CAPITOL UPDATE: SESSION 2020 PREVIEW
As we enter the 2020 legislative session, there is much to accomplish before the end of May that could improve the lives of many in Minnesota. It is the second year of the 2019-2020 biennium and I expect the legislature will turn its focus toward policy issues and passing a long-term public works borrowing bill, also known as a bonding bill. Last year, we passed a budget that resulted in compromise on both sides. We further funded our schools, our healthcare programs, and our correctional facilities, among many other important issues. But, much was regrettably left out as well.
In an election year and with a divided legislature, I expect little will come from this legislative session. The legislature is not obligated to pass anything in the back half of the biennium as we already passed a two-year budget last session. It’s unfortunate that the two sides may come out with nothing considering the long list of issues that we need to address. I will be working hard to build coalitions across race, place, and faith as we ensure all Minnesotans have the care that they need, a bright energy future and healthy climate, safe communities and a fair justice system, connected communities, the opportunity to achieve their dreams, and the time to care for themselves and their loved ones.
In my first session newsletter, I will outline a number of issues that many of you will read about in the news in the coming months. There will be many more issues that I will not cover in this update, although they are as equally as important. I look forward to another session representing the folks of Golden Valley, Hopkins, Medicine Lake, Plymouth, and St. Louis Park. It is truly an honor.
Budget
After a November forecast showed receipts of roughly $1.3 billion over the budget from last session, talks of a large surplus quickly eroded after experts took into consideration inflation and the future of Minnesota’s economy. It is my understanding that much of this money is not available for ongoing spending and if spent, would be used for one-time purposes. That money would need to be cautiously distributed while we consider those in Minnesota who need it most.
Gun Violence Prevention
My top priority this year is gun violence prevention. The Senate Judiciary and Public Safety Finance and Policy Committee, of which I am the minority lead for the DFL, held a hearing in Hibbing last month on six gun proposals, including my bills for Expanded Background Checks and Emergency Risk Protection (“red flag”) Orders. This contrasted the Republican proposals for Permitless Carry and Stand Your Ground legislation. Permitless carry (which would do away with both background screening for ineligibility and with training requirements in order to carry firearms in public, among other infirmities), and stand your ground laws (which would do away with the duty to retreat and authorize lethal force for defense of another anywhere if they face risk of substantial bodily harm, like a broken finger) have been shown in other states to actually reduce safety and increase legal and illegal gun use – they aren’t a real answer to this country’s gun violence epidemic. Unfortunately, there were no votes taken on my bills and the majority in the Senate chose not to include public testimony other than scheduled testifiers. I am committed to getting extended background checks and emergency risk protection orders across the finish line. These are sensible, proven-to-work gun violence prevention bills that will keep Minnesotans safe.
Senator Latz, middle left, was joined by Ramsey County Attorney John Choi, other Senators and gun violence prevention supporters at a press conference in December.
Bonding
Minnesota has a rich history of passing bonding bills, which requires a super-majority, and thus, a bipartisan vote in the Senate. These bonding bills create good-paying jobs throughout the state and boost both local and state economies. While the Senate and House are yet to produce their bonding project proposal for 2020 and beyond, Governor Tim Walz and Lt. Governor Peggy Flanagan proposed investing more than $2 billion in community infrastructure projects. Because the Walz administration recognizes the importance of balancing the needs of our state, a large and near equal percentage of the proposed projects fall in Greater Minnesota and the Twin Cities area, with a majority of the projects having an impact statewide. I applaud their efforts to assist communities across the entire state as they invest in what is most important to them.
Insulin
As we’ve seen the cost of insulin balloon in the past ten years and pharmaceutical companies collect more cash, Minnesotans with diabetes have been forced to make life-altering decisions like rationing or foregoing their insulin intake altogether. It is my shared belief that no one person should be forced to ration or go without a drug – like insulin – that is necessary for their survival. I joined some of my Senate colleagues, the House, and the Governor in supporting a bill that would take the best from both the DFL and Republican proposals from last session that would increase access to affordable insulin and hold Big Pharma accountable. Unfortunately, there are some who have chosen to support these companies over diabetics and their families. I am optimistic that we can find a compromise and pass a bill this session so diabetics can receive the insulin that they need to survive.
Senator Ron Latz, left, was joined by First Lady Gwen Walz at a Moms Demand Action rally last session.
