Archive | March, 2012
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Hoppe, Leidiger vote against Sunday liquor sales

Once again, the common-sense quest to allow liquor sales on Sunday in the state of Minnesota has fallen prey to legislative indifference and the power of special interest lobbies.

On a 97-25 vote, an amendment to the omnibus liquor bill allowing such sales was defeated this afternoon.  Carver County Representatives Joe Hoppe and Ernie Leidiger voted against the amendment, as shown in this picture of the voting record provided by Rep. John Kriesel.

Liquor is a legal product.  You can go to a bar and order your favorite beverage on a Sunday.  It makes no sense at all not to allow people to be able to go to a liquor store and buy it for their personal consumption.

Maybe someday, Minnesota will catch up to its neighbors and allow Sunday liquor sales.  And — dare to dream — maybe someday we will allow liquor sales in grocery stores and other retail establishments as well!

[DISCLOSURE:  I work for a company that owns and operates grocery stores, and advocates for such a change in the law.]

Opponents of liquor sales on Sundays argue that allowing sales on Sundays would add little new revenue — it would just re-arrange existing sales across seven days instead of six — and add expenses of being open on that seventh day.

That may very well be true.  But you could say that of every kind of business.  (Except for auto dealerships, that is, who also have the same protection in the law that liquor stores have.)  Consumers should have the ability to buy the products on the day they like, and businesses can make the decision on when they want to be open to respond to that business.    Liquor stores could choose not to be open on Sunday.  It has been done in other industries that operate (sometimes) on a 24/7 schedule.

2012bonding

Comparing the bonding proposals

With the Minnesota Republican Senate caucus finally releasing their bonding proposal this morning, we now have all three proposals to review and evaluate.

Gov. Mark Dayton has proposed $775 million in general obligation bonds, Senate Republicans $462 million, and House Republicans $280 million.  House Republicans also proposed a $221 million package of bonds for renovating the State Capitol over the next four years.  $60 million of that package would be reflected in this biennium’s spending, so the total House Republican general obligation bonding spend would be $340 million.

Let’s take a look at some of the key ways these different proposals are different.

Higher Education:  The main difference between the three proposals is Gov. Dayton’s $54 million plan to turn the  Old Main Utility building on the University of Minnesota campus into a new heat and electrical plant.  Dayton and Senate Republicans also provide significant funding to many projects in the MnSCU system that the House bill does not include.

Environment:  Again, Dayton and Senate Republicans share many of the same priorities here, providing funding for flood mitigation and invasive species control that does not exist in the House bill.  Dayton also provides more funding to the Pollution Control Agency than both of the Republican caucuses.

Military Affairs and Veterans:  Dayton and Senate Republicans fund two projects (totaling $44 million) not included in the House bill — nursing care bed replacement at the VA Hospital and expansions at Camp Ripley.

Administration and State Capitol:  The House’s $60 million proposal for Capitol renovations is the key delta between the three proposals.

Human Services and Corrections:  Dayton proposes significant spending in these categories that does not exist in either of the Republican bills.  Specifically, Dayton calls for expansion and remodeling of the St. Peter Security Hospital as well as expansion of the St. Cloud prison and construction of a fence at the Shakopee Women’s Correctional Facility.

Employment and Economic Development:  Dayton proposes a much broader list of local projects in this category, including renovations to Nicollet Mall and construction of a new ballpark for the St. Paul Saints.  Regional civic centers are an item to watch.  Dayton proposed expansion of renovation of facilities in Mankato, Rochester, and St. Cloud, while the Senate only included funding for Rochester and St. Cloud, while the House had none of these in their proposal.

Met Council:  Dayton proposed $25 million in funding for the SW Corridor Light Rail project, which did not make the cut of either of the Republican bills.

Bonding bills need to pass the Legislature by a 60% majority, so there is much work to be done before the end of the session to ensure passage.

2011lobby

Who’s flexing their lobbying muscles at the Capitol?

The Minnesota Campaign Finance and Public Disclosure Board released their report of 2011 lobbying activity today.  In 2011, a total of $59.4 million was spent by various groups lobbying the State Legislature on behalf of their interests.  That figure is in line with previous years — since 2005, lobbying spending has ranged between $54 and $62 million dollars.

For the fourth year in a row, Xcel Energy Services ($2.36 million) and the Minnesota Chamber of Commerce ($2.06 million) are the top two lobbying spenders.

