(Corrected Message. Apologies for the Extra Email!)

WEEK NINE: Friday, April 26

Update from the Capitol

At this point every session, committees have wrapped up their work and meetings, and we begin to spend more time in floor sessions, taking up bills. Those will be a combination of smaller, single subject bills, as well as the larger, higher profile omnibus bills.

Because this isn’t a budget year – we passed our balanced two-year budget in 2017 – our fiscal opportunities are “optional,” in the sense that state government won’t shut down if we do nothing. On the other hand, we do have a very modest surplus that could be used for spending or tax policy changes, which also affect our fiscal balance sheet. Given that Congress passed sweeping tax changes at the end of 2017, my highest priorities for this session have been a) maintaining Minnesota’s fiscal stability, and b) crafting tax policy that protects Minnesota families from tax increases.

With three weeks remaining in this session, the Senate took up the “Supplemental Finance Omnibus Bill” on Thursday, April 26. See “On the Floor” in the below Week In Review for details, including two amendments I offered.

We are still waiting for Senate Republicans to present their tax proposal. The late date is a concern at this point, because these matters are complex, and we all need time to do detailed analyses to fully understand the implications across our communities, families, and businesses. Also, in 2016 when House Republicans waited until the last minute to release their tax bill, it ended up having a significant error which kept it from being implemented.

Talking about the legislative process sounds like it’s way “in the weeds,” but it matters. It matters for accuracy and the ability to consider all the potential consequences. And it matters to the public. Without the opportunity to review bills and specific language, without the chance for the public – and their representatives – to weigh in, our system doesn’t work for Minnesotans.

As we enter these final weeks (days?!), I will continue to push for accountability in our proposals and our debates as we work toward our final bills.  And please stay in touch with your concerns and views in these important weeks.

Gratefully,

Susan

Overview

Tick Tock. Time is running out

The Legislature faces a May 21 constitutional deadline to complete its work, meaning just three short weeks remain to hold public discussion on sweeping proposals that will impact nearly every Minnesotan in one form or another. As a result of Republicans’ decision to wait until the last minute to do the job they were elected to do, the public is getting shut out of an important conversation about the state’s collective future.

It took Senate Republicans more than 60 days to pass a first draft of their supplemental budget proposal. There are some good things in this bill, but they are far outweighed by bad things that will hurt Minnesotans. The Senate Republican budget weakens collective bargaining rights, tells teachers what they can and can’t say in their classrooms, and cuts funding from crucial services. The Legislature has a lot of work to do to help build the state all Minnesotans deserve, and the Republicans’ budget doesn’t get there. It contains no real solutions to the collective challenges the state faces.

In addition, at this late date, the public has yet to see Republicans’ plan to prevent a middle-class tax hike next spring. The public has also been kept in the dark on Republicans’ capital investment bill. If it took 60 days for Senate Republicans to pass a first draft of their supplemental budget, it is hard to imagine that the public will have ample time to review and comment on the Republicans’ tax and bonding plans in less than 21 days.

IN THE SENATE

Press conference on extreme risk protection order and bakground check amendments

A press conference was held this week regarding two gun violence prevention amendments that were offered during the Senate’s floor discussion on the supplemental budget omnibus bill.

Senator Kent joins Senators Ron Latz, Matt Little, Kari Dziedzic, and Matt Klein to support common-sense measures to keep guns out of the hands of dangerous individuals.

The first bill would allow law enforcement to seek an extreme risk protection order, a court order temporarily restricting a person’s access to guns when they show red flags and pose a danger to self or others. The second bill would extend criminal background checks to most private sales, gun show markets, and online transactions within the state’s existing permit to purchase system. 

In a nationwide study from 2009 to 2016, roughly 42% of mass shootings produced documentation that the attacker displayed dangerous warning signs before the shooting.

A Star Tribune poll this past weekend found that 9 out of 10 Minnesotans support criminal background checks on all private firearm purchases. A recent similar poll conducted by Everytown for Gun Safety found identical support among Minnesotans for red flag and criminal background check bills. Support is broad as well as deep, and crosses political, urban and rural, and gun owners and non-owner lines. Additionally, several Senate Republicans have offered support for gun violence prevention bills of this nature.

