which were re-referred to the House Committee on Rules and Legislative Administration pursuant to Joint Rule 2.03, were returned to the standing committee or division to which they were last previously referred:
H. F. Nos. 200, 737 and 860 were returned
to the Committee on Finance.
H. F. No. 1164 was returned to the
Transportation Finance and Policy Division/Finance.
H. F. No. 1963 was returned to the
Committee on Civil Justice.
REPORT PURSUANT TO JOINT RULE 3.02(c)
Pursuant to Joint Rule
3.02(c), the following bills were returned to the House by the Governor with
his objections and laid on the table:
H. F. Nos. 211, 239, 330, 354, 362, 412,
925, 928, 1053 and 2323.