Of the top 25 lobbying spenders in 2011, 12 of the 25 are businesses or business associations, reflecting over $10 million in lobbying expense.  Labor interests hold five of the top 25 positions, spending $2.59 million.  Education Minnesota’s $500,000 in lobbying spending represented its lowest outlay in seven years and ranked it 13th on the list.  The AFL-CIO was the highest-spending labor group, spending $820,000, tying for fifth place on the list.

Government associations represented three positions on the list, totaling just over $2 million in lobbying expense.  The Coalition of Greater Minnesota Cities was the largest spender of these groups, also spending $820,000 in 2011.  Native American tribal interests also had three positions on the list, led by the Mille Lacs Band of Ojibwe and their $550,000 in lobbying expenses.

Chaska News and Notes: March 15, 2012

Some news and notes from around Chaska and Carver County:

  • A prehearing conference in the Rep. Ernie Leidiger speeding ticket case will take place on April 4.
  • Sen. Julianne Ortman voted in favor of the right-to-work constitutional amendment in the Senate Judiciary Committee on Monday.  The amendment now moves to the Senate Rules Committee, and if it passes, it could move to the floor for final approval.
  • Chanhassen resident Cindy Pugh has announced her candidacy for the Republican nomination for State House in District 33B (northeastern Chanhassen plus the Lake Minnetonka region).  Pugh will be challenging incumbent GOP State Rep. Steve Smith, who is running for his 12th term.  Pugh is a well-known Republican activist and the co-founder of the SW Metro Tea Party group.
  • The McDonald’s proposal will come before the Chaska City Council on Monday, March 19.
  • Tickets for the First Annual Chaska BBQ Bash are now available.  The event is being put together by the Pride of Chaska group and benefits Chaska High School Activities and Athletics.  The event is on Friday, April 20 at Hazeltine National Golf Club and features a live auction emceed by WCCO-TV’s Frank Vascellero.
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Shaky foundation for new Vikings stadium?

Friday afternoon, the text of the bill detailing the proposal for the new Minnesota Vikings stadium was released.  The bill fits the outlines of the deal announced by Governor Mark Dayton, Minneapolis Mayor R.T. Rybak and Vikings owner Zygi Wilf on March 1.

Construction costs of the new facility, which would be built just to the east of the Metrodome, total $975 million dollars.  The Vikings and other private sources would put up $427 million, the state would contribute $398 million, and the city of Minneapolis would chip in the remaining $150 million.

Minneapolis’s contribution would be paid for by redirecting the revenue from existing taxes in place to support the Minneapolis Convention Center (a 0.5% sales tax, downtown restaurant and liquor taxes, and a lodging tax).  The Vikings share would include stadium naming rights as well as expected assistance from the National Football League.

The state’s portion is where things get tricky.  Gov. Dayton has promised “no general fund dollars” will go to the stadium (more on this below).  The entire $398 million is projected to be paid for by appropriation bonds backed by revenues from electronic charitable gaming, primarily electronic pulltabs and bingo.  In order to support the $398 million principle and interest over the next 30 years, the state would need to make annual payments of about $40 million.

Last year, charitable gaming (which is 90% paper pulltabs, with the rest split among bingo, paddlewheels, tipboards and raffles) generated about $38 million in revenue for the state.  The state Revenue Department projects that the electronic gaming will generate about $62 million per year, leaving a $22 million cushion.  No problems, right?

Maybe not.  Critics have pointed out several potential problems that may need to be addressed.

Problem #1:  No state currently uses electronic pulltabs to the extent being proposed here in Minnesota, so there’s no history anywhere to pull from.  Idaho and Florida have limited use of such games, which limits the ability to extrapolate from their results.  Virginia is planning to rollout electronic pulltabs and bingo later this year, but that too will be on a more limited basis than what is proposed here.

Problem #2:  Existing forms of charitable gambling are in the midst of a serious decade-long drop in revenues.  In fact, gross revenues have dropped 31% over that time and tax revenue to the state has dropped 34%.

Source: Minnesota Gaming Control Board

Problem #3:  charitable gaming advocates say Revenue Department projections are widely out of line.  Because of the issue in Problem #1, some feel that the assumptions used by the Revenue Department are not accurate.  For instance, here’s an example cited by King Wilson, Executive Director of Allied Charities of Minnesota, in MinnPost:

Take Apple Valley American Legion Post 1776. It has only one site, its clubhouse, and previous legislative proposals have limited each site to a maximum of 12 pull-tab and bingo machines.  Revenue from pull-tabs has been estimated to produce $225 a day, bingo $90.