Opioids press conference

Governor Mark Dayton and DFL legislators held a press conference this week to urge Senate Republican leadership to seriously consider enacting the new state guidelines to combat opioid abuse. Some of the provisions include:

• Prescribing the lowest effective dose and duration of opioids when used for acute pain.
• Monitoring the patient closely during the post-acute pain period.
• Avoiding initiating chronic opioid therapy and carefully manage any patient who remains on opioid medication.

Senate DFLers continue to support passing a penny-a-pill legislation this year to provide urgently needed resources for opioid prevention and treatment services. This program would raise $20 million a year to combat the dramatic rise in opioid overdose deaths. According to the Minnesota Department of Health, the state had 395 opioid deaths in 2016, an 18% increase over 2015. Of those 395 deaths, 194 were linked to prescription opioids.

Efforts to address this heartbreaking epidemic are happening at every level of government; however, the manufacturers of opioids have contributed very little in proportion to their role in helping to create the problem. This bill would alleviate some of the burden on Minnesota taxpayers by requiring the pharmaceutical industry to pitch in and do what is right. (SF 730)

MN African American Family Preservation Act

DFL legislators held a press conference this week to raise awareness of the Minnesota African American Family Preservation Act, a proposal to improve oversight of child-protection services and provide better outcomes for African American children and families who go through the system. The legislators were joined by parents and advocates who detailed first-hand experiences with the disparities in the child welfare system, calling for strong support of the Act.

The Minnesota African American Family Preservation Act seeks to remedy the disparities experienced by African American children and their families by preventing unnecessary removal of black children from their home and promote family reunification. The bill would create a new council within the Department of Human Services to better oversee how black children and their families are treated by child protective services. The proposal would also require local agencies to place black children with family members, make it harder to terminate parental rights, and allow for parents to petition to have their families reunified. (SF 3779)

Student groups continue their push toward gun violence prevention

Students Demand Action held a rally at the State Capitol this week to fight for common-sense gun safety in America. After the rally, the students had the opportunity to speak with legislators on multiple issues they are passionate about. The group has partnered with the Everytown for Gun Sense in America organization and Moms Demand Action to fight for gun violence prevention legislation.

The State Capitol rally coincided with the 19th anniversary of the shooting at Columbine High School in Littleton, Colorado. Students from across the state and country have continued to pressure policymakers to step up gun control measures two months after the Parkland, Florida shooting that killed 17 students and staff. Minnesota students say they want to keep the momentum going to push for change to prevent future tragedies.

Students Demand Action is determined to fight for lives, dreams, and communities across Minnesota. They will not stop until all students are able to feel safe in their classrooms.

ON THE FLOOR

Minnesota Sex Offender Program bill passes unanimously

Following the Minnesota Supreme Court’s decision to decline an appeal from the Department of Human Services on the full discharge of a patient from the Minnesota Sex Offender Program, the Senate voted unanimously to pass a bill that clarifies the conditions under which an offender may be eligible for a partial or full discharge from a civil commitment.

Last year, the Minnesota Court of Appeals interpreted the current law in such a way that it was virtually impossible to grant a patient a partial discharge from civil commitment—an important step in helping patients’ transition back to the community after completing court-ordered treatment. The bill clarifies the conditions under which it is appropriate to grant a provisional discharge, which allows for continued supervision and treatment. This is critical to the success of patients who may struggle to adjust to life in the community outside of a treatment facility.

The bill will be sent to the House for debate before heading to the Governor’s desk to be signed into law. (SF 3673)

Changes made to Sophia’s Law

Two years ago, Minnesota passed the first comprehensive carbon monoxide law for boaters in the United States. The law was in response to the tragic death in 2015 of seven-year-old Sophia Baechler, who passed away from carbon monoxide poisoning while boating with her parents. While carbon monoxide detectors are common in homes, many people didn’t think to have them on their boats. This law requires certain boats that have an enclosed accommodation compartment to have a CO detector installed. This session, an amendment was added to current law to allow the use of stand-alone carbon monoxide monitors along with the current marine CO monitors. Having both monitors permissible under statute will provide boaters significantly greater protection from CO poisoning. (HF 3755)

Supplemental finance omnibus bill falls short

The omnibus finance bill this week was heard and passed on the floor. The bill is made up of multiple budget bills. The bill was loaded with controversial policy and cuts to agencies that will undoubtedly be opposed by Governor Dayton.