Conversion Therapy
After the House passed the conversion therapy ban last year, a process that is extremely harmful and unethical for LGBTQ Minnesotans, the Senate majority refused to even hear the bill. I will renew my efforts, along with many of my Senate colleagues, to reject this long-lasting and damaging practice that proponents term as “reparative” therapy, “ex-gay” therapy, or sexual orientation change efforts, which includes a range of dangerous and discredited practices aimed at changing a person’s sexual orientation or gender identity or expression. I am encouraged that the Minneapolis City Council addressed this practice and banned it within the city. However, many LGBTQ Minnesotans who reside in other cities still face the risk of being forced into this harmful practice.
Public Safety: What passed, didn’t pass, may pass, and won’t pass
The Senate spent time last session discussing criminal sexual conduct lawsand included funding for a working group to look at the state’s criminal sexual conduct laws, with a report due in January of 2021. We also worked through the Attorney General’s report from the sexual assault task force. Recommendations from the task force included law enforcement adopting sexual assault policies, a model sexual assault policy for the POST Board, and others. Many of the recommendations from the AG Task Force have been introduced as legislation. It remains to be seen whether there will any effort to promote them this year or whether we will wait until the working group’s recommendations come back next year.
The Judiciary Committee will need to take a second look at the state’s revenge porn law, which the appeals court recently invalidated. The harassment crime will similarly need to be revisited. There is consensus on the need for both, but they are tough to draft to comport with the Constitution.
One of the most promising criminal justice reform changes expected this year is the implementation of the Sentencing Guidelines Commission’s proposal for a presumptive five-year cap on probation sentences. Recommendations from the Commission go into effect on August 1, unless the legislature otherwise acts on them. While Senate Republicans have said they have concerns with the proposal, it is unlikely the House will take action to stop them so we should see the presumptive cap in effect this summer.
Last year, the House included language in its Omnibus Public Safety bill to reform the cash bail system and to allow for parole for juveniles sentenced to life imprisonment after serving 25 years. These were stripped out of the bill during the conference committee process, but I am working to see them included in a policy bill this session.
On the horizon this session is a change to the state’s civil forfeiture laws. A bill that would require a forfeiture action to be brought at the same time as a criminal charge and require a conviction before a forfeiture is carried out was heard in both the House and Senate last session, but got caught up in the end of session traffic jam and didn’t make it to final passage. The bipartisan bill will likely come back this session, and without a budget to pass, stands a better chance of making it to the governor.
I am also working on a number of changes to DWI Ignition Interlock law. The DWI Task Force proposal would, for interlock participants, eliminate special series (“whiskey”) plates, eliminate the requirement for a SR22 insurance form unless there is a history of insurance violations, eliminate limited licenses, and, for all drivers, eliminate the written test. We will likely also look at the interlock forfeiture provisions based upon our experience since my provision became law last year.
There is a bipartisan proposal to mandate best practices for the use of double-blind eyewitness identification procedures being promoted by the Innocence Project. This was my bill last year and this year I am teaming up with Senator Bill Ingebrigtsen (R – Alexandria) as chief author to pass it. This may be its year.
The Governor is pushing for reform to the Pardon Board to allow for the Governor and one other member to grant pardons, rather than requiring unanimous agreement of the three members. They are also promoting expanded use of this underutilized tool, and possibly of doing an automatic expungementof records for pardons granted.
Criminal justice reform has become a topic of strong interest, with more and more of the public acknowledging that current “tough on crime” stances simply aren’t the most effective way to prevent crime. I’m working on forming a bipartisan, bicameral working group on justice reform to look at where Minnesota stands, what other states are doing, and what we as a legislature can be doing to ensure our system focuses on rehabilitation and reducing recidivism, as well as ensuring fair treatment for those that come in contact with the criminal justice system.
There’s a lot of work to be done this session. The House passed a number of criminal justice reform bills last session that the Senate refused to hear, which means issues such as reforming solitary confinement, cash bail, life sentences for juveniles, and others are still on the table. The public is taking a real interest in criminal justice reform right now, and that may help some of these issues get through the process and to the Governor’s desk.
Senator Latz, left, alongside Attorney General Keith Ellison, middle, thanked a Hmong veteran for his service to our country.
Tobacco-21
A growing number of cities and counties across the state, 56 to be exact, have already raised the legal age to purchase tobacco products to 21. Unfortunately, the bill to raise the legal age to 21 statewide failed to pass the Legislature last year. This year, the decision is no longer up to the Minnesota Legislature after Congress passed a law raising the age to 21 nationwide. Nonetheless, the state can still expand on the federal law if it chooses to do so, such as limiting criminal penalties for minors and banning flavored tobacco.