“If you multiply each of those by 12 machines and 365 days a year, you get $1.4 million,” says Wilson. The Department of Revenue, however, says that Apple Valley’s revenues will rise by nearly $6 million.

Not to mention that the estimates rely on increased availability of the electronic games.  Currently available in about 2,700 locations across the state, revenue estimates indicate that the electronic games may be available in up to 4,000 locations.  But some say that may not be the case because of the increased up-front cost of the machines.

Charities currently pay about 1.2 cents per paper pulltab in expenses, but they would be on the hook for leasing costs of $100-125 per month per machine with the electronic systems (the equivalent of about 10,000 paper pulltabs).  Increased costs for charities may translate into lower payouts for gamblers.  Lower payouts for gamblers translates into fewer gamblers, which lowers revenues — starting a vicious cycle that makes gaming unprofitable for the charity and reduces tax revenues available to the state to pay for the new stadium.

So where does all of this leave us?

The whole process has been distasteful, to say the least.  And, owners of professional sports franchises are not the most sympathetic group of characters in the world.  Certainly, one can fairly argue that as a state, we shouldn’t even be in the business of building stadiums and we should thank the Vikings for the memories and let them move along to their next destination.

Personally, I don’t fall into that camp.  I believe that professional sports are part of the fabric of life in a metropolitan area like the Twin Cities and that these facilities are part of the infrastructure of an area with over 3 million people.  It’s important to structure the deal in a way that protects the public investment and doesn’t unduly subsidize wealthy team owners.  We’ve done this before with Xcel Energy Center and Target Field.  We can do it again here.

Let’s take a step back for a moment to Gov. Dayton’s claim that the stadium isn’t paid for by general fund dollars.  Well, that’s just not true.  Today, all charitable gaming revenue flows into the state’s general fund, and nothing changes under this bill.  The appropriation bonds issued by the state are different than general obligation bonds, in that appropriation bonds are not mandated to be paid out of the general fund should gaming revenue not be sufficient.  The state can elect whether or not to appropriate money to pay the bondholders every year.  However, the consequences of default for the state (even on an appropriation bond) are so severe that it effectively means that the state’s portion of the stadium is being backed by general fund dollars.

Well, if that’s the case then I think the Legislature has some work to do here to firm up the revenue source that backs the state’s investment in such a facility.  At the very least, the bill should contain a fallback measure that is triggered if gaming revenue falls short of the level required to cover the state’s contribution — my thought would be a ticket tax levied on events in the new stadium until the shortfall is recovered.  Perhaps even better would be a broader expansion of gambling to racinos at Canterbury Park and Running Aces or a Block E casino.

This state can’t afford to have critical investments in education, health care, public safety and transportation jeopardized by uncertainty about electronic pulltab revenues.  The Legislature needs to provide additional certainty around how the state portion of the stadium’s construction tab will be paid before voting to approve it.

Let’s hope that our legislative delegation steps up to the plate and makes constructive changes to the bill.  Rep. Joe Hoppe is the chair of the Commerce Committee in the House, which will almost certainly hold hearings on the bill.  Hoppe has also spent time as part of the legislative working group on this issue, so he should be well-positioned to steer this bill in the right direction.

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McDonald’s to Hazeltine Plaza

On Wednesday, the Chaska Planning Commission will be hearing an application from McDonald’s to build a new location in the Hazeltine Plaza development.  Hazeltine Plaza is the development at the corner of MN-41 and Hazeltine Boulevard, where Kohl’s Department Store is currently the only tenant.

The area highlighted in red below is the area in which the McDonald’s is being proposed.

Hazeltine Plaza development map, from developer Wallingford Properties

The Planning Commission will also be reviewing plats for the Chevalle development and a concept plan in the Heights of Chaska.  Here’s the full agenda.

Zunker from Twitter

Zunker pleads guilty to felony; receives work release and probation

Former Carver County GOP Chairman Paul Zunker pled guilty yesterday to one felony count of second-degree criminal sexual conduct with a victim under the age of 16.  Zunker was charged in September with two counts of the crime, but one count was dropped as part of a plea agreement.

