Welcome to week nine of the 2018 Minnesota Legislative Session. This week went by fast and was highlighted with a 12.5 hour Senate Floor Session on Thursday where we heard the Supplemental Finance Omnibus Bill. The Bill had many articles outlying those bills that had made their way through the various committees representing the one large Omnibus Bill. Lots of work went into the development of those articles and I touch base about some of those in this weeks newsletter. The timing is important because 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.
It took the Majority 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 funding and policy that will hurt Minnesotans. The Bill weakens collective bargaining rights, tells teachers what they can and can’t say in their classrooms, and cuts funding from crucial services. One of the services that didn’t receive full funding is the 7% bill that provides services to our most vulnerable citizens in Minnesota. We have a long way to go to right the wrong of the decision to place 55 million dollars of money that should go to services into the general fund. Please continue to let others know of our Minnesota Values to take care of our most vulnerable citizens. The Legislature has a lot of work to do to help build the state all Minnesotans deserve, and the current budget doesn’t get there. It stops short of thoughtful solutions to the collective challenges the state faces.
The Governor has placed a Tax budget in front of the public that shows where we can get a middle class tax cut, however, that same public has yet to see a plan to prevent a middle-class tax hike next spring by the majority. The same holds true with the capital investment bill, also known as the bonding bill. If it took 60 days to pass a first draft of a supplemental budget, it is hard to imagine that the public will have ample time to review and comment on the tax and bonding plans in less than 21 days. The timelines are tight and I hope we can get there.
I still believe there are a majority of us here in office that want to see a true bi partisan solution that is transparent and accountable. This bi partisan activity was achieved last night as I found transportation money to go towards the conversation of extending the North Star line to St. Cloud and did so with the partnership of Republican and Democratic Senators who saw this as a win win. I really enjoyed working collaboratively with Senators Newman, Abeler, Dibble and Relph to accomplish this. Matter of fact, there is no reason why all of us can’t find that same method to achieving success. I promise to continue to work in that manner and will encourage my colleagues to do the same. Enjoy your weekend.
Sincerely,
Senator John Hoffman
Senate District 36
Where’s the 2018 bonding bill?
There are only three weeks left in the Legislative Session and 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 reasoned, civil, and 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 running out this year and we need to get our infrastructure priorities funded.
Elder abuse prevention bill continues to advance, with improvements
Advocates are working hard to respond to legislation addressing elder abuse 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 a license, it shouldn’t be a matter of if a license is needed, it should be a matter of how it happens and how quickly it can be implemented. The bill 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)
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 several 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.
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.
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 the Senate Majority 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 Senate 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 Majority 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. The Senate Majoity has 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 Leadership does 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.
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 Senate Majority opposing local control. (SF 3135)
Wondering what’s going on with taxes? So do I.
Are you curious what the Legislature is doing to align Minnesota’s tax code with major federal changes? So am I. The tax chair still hasn’t released a bill, with just three weeks left until the end of session. The House Majority 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, the Majorities in House and Senate are running the state’s most important business down to the wire.
MN Sex Offender Program clarity
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)
Enbridge pipeline bill heads to 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)
Amendments to the Supplemental Finance Bill
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 in the Senate Majority 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 Senators have 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 Seante 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.
OLA recommendation working group amendment
An amendment was offered 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 an 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 initiative is unnecessary and would chill free expression and discussion of ideas in classrooms. The amendment failed on vote of 31-34, with every member of the Senate Majority 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.
Pam Riddle Tour
Pam Riddle of Champlin brought her daughter Andrea and son Nate to tour the Capitol. It is always a treat when families from Champlin, Coon Rapids and Brooklyn Park come to visit. I had a fun time walking around and showing them our Great Capitol.
Anna Liisa and Brycn Tour
Anna Liisa, and her son Brycn along with David came to visit and tour the Capitol on a busy Tuesday. I always make time to show off our Great Capitol. Great seeing you!
Youth First
Thank you students from Coon Rapids and Blaine for visiting me about the importance of Youth First Activities in mentoring and creating lifelong positive supports. I was impressed hearing your dreams of being Pediatricians, Lawyers and Social Workers.
Minnesota United Visit
Thank you Chris Wright, Maureen Smith and Bryant Pfeiffer from Minnesota United Soccer Team for talking with Tony Mendoza and Chad Kulas of the Midway Chamber. Great conversation about the importance of connecting to the surrounding businesses and residents in creating an inclusive and fun environment to celebrate soccer and the community. Looking forward to creating those wonderful moments and partnerships. Welcome to the Midway we are happy to have you.
Lifeworks from Brooklyn Park
Every Tuesday constituents from Brooklyn Park come to visit the capitol to talk about what services are important to them in order for them to achieve life skills and employment. These individuals are from LifeWorks and I look forward to seeing them every week and they remind me about the 7%. Great seeing you on Tuesdays.
St. Louis Park High School Visit
Senator Clausen and I paid a visit to St. Louis Park High School’s civics class, whose students sent letters to us regarding School Based Mental Health and wanting to know more about the process of how this bill came to be and how it travels in committee. Rather then writing a letter in response, we decided to pay the class a visit and share with them our education priorities and background. I enjoyed meeting and listening to the students talk about school.
If you have any questions or concerns feel free to call my office at 651-296-4154 or by e-mail at jhoffman@senate.mn