BY JIM RAGSDALE
Pioneer Press, May. 02, 2004
Now the fun begins.
The clock is ticking
at the Minnesota Legislature, which must adjourn by midnight on Monday, May
17. That means long-delayed decisions whether to build new sports stadiums,
whether to cut, tax or expand gambling to balance the budget, and what new state
construction projects are green-lighted have to be made quickly.
Gay marriage, drunken-driving policy, penalties for sex offenders, corporate
tax policy, welfare and health-care policy, payments to families with disabled
children and rail transit along the Highway 10 corridor all these issues,
and many more, remain on the table.
As of Friday, Gov. Tim Pawlenty had signed 38 bills and vetoed one, which would
have limited liability for property owners who allow cave exploring on their
land. While many of the bills he has signed are routine, one is a long-debated
measure protecting employers from civil lawsuits when giving job references.
Many of the remaining disputes need to be worked out in joint House-Senate conference
committees before they can win final passage and go to Pawlenty for his signature
or veto. But so far, only two conference committees have been appointed
on the .08 drunken driving standard and on electric rate discounts and
neither has had a formal meeting.
What happens now is more like marathon dancing than civics-book democracy
an attempt to resolve debates among the Republican governor, the Republican-controlled
House and the Democratic-Farmer-Labor-controlled Senate. While Pawlenty and
the House are allied on most issues, they part ways on a number of issues, creating
the potential for three-way paralysis.
If the principals can't agree and for the past three years, they haven't
been able to the deadline will pass, the gavel will fall, and the governor
will have to decide whether to summon legislators back for an overtime special
session to get their work done. Many believe that will happen this year.
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If the work is to get done, it will require a two-week rush. Here is a guide
to some of the traditional endgame oddities, as well as tips for keeping track.
Meetings of the gods: Attempts to work out a mega-deal, sometimes called the
"global agreement,'' usually involve the House speaker, the Senate majority
leader and top aides to the governor, or the governor himself.
These private conclaves can determine the overall size of the deal: how much
to spend on capital projects, for example, and how to plug the $160 million
hole in the budget. The public has no access to these critical discussions,
but any deals must be ratified by conference committees, which are open to the
public, and must then go to the House and Senate floors, which are also public.
That means the "gods" can set parameters but cannot cut deals their
members won't support. They generally shy away from the most contentious battles,
such as the stadium fight and gay marriage, and let those issues win or lose
on their own.
Omnibus bills: Most changes involving the state budget are included in huge
"omnibus'' bills. Legislators can try to add or subtract with amendments,
but must eventually decide whether to vote yes or no on the entire package.
Mixing issues into catch-all bills adds to the late-session confusion.
Conference committees: This time of year, it is easy to see why
former Gov. Jesse Ventura disliked the two-house Legislature and the conference
committee process. These panels, often tethered to the "global negotiations''
going on above them, schedule meetings, cancel them, go days without showing
their faces, and reappear at odd hours to hear testimony and make decisions.
Like labor negotiators, "conferees,'' as committee members are called,
cannot seem to finish without a deadline. That means that hundred-page omnibus
bills are often resolved in the wee hours. While their meetings are public and
are posted on Capitol schedules, these deliberations are difficult to follow
without staking out the building.
Floor sessions: Every decision must eventually go back to the
floor of the two houses, which are open to the public and often televised. In
the case of a conference committee "report,'' legislators cannot offer
amendments. They can only vote yes or no and as the clock winds down pressure
builds to accept the conference committee decisions and finish the Legislature's
work.
The capital projects bill, sometimes known as the "bonding'' bill because
it authorizes the sale of bonds, requires a three-fifths majority for passage.
All others require a simple majority.
The Gov: Pawlenty must sign a bill before it becomes law, and his veto can send
the Legislature back to square one.
Usually, he makes his wishes known before the Legislature acts, so that his
objections have been dealt with. But a late-night gubernatorial veto, or even
a threat of a veto, can reshuffle the cards.
How to play: Veteran endgame watchers offer a few suggestions for citizens.
They suggest focusing on a limited number of issues, rather than trying to see
the big picture, and connecting with a like-minded interest group, which may
track the issue daily and post updates on Web sites and hot lines. A citizen's
legislator may also help, even if the legislator is not directly involved in
the issue.
Legislative information lines at the Capitol often have lists of recent developments.
The Senate Information office, 651-296-0504, is particularly helpful. Schedules
are posted on the legislative Web site, www.leg.state.mn.us, as are searchable
copies of bills and amendments as they are being debated on the floor.
This being a Capitol city, there is a lot of media coverage of the last days
of the session. The Capitol press corps is permanently encamped in the Capitol,
and newspapers, radio and television stations will be full of coverage during
the windup.
One last thought on the last day: Because this is the end of the
two-year Legislative session, the Constitution prohibits the Legislature from
passing bills on Monday, the last day of the session.
The House and Senate generally avoid floor sessions on Sunday. That means if
the end is in sight and an all-night windup is needed, it will likely fall on
Saturday, May 15, which is also Minnesota's official fishing opener.