Senate DFLers offered numerous amendments that would have improved Minnesota’s quality of life. Instead, the state was left with budgets that avoids the kinds of necessary investments and forward-looking solutions that are needed to address the issues that are critically important to Minnesotans.

Omnibus Agricultural Finance Article: Republicans do not invest a single additional dollar in agriculture, housing, and rural development despite a substantial budget surplus. To fund their priorities, they cut the Department of Agriculture’s budget and reallocate it to mental health assistance for farmers and farm related businesses.

The current trend in agriculture is troubling; commodity prices are low and input costs are high. Moreover, the federal government is shaking the core of the market by starting a trade war by imposing tariffs. While all of this is occurring, the Senate Republicans have not appropriated any additional general fund money in its proposals that have passed the Senate in 2017 and 2018. All of this is in the wake of a consecutive budget surpluses.

Supplemental Energy Finance Article – The article containing the energy provisions caps Xcel Energy’s contribution to the Renewable Development Account and removes future funding for renewable energy in Minnesota. Additionally, the bill includes a provision requiring the Public Utilities Commission to allow public utilities to include excess pension costs in the rate base. This is problematic because it would require utility customers to pay for pension costs as well as the utility shareholder’s interest on the fund. Helping taxpayers must be a priority, but this is an additional cost to ratepayers and does not reflect the current accounting standard used in utility ratemaking.

Higher Education Omnibus Supplemental Bill - This bill takes $1 million from a program to help pay two-year college costs for Minnesota students and uses the money to fund other programs in their budget.  There is no campus support funding in this bill. Both MinnState and the University of Minnesota requested $10 million each for campus programs, but the University of Minnesota will receive no new funding at all and MinnState only receives $1.5 million. This is unacceptable. Higher education in Minnesota must be a priority.

Supplemental Jobs and Policy Bill - This supplemental budget transfers $2 million from the Minnesota Investment Fund to the redevelopment grant and demolition loan program. Governor Dayton funds the same program but does so by using new money from the general fund to support his priorities. It is important to take from the surplus rather than use money from a successful jobs creator like the Minnesota Investment Fund. In addition, this budget provides just half of what Governor Dayton requested for broadband funding in Minnesota. Unserved and underserved areas need access to high speed internet for commerce, education, and quality of life. It’s regrettable that Senate Republicans won’t do more to ensure all Minnesotans have access to high-speed, reliable internet.

State Government Finance Supplemental Bill - This budget includes abolishing MN.IT services and unfair public employee labor contracts. It also requires additional agency reporting on rules that impact residential construction. Public workers are the backbone of Minnesota, and the fact that Republican leadership does not want to invest in their work shows they don’t feel the same way.

Supplemental Transportation Finance bill – This budget provides funding for technical costs and staff for MNLARS, as well as deputy registrar reimbursements and other transportation funding. Senate Republicans declined to take up any of the Governor’s budget recommendations for transportation and public safety, opting instead for one-time fixes and earmarks.

Roads and bridges all over the state are in need of reconstruction and repair, but the bill only provides $1 million in earmarks for feasibility studies to reconstruct two interchanges. Republicans have refused to provide additional funding to the DVS call center, even for temporary employees until the vehicle services side of MNLARS is fully functional. This sets completely unreasonable expectations for call center performance and sets up MNLARS for failure instead of fixing the problem.

Despite a looming deficit of $95-100 million in 2020 and 2021, Senate Republicans do not spend a penny on transit, opting instead for further restrictions on transit expansion. The omnibus bill contains a provision restricting the use of state dollars for light rail transit operating dollars for expansion of the system—meaning Metro Transit would not be able to expand service hours using state dollars. Without dollars committed to fill the deficit this year, the state will need to find a solution so there are not drastic cuts to service.

Supplemental Environment and Natural Resources Finance Bill - This bill contains reductions and new spending that net out to the Environment Finance Committee’s zero budget target. This funding from the general fund includes money for aggregate mapping, monitoring and modeling of water levels in mine pits and for aquatic invasive species grants, among other things. Potential controversy for the bill comes in the form of air quality standards, water transfers, and other environmental issues.

