Jim Abeler in MN legislative records

On Abortion: No public funding for embryonic stem cell research

Legislative title:Public Funding for Stem Cell Research

Legislative summary: Vote to pass a bill that allows the University of Minnesota to use state funding for human embryonic and stem cell research.

• Prohibits the selling or purchasing of fetal tissue and attempts at human cloning
• Allows the University of Minnesota to spend state-appropriated funds on stem cell research.
• Prohibits researchers from creating human embryos and from destroying, discarding, or injuring human embryos.
• Issues guidelines for stem cell research.
• Establishes an optimal structure for an amniotic and a placental stem cell bank program.

On Abortion: Stricter licensure requirements for abortion facilities

• Impose new licensure requirements upon facilities which perform 10 or more abortions per month
• Apply existing rules for outpatient surgical centers to targeted clinics.

• [Regarding surgery rules]: Clinics are very different from surgical centers. For example, under surgery center rules, clinics would be prevented from offering other services such as primary and preventive care.
• There are six abortion clinics in Minnesota which would be affected by the legislation. All are members of the National Abortion Federation which sets clinical policy standards and inspects every member.
• There is sufficient oversight of clinics, and there is no evidence of poor quality or unsafe procedures being performed.

On Civil Rights: No state authorization of same-sex marriage

Legislative summary: An act relating to marriage; providing for civil marriage between two persons (replacing the current definition of "a man and a woman"); providing for exemptions and protections based on religious association.

On Civil Rights: Define marriage as one-man-one-woman

An section shall be added to the Minnesota Constitution article XIII, to read:
• Only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota.
• The proposed amendment must be submitted to the people at the 2012 general election as: "Shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota?"

On Crime: Supports use of deadly force in self-defense

Legislative title:Expands the Use of Deadly Force in Self-Defense

Legislative summary:Vote to expand provisions authorizing use of deadly force in self-defense. Highlights:

• Authorizes an individual to use deadly force to resist or prevent any of the following from occurring:
• The commission of a felony in the individual's dwelling;
• The commission of an offense that will expose an individual to substantial injury or death; or
• The commission of a felony that includes the threatened use of physical force or a deadly weapon.
• Expands the definition of a "dwelling" to include: overnight stopping accommodation of any kind; a motor vehicle; a watercraft; a motor home
• An individual is presumed to have a reasonable belief that there is an imminent threat of substantial injury or death if another individual has entered or is attempting to enter a dwelling unlawfully.

On Drugs: No legalized medical marijuana

Legislative title:Legalizing Medical Marijuana

Legislative summary:Vote to legalize marijuana for medical use by people with certain debilitating conditions.

• Allows a qualifying patient to receive up to 2.5 ounces of marijuana
• Defines a primary caregiver as a person of at least 18 years who assists no more than five qualifying patients with their medical use of marijuana
• Retains the use of marijuana solely for terminally ill patients suffering a debilitating illness
• Allows issuing ID cards to qualifying patients, enabling them to purchase marijuana at state-licensed dispensaries
• Requires that a licensed practitioner sign a written certification for a qualifying patient recommending the medical use of marijuana
• Defines a registered organization as a nonprofit entity registered with the Commissioner of Health that provides marijuana and related supplies to qualifying patients and caregivers.

On Drugs: Voted NO on legalizing medical marijuana

• Legally protecting qualified patients and primary caregivers for limited amounts in possession
• Issuing registry identification cards to qualifying patients, primary suppliers, and treatment facilities
• Requiring criminal history background checks of primary caregivers before issuance of a registry identification card
• Sunset provision (automatic expiration of law)

Legislative Outcome: Passed House 70-64-1 on May 18; Rep. Jim Abeler voted NO; passed Senate 38-28-1 on May 18; vetoed by Gov. Pawlenty on May 22

On Education: Resident tuition rates for immigrants if they follow rules

1. high school attendance within the state for three or more years;
2. graduation from a state high school or attainment within the state of the equivalent of high school graduation; and
3. in the case of a student without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the student's immigration status or will file an application at the earliest opportunity the student is eligible to do so.

On Energy & Oil: Voted NO on removing CO2 emissions ban

Legislative title:Repeals Carbon Dioxide Emissions Prohibition

Legislative summary:Vote to exempt certain energy imports from the prohibition on increasing CO2.

• Authorizes 1,500 megawatts of energy to be imported from out of state facilities if they meet the following requirements:
• The facilities are fueled by feedstock coal; and
• The facilities began construction after April 1, 2007.

On Energy & Oil: Supports regional cap-and-trade emissions program

Legislative title:Greenhouse Gas Emissions Cap and Trade Program Report

Legislative summary:Vote to establish a cap and trade program under the Midwestern Greenhouse Gas Accord by January 15, 2009.

• Commissions studies related to the impact a cap and trade program will have on the economic, environmental, and public health, potential revenue, and governance options for determining expenditures of revenue.
• Specifies that up to $500,000 shall be used to fund the studies.
• The report shall also cover implementation mechanisms; the potential for the program to allow the state to meet existing greenhouse gas reduction goals; legislation in Congress to implement a federal cap and trade program; economic, environmental, and public health impact study; and the potential cap and trade revenue study.

On Energy & Oil: Cap-and-trade to achieve MN greenhouse gas reduction goals

• The legislature finds that a cap and trade program will achieve Minnesota's greenhouse gas emissions reduction goals in a cost-effective manner.
• The right to emit greenhouse gases should be auctioned to emitting facilities rather than allocated at no cost, with proceeds from the auction invested in projects that advance the transition to a low greenhouse gas-emitting economy.
• A greenhouse gas cap and trade program is best pursued in cooperation with other Midwestern states.
• A "climate trust fund" is established [to manage revenue from auctions]

OnTheIssues explanation: Cap-and-trade was first popularized in the 1990s under President George H.W. Bush as a means to efficiently reduce CO2 emissions.

Legislative Outcome: Passed House 91-38 on April 23; Rep. Jim Abeler voted YES; passed Senate 43-21; signed by Gov. Pawlenty on May 19.

On Environment: Establish Great Lakes Compact to protect public resources

• the waters of the basin are precious public natural resources shared and held in trust by the states;
• the waters of the basin are interconnected and part of a single hydrologic system;
• continued sustainable, accessible and adequate water supplies for the people and economy of the basin are of vital importance;
• Purposes of the Great Lakes Water Resources Compact:
• to act together to protect, conserve, restore, and effectively manage the waters and natural resources of the basin despite current lack of full scientific certainty
• to facilitate consistent approaches to water management across the basin while retaining state management authority.

On Government Reform: Require photo ID to vote

Legislative title:Requires Photo Identification to Vote

Legislative summary: Vote to adopt a conference report that submits a constitutional amendment to the voters that requires voters to present photo identification prior to voting.Highlights:

• Requires voters voting in person to present valid government-issued photo identification in order to receive a ballot.
• Requires the state to issue photo ID at no charge to eligible voters who do not have valid government-issued photo ID
• Requires that a voter not capable of producing government-issued photo identification must be able to cast a provisional ballot
• Requires the amendment be submitted to the voters for approval at the 2012 general election.

On Government Reform: Require photo ID for voting

All voters must be subject to identical standards of eligibility verification before voting and the state must make photographic identification available to eligible voters at no cost to them. The following persons shall not be permitted to vote at any election: A person not meeting the above requirements [for photo ID] ; a person who has been convicted of a felony, unless restored to civil rights; a person under guardianship, or a person who is not mentally competent.

Legislative Outcome: Vetoed by Gov. Dayton on April 4, 2011 and hence reintroduced as constitutional ballot initiative; passed House 72-62 on March 20, 2012; Rep. Jim Abeler voted YES; passed Senate 35-29 on April 4, 2012; defeated 54%-46% by voters as "Amendment 2" on Nov 6, 2012.

On Government Reform: Keep restrictions on liquor licenses near state facilities

Summary by OnTheIssues: Allow liquor licenses near county jails, but disallow liquor licenses within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution under the supervision or control of the commissioner of human services or the commissioner of corrections.

Governor's Veto Message: There are many other facilities beyond hospitals, training schools, reformatories and prisons that are under the supervision or control of the Commissioners of Human Services or Corrections. It would surprise me if the Legislature intended to allow liquor sales near all such facilities. Yet, the bill seems to do just that."

Legislative Outcome: Passed House 124-8-2 on May/13/04; Rep. Abeler noted NO; Passed Senate 57-3-7 on May/14/04; Vetoed on May/29/04.

On Government Reform: Shift approval of local rules from Governor to Legislature

Governor's Veto Message: The bill essentially shifts authority for conducting rulemaking from the executive branch to the legislative branch. Under current law, the legislature has granted the Governor's office final approval authority on all rulemakings. This is sound policy as it provides accountability in a way that does not paralyze either branch of government. House File 624 would impose that responsibility on the already over-stressed legislative process.

Legislative Outcome: Passed House 124-8-2 on May/16/03; Rep. Abeler voted YES; Passed Senate 60-0-7 on May/16/03; Vetoed by Gov. Pawlenty on May/27/03.

On Immigration: Withhold state aid for sanctuary cities

Legislative title:Seifert Amendment: Restriction of State Aid Based on Compliance with Immigration Laws

Legislative summary: Vote to adopt an amendment that withholds state aid from cities that prohibit officials from verifying immigration status or undertaking action to detect undocumented persons. Allocates aid that would have otherwise been distributed to cities that are prohibited from receiving aid under this amendment to other cities that are not determined to have ordinances that prevent immigration law enforcement.

On Immigration: Require compliance with federal REAL ID

• a valid, unexpired US passport
• a certified copy of a birth certificate
• a valid, unexpired permanent resident card, certificate of naturalization, or unexpired employment authorization document
• a valid, unexpired passport issued by a foreign country and a valid, unexpired US visa accompanied by documentation of lawful admittance into the US

Legislative Outcome: Passed House 72-58-0 on Feb. 23; passed Senate 60-7-0 on March 30; Rep. Jim Abeler voted AYE; signed by Gov. Dayton on May 18.