Zunker was sentenced to 90 months in jail, but as a first-time offender, that sentence is being stayed and replaced by 180 days of work release through the Carver County Jail and 15 years of supervised probation.  Zunker is subject to 16 conditions, which include:

  • No contact with the victim and his biological children until approved by the state-appointed therapist and his counseling program
  • No unsupervised contact with females under the age of 18
  • No use of the internet without approval and use of monitoring programs
  • No possession or use of pornography
  • No possession or use of alcohol or drugs and random alcohol and drug testing
  • Registration as a sex offender, including supplying a DNA sample
  • Successfully complete sex offender treatment and aftercare programs
  • Remain law-abiding

Violations of these conditions could result in Zunker being sent to prison to serve out the 90 month sentence.  Details of the sentence can be found at this link.

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Let’s talk equality of opportunity for a moment

With the issue of income inequality poised to play a significant role in the 2012 election, let’s talk about the  rhetoric that’s flying around.  Republicans like to talk about how the policies of Democrats and President Obama would create “equality of outcomes”, while Republicans wish to create “equality of opportunity”.  And, in fact, the implication has been from many Republicans, that “equality of opportunity” already exists.  Like Mitt Romney, for instance:

“It would be popular for me to stand up and say I’m going to give you government money to pay for your college, but I’m not going to promise that,” he said, to sustained applause from the crowd at a high-tech metals assembly factory here. “Don’t just go to one that has the highest price. Go to one that has a little lower price where you can get a good education. And hopefully you’ll find that. And don’t expect the government to forgive the debt that you take on.”

Does equality of opportunity exist?  Well, that’s highly questionable.  Look, for instance, at the higher-education situation:

What this data is shows is the percentage of students completing a four-year degree broken down by their test scores in eighth grade and their income levels.  What it shows is that low-income (bottom 25%) students with high test scores (top 25%) have basically the same probability of graduating college as high income (top 25%) students with low test scores (bottom 25%).  

We’re not strictly dealing with a meritocracy here, are we?

Rhetorically, I completely agree with the notion of “equality of opportunity” as being preferable to “equality of outcomes”.   Let’s not delude ourselves, though, into thinking that equality of opportunity exists.  It doesn’t.  This isn’t the time to cut vital programs (like Pell Grants) that help low-income students climb the ladder.  This isn’t the time to continue to squeeze our public schools and subject them to budget games on a yearly basis.  This isn’t the time to pull up the ladder and tell everyone at the bottom of the scale, “you’re on your own”.

Rep. Ernie Leidiger

Judge orders hearing on Leidiger campaign-paid speeding ticket [UPDATED]

Administrative Law Judge Richard C. Luis of the Office of Administrative Hearings has ruled that the complaint filed by the DFL Party against Rep. Ernie Leidiger regarding paying a speeding ticket out of campaign funds represents a prima facie violation of Minnesota Statutes § 211B.12.  Luis has ordered that a prehearing conference and evidentiary hearing take place in the next 90 days

At the hearing, both sides will be allowed to present evidence about “whether Representative Leidiger’s $178 expenditure was for a permitted political purpose reasonably related to the conduct of his election campaign, or whether the funds were converted to personal use in violation of the statute.”

The full order by Judge Luis is below:

[UPDATE]:  A prehearing conference on this case has been scheduled for April 4.

Masrud to challenge Ortman for SD 47 GOP State Senate nomination

Chaska resident Kevin Masrud has announced his intention to run for the Republican nomination for State Senate, challenging incumbent State Senator Julianne Ortman.

Masrud previously ran a write-in campaign for the U.S. House of Representatives in 2008 and placed third  fourth [updated 2 p.m. 3/5] in the primary for Carver County Commissioner District 3 in 2010.

On the campaign’s Facebook site, Masrud recites his platform:

Limited government: Government’s purpose is not to provide everything we need or want. Its purpose is to secure the blessings of Liberty, establish justice, and ensure domestic tranquility.

Education: We don’t want socialized health care; why would we want socialized education? Education can be improved by introducing the free market and competition.

Pro-Life: Life begins at conception. Without life you cannot have liberty. The role of the State is to secure liberty by protecting life.

2nd Amendment: The right of the people to keep and bear arms shall not be infringed. What part of “shall not” don’t they get? I fully support the right of the people.

Property Rights: Eminent domain is a last resort to be used for public projects only. Condemning your neighbor’s property to provide land for developers is unconscionable.

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