The bill passed on a 34 to 31 party line vote.

Amendments

Common-sense gun safety provisions

Two gun violence prevention amendments were offered to the supplemental budget bill.

The first amendment would extend criminal background checks to most private sales, gun show markets, and online transactions within the state’s existing permit to purchase system. A Star Tribune poll this past weekend found that 9 out of 10 Minnesotans support criminal background checks on all private firearm purchases. A recent similar poll conducted by Everytown for Gun Safety found identical support among Minnesotans for red flag and criminal background check bills. Support is broad as well as deep, and crosses political, urban and rural, and gun owners and non-owner lines. Additionally, several Senate Republicans have offered support for gun violence prevention bills of this nature.

This universal background check amendment was ruled not germane, and an attempt to overturn that ruling failed 36-30.

The second amendment would allow law enforcement to seek an extreme risk protection order, also known as a “red flag warning”, a court order temporarily restricting a person’s access to guns when they pose a danger to self or others. In a nationwide study from 2009 to 2016, roughly 42% of mass shootings produced documentation that the attacker displayed dangerous warning signs before the shooting.

This amendment, the extreme risk protection order amendment, was also ruled not germane, and an attempt to overturn that ruling failed 36-29.

Allow Department of Health to collect gun violence information

An amendment was to the supplemental budget that would allow the Minnesota Department of Health to collect data on firearm ownership for the purpose of public health research or epidemiologic investigation.  The data would be protected and released only as de-identified data.  Supporters argue that many public health concerns like smoking and automobile accidents have been greatly reduced thanks to targeted public health research. Researchers from many professions work with and leverage de-identified data every day to solve problems in ways that do not compromise the privacy and rights of individuals.  Allowing public health research on firearm ownership could save many lives lost to suicide and gun violence.  Despite the author’s invitation to other members to craft the amendment to ensure the strongest protections for individual rights, the amendment was ruled not germane and an attempt to overturn that ruling failed 36-29.

Penny-a-pill amendment

Opioid overdose deaths have risen dramatically in recent years. Last year, there were 395 opioid overdose deaths in Minnesota, which is an 18% increase over the previous year. Senate DFL leaders have been trying to pass this bipartisan legislation this year, but drug companies and some Republicans opposed the “stewardship fee”, holding the legislation in committee.

In response, Senate DFLers offered an amendment to the omnibus finance bill to revive this important legislation. The penny a pill amendment establishes a drug manufacturer stewardship fee of one cent per unit of drug dispensed. The fee could raise over $20 million a year to fund a comprehensive prevention, treatment, and recovery effort that would help curb opioid abuse and save lives across Minnesota – getting help to thousands of people who need it now.

The amendment was withdrawn with assurances from the Republican leadership that they will have a bill next week to address this issue.

Protect Access to Contraception (PAC) Act

An amendment to protect no-cost birth control coverage in Minnesota was offered to the supplemental budget bill. The legislation was in direct response to federal legislation attempting to eliminating guaranteed birth control coverage under the Affordable Care Act (ACA). This important amendment would protect no-cost birth control coverage in Minnesota and guarantee the basic right of people in Minnesota to control their own bodies, plan their families, and access the birth control method that is right for them, regardless of cost and free of political interference. The amendment failed on a 33 to 33 vote.

Funding for MNLARS call centers

As a result of Republicans’ decision to block customer service improvements, hundreds of thousands of Minnesotans cannot get timely answers to their questions about MNLARS. Some people are waiting as long as six weeks for answers, according to the Department of Public Safety.

For the second time this session, Senator Susan Kent offered a plan for customer service improvements on the Senate floor, this time as an amendment to Republicans’ supplemental budget proposal.

Senator Kent speaks on the Senate Floor during the debate on the Omnibus Finance bill.

Sadly, Senate Republicans derailed the MNLARS call center funding amendment by adding a provision to the amendment that raided $1.9 million from the Metropolitan Council budget. The Metropolitan Council is responsible for handling our wastewater management, regional parks, affordable housing projects, and most recognizably—transit operations. This amendment highlights Republicans’ disdain for transit and their unwillingness to connect Minnesotans with the resources they need for getting their vehicle tabs renewed, doing vehicle title transactions, scheduling driver’s license exams, and more.