Education Achievement Gap
Minnesota has one of the widest achievement gaps in the country. Some school advocates use this disparity as a reason to support school choice such as vouchers. I oppose vouchers. As a strong supporter of our public schools, we must provide options that work to retain quality teachers and encourage more to join the teaching profession, not divert money away from the schools who need our support now more than ever. Actions that I support to close the achievement gap include, but are not limited to: providing stipends to teachers for fees; bettering teacher prep programs and the expansion of Teachers of Color initiatives; teacher licensure and Professional Educator Licensing and Standards Board reforms; professional development for special education paraprofessionals to ensure all students have properly qualified teachers and staff in classrooms; and discussions on potential policies and funding that could set the stage for 2020.
Cannabis Legalization
The support for legalizing recreational marijuana use for adults continues to grow in Minnesota. I am not averse to legalization, but I believe we need to approach the matter carefully. The legislature must find a regulatory structure that will work for Minnesota, which will most likely take time and much thought in order to be done well. The Senate Judiciary and Public Safety Committee heard a bill last session that included a structure for production, taxation, regulation of sales, and the expungement of records for those with a nonviolent criminal history related to marginal amounts of cannabis. Unfortunately, the majority of the committee expressed concerns that there is simply not enough information on the long-term effects of marijuana, despite rejecting an amendment that would have created a task force to investigate the long-term effects. The final vote tally was 6-3 in favor of killing the bill. I voted to support both the regulation bill and then the amendment that would have created a task force.
The House and Senate have been part of working groups over the interim to develop legislation that would provide a comprehensive framework for adult-use cannabis legalization. That legislation is expected to be introduced near the beginning of session, although it is unlikely that the bill will move forward this year. Legislation that would add the use of the cannabis flower to the state’s medical cannabis program, as well as moving cannabis from a schedule one to a schedule two controlled substance, is also expected.
Senator Latz, middle at podium, addressed reporters at a press conference last session.
Environment and Energy
At a time when environmental challenges abound – pollinator decline, invasive species, safe drinking water, and much more – the 2019 Legislature was unable to get much of the environmental agenda enacted. Senate Republicans began negotiations by proposing a $57 million cut to the environmental budget. The DFL succeeded in preventing the damaging cut, but many other items were left undone, including a TCE ban, a salt applicator certification program, and renewal of the Legislative Water Commission. Overall, with a divided Legislature, Senate Republicans will likely work again to block critical environmental priorities in 2020.
At a time when our state needs its leaders to come forward with bold and urgent action as we look to transition to clean energy, Governor Walz proposed an ambitious climate change agenda that he plans on pursuing in 2020 and beyond. I support the Governor in his efforts. The Governor’s agenda includes:
- 100% Clean Energy by 2050: requiring electric utilities to use only carbon-free energy resources by 2050, while allowing each utility flexibility in how and at what pace they meet the standard. It includes provisions to help workers and communities affected by the transition, while prioritizing local jobs and prevailing wages for large, new clean energy projects.
- Clean Energy First: requiring utilities, when proposing to replace or add new power generation, to prioritize energy efficiency and clean energy over fossil fuels. This strengthens an existing preference for renewable energy and allows for fossil fuel-based power only if needed for reliable, affordable electricity.
- Energy Optimization: raising the state’s energy efficiency standard for investor-owned utilities and expanding the state’s Conservation Improvement Program (CIP), which helps households and businesses save on utility bills through more efficient energy use.
In December of 2019, the Senate DFL Caucus formed the Clean Energy and Climate Caucus to focus on developing clean energy in Minnesota and fighting the effects of climate change. The new Caucus represents districts across Minnesota and will provide a platform for DFLers to work together on clean energy and climate issues. I am proud to be a member of this caucus.
January 2020 Town Hall
Senator Latz in the News
Star Tribune: Clash over Minnesota gun laws kicks off in Hibbing
KSTP: State lawmakers visit Hibbing to discuss Minnesota gun laws
Sen. Ron Latz Hibbing Hearing Press Conference
Sun Sailor: Senate District 46 legislators preview upcoming session
Thank you for your continued interest in the state legislature and our work serving Senate District 46. If you have any time-sensitive questions, comments, or concerns please call my office at 651-297-8065.
Regards,
Ron Latz