END OF SESSION UPDATE 2018
Last Sunday evening, the 2018 session came to an end after it reached its May 21 constitutional deadline. Although we addressed a lot of policy needs, much more was left undone, with a failure to make real change and appropriate funding for many of the state’s most pressing issues.
As always, legislators were tasked with addressing new and reoccurring issues. We didn’t know at this time last year that we would have the opportunity to make impactful changes to how our state protects its elders and vulnerable, and we didn’t know the United States Congress and Trump Administration would change the federal tax code. But, after many weeks and much debate, the legislative majority simply didn’t do enough to address those issues. The tax bill tilted heavily toward multinational corporations and the wealthy, while providing little new money for our strapped school districts. The majority loaded the Supplemental Budget bill with controversial policy that the Governor strongly opposed, including an elder abuse section that the industry wrote so it was missing pro-resident guidelines that would have enacted real protections for our elders against abuse and neglect.
Additionally, the legislature didn’t appropriately tackle the statewide need for emergency K-12 funding and didn’t pass meaningful opioid reforms or adequately place partial responsibility on the pharmaceutical industry for its part in the opioid epidemic. The most troubling circumstance was that Governor Dayton’s input was not included in a collaborative manner. On Wednesday, the Governor vetoed both the Tax Bill and Supplemental Budget Bill due to the high number of poison pills that remained in the bills.
Although the legislature passed a bonding bill this session, there were far too many projects left out that are crucial to the maintenance and enhancement of our state’s infrastructure. Old and worn-down infrastructure does not wait for legislators to decide when to fund projects. This “kicking the can down the road” approach puts lives at risk and makes projects more expensive when it inevitably comes time to fund them.
The legislature also failed to pass my legislation specifically aimed at separating dangerous people from guns. Despite 90% public support, including among gun owners, the majority leadership refused to even conduct a public hearing, let alone a vote, on closing the enormous background check loopholes and allowing for extreme risk protective orders to temporarily remove guns from people in crisis. Throwing money towards “school safety” and calling it enough won’t solve this horrific problem. These leaders can’t run or hide from their inexcusable inaction because this issue will persist until we truly take steps towards mitigating the plague that gun violence has become across our state and country. It is my strong belief that the voters will no longer tolerate these choices and will hold accountable those leaders who chose inaction.
In Case You Missed It
Minnesota Celebrates Statehood Day
Minnesota celebrated its 160th anniversary of becoming a state on May 11. The celebration provided an opportunity for those across the state to reflect upon Minnesota’s history.
Twitter Town Hall
On Wednesday, May 9, I held a Twitter Town Hall with Senator Jason Isaacson to continue the conversation on gun violence prevention. We responded to a variety of questions and concerns we received via Twitter from many individuals. While my colleagues and I pushed to pass gun legislation this session, the Senate majority unfortunately voted against holding discussion on any gun violence prevention item. Nonetheless, I will continue to push for further public discussion and plan to reintroduce these bills next year.
New University of Minnesota Regent
The House and Senate voted to elect Randy Simonson of Worthington to the University of Minnesota Board of Regents in a joint convention that took only one ballot. Simonson won on a vote of 103-86-1 with the majority of those votes coming from Republican lawmakers. Earlier in May, Simonson was not the recommended candidate by the joint House-Senate Higher Education committee. He will fill the vacant seat on the board that represents the First Congressional District.
Senator Latz addressing a bill in the Senate Chamber.
What Passed, What Didn’t Pass, What Received a Veto, and What May Receive a Veto
Capital Investment
The second half of the biennium generally produces a bonding bill in the state of Minnesota. In 2018, the legislature manufactured a bonding bill in the waning hours, but the bill still awaits the Governor’s signature. After the Governor proposed $1.5 billion in projects a number of months ago, the Republican controlled legislature passed a $825 million package. Included in the legislature’s bonding bill is nearly $500 million for roads and bridges, more than $300 million to fix or maintain state-owned lands and buildings, $210 million for the University of Minnesota and Minnesota State college system structures, $120 million for housing, and $120 million for sewer and water projects. Not included in the bill was any money for transit services, which serves Minnesotans who do not or are unable to drive.
Commerce
The Minnesota legislature this year failed to pass net neutrality and internet privacy protections. Although neither bills were given a public hearing this year from the majority party, I will continue to push both initiatives forward in the upcoming legislative session. It is of extreme importance to enact laws that protect personal data and disallow companies to unfairly provide unequal