After this detrimental amendment was added to the MNLARS amendment, Senator Kent withdrew the provision.

OLA recommendation working group amendment

Senator Kent also offered an amendment to the supplemental budget bill to form a working group to find ways to align the funding and program requirements among early childhood programs that serve Minnesota’s youngest learners. Doing this could simplify the use of the programs for families and improve efficiency for program administrators that rely on multiple funding streams from the state. The working group would consist of House and Senate members and work with stakeholders from the Departments Education, Health and Human Services. The amendment failed on a 31 to 34 vote.

Academic Balance

An amendment to put the brakes on a Republican-led effort to limit the right to free speech in Minnesota classrooms was offered to the supplemental bill this week. The legislation is a result of a legal dispute in Edina Public Schools that generated significant media coverage.

Education Minnesota, the Minnesota School Boards Association, and the Association of Metropolitan School Districts all have said the Republican initiative is unnecessary and would chill free expression and discussion of ideas in classrooms. The amendment failed on vote of 31-34, with all Republican Senators voting against the amendment. The Rochester Post-Bulletin offered a scathing review of the effort, stating that, “This bill may be well-intentioned . . . but as public policy, it doesn’t make the grade”. The amendment failed by a vote of 31 to 34.

Net neutrality and internet privacy

Two amendments were offered to the supplemental finance bill heard this week in the Senate.

The first amendment was the internet privacy bill that passed almost unanimously in the Senate last year. The bill works to protect Minnesota consumers and their privacy by requiring internet service providers to receive express written approval from consumers in order to collect their data. The amendment was ruled not germane, and an appeal of that ruling failed on a 34-33 vote.

The second amendment was a bill that would establish net neutrality in the state, ensuring that Minnesotans would have equal access to the internet regardless of the content they were consuming and prohibiting companies from paying extra to ensure faster internet speeds for their products. The amendment was ruled not germane, and an appeal of that ruling failed on a 34-33 vote.

Amendments to protect employee rights

The supplemental budget includes several contentious anti-union provisions that allow the legislature to put conditions on and reject portions of collective bargaining agreements. An amendment was offered to prevent the legislature from rejecting health insurance provisions within collective bargaining agreements. Politicians have never been able to interject themselves into negotiations in the past and could upend the collective bargaining process that has consistently worked well. The state’s financial agency, Minnesota Management and Budget, has negotiated reasonable and fair contracts with public employee unions for years; allowing the legislature to reject specific components of employee compensation would create unnecessary complications. This amendment failed by a vote of 33 to 34.

Another amendment attempted to remove a new definition of ‘ratification’ for purposes of public employee labor agreements. The legislature has the authority to accept or reject contracts as a whole. The supplemental budget bill gives the legislature the ability to attach conditions upon ratification, which will make the process redundant and increase the chances of political game-playing. This amendment failed by a vote of 33 to 34.

IN COMMITTEE

Capital Investment

 Where's the 2018 bonding bill?

There are only three weeks left in the Legislative Session and Republican Senate and House leaders still haven’t released their bonding bill. It’s time to let Minnesotans know what their bonding priorities are. It’s time for Senate and House leadership to release their bonding bill in a transparent manner. It’s time to allow for a public discussion on this important legislation.

Governor Dayton released his $1.5 billion bonding bill months ago, which creates an estimated 22,950 jobs and funds 218 infrastructure projects across the state. His bonding bill includes important investments for education, transportation, and building maintenance. Much of this money is needed just to maintain what the state has already built.

Where’s the bonding bill? Needlessly delaying the release of the bonding bill not only does a disservice to the process but it could hurt the chance of any bill passing this year. Time is up, and Senate Republicans need to release the bonding bill.

Environment

Bill authorizing Enbridge pipeline heads to the Senate floor

The Senate Rules Committee forwarded a bill this week that exempts the Enbridge Energy’s Line 3 pipeline proposal from the Public Utilities Commission certificate of need and routing permitting process. 

The bill allows Enbridge Energy, at its sole discretion, the ability to construct, own and operate the pipeline and associated facilities along the route proposed in its applications. The bill specifically terminates proceedings of the Public Utilities Commission immediately upon enactment of the legislation.

