Every silver lining has a touch of grey...

I've got good news and bad news for you, Governor Pawlenty.

First, the good news: your cigarette "fee" isn't a tax at all, but really is a fee. Congratulations! You haven't broken your "No New Taxes" pledge, at least on this issue (we'll talk about property taxes later...)

The bad news: since the fee is a fee, it is illegal. Oopsie. That kind of destroys the state budget, doesn't it?

I am disappointed in this ruling, not because I don't like seeing the Pawlenty administration get a hard kick in the groin, but because I think this fee is a good thing. However, unless this ruling is overturned on appeal (and an appeal is probably sure to take place), we are stuck with it. What happens next? Will there be a special session to fix this? Will another tax be passed? Will the surplus be used for this, ensuring that schools don't get the money they deserve? The ball's in Pawlenty's court.