Supporters argue that the current regulatory process is taking too long, and the pipeline project will create jobs and bring economic stability to the northern part of the state. They say public safety is an issue, and if the pipeline doesn’t get built, more trains will be brought through Minnesota, creating safety hazards.

Opponents say the bill takes the proposed project out of the state’s existing regulatory process and gives a green light to a specific, highly controversial crude oil pipeline. The pipeline could have significant environmental and tribal impacts. The Governor opposes the bill, and has said he will veto it if it reaches his desk.

The proposed Line 3 project has been moving through the state’s regulatory process for the last three years, and a final decision on whether it will go forward is expected this June. On April 12, the Star Tribune reported that Enbridge Energy, which has not participated in hearings on this bill, “didn’t request the legislation, doesn’t support it – and has said so to the Governor’s office.”

The bill is to be taken up next by the full Senate. (SF 3510)

HHS

Elder abuse prevention bill continues to advance, with improvements

Advocates are working hard to respond to legislation addressing elder abuse backed by Senate Republicans that is moving through the committee process. This legislation includes some of the provisions included in bipartisan legislation containing the recommendations from the independent work group on elder abuse convened by AARP; however, it lacks several of the elements that create the real and systemic changes needed and that allow seniors to actually enforce their rights in a meaningful way.

The bill was heard late last week in the Health and Human Services Committee. The authors of the AARP work group legislation were successful in amending the bill to include additional protections for seniors who are terminated from services in assisted living facilities, sometimes without enough time to arrange for alternative care, as well as increasing incentives for policymakers to implement licensure for assisted living facilities as soon as possible.

Assisted living facilities are not licensed in Minnesota. This bill would convene a task force to discuss the possibility of licensure and provide recommendations to the Legislature for next year. But seniors can’t wait for another year of discussion. The amended version now prohibits facilities from operating without a license after a certain date and implements a rulemaking process in case the Legislature fails to act on licensure next year, strengthen the likelihood that the end result will be licensure. The bill passed the committee as amended and has been referred to the Finance Committee.

As Minnesota is the only state that does not require licensure, it shouldn’t be a matter of if licensure is needed, it should be a matter of how it happens and how quickly it can be implemented. The bill backed by Senate Republicans makes some important progress, but advocates are vowing to keep pushing to make the bill better. Now is not the time to settle when the health and safety of seniors requires bold, systemic changes. (SF 3437)

State and Local

Controversial container preemption bill

A bill passed the Local Government Committee this week that would prevent cities and counties from regulating the type of take-out containers that are allowed in their communities. Municipalities would be prohibited from regulating, banning, or taxing containers. Imposing a fee or charge for their use, disposal, or sale is also prohibited in the bill.

The broad definition of “auxiliary containers” includes any product used to transport merchandise, food, or beverages purchased from a retailer. These containers include bags, cups, bottles, and other packaging, whether reusable or single-use, made of cloth, paper, plastic, foamed plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled materials or substrates, including coated, laminated, or multilayer substrates.

This bill would add the plastic bag preemption bill that was incorporated into the Omnibus Jobs and Economic Growth Bill last session. In particular, it would roll back ordinances passed by Minneapolis and St. Louis Park to prevent the use of materials such as Styrofoam or BPA plastics from food service take-out containers in their communities. The bill was opposed by the League of Minnesota Cities and Association of Minnesota Townships and is yet another example of the Republican majority opposing local control. (SF 3135)

Taxes

Wondering what’s going on with taxes? So are we.

Are you curious what the Legislature is doing to align Minnesota’s tax code with major federal changes? So are Senate DFLers. The Republican tax chair still hasn’t released a bill, with just three weeks left until the end of session. The House Republicans finally released a plan this week and dubbed it the “Freaky Fast Bill,” admitting that the Legislature needs to move incredibly quickly to come to an agreement without risking automatic tax increases for at least 300,000 taxpayers.

“Freaky fast” is no way to rewrite the state’s tax code. Governor Dayton’s plan to cut taxes for 2 million filers has been out for nearly six weeks, and lawmakers have known since late December that this is a looming challenge. It is frustrating and disappointing that once again, Republicans are running the state’s most important business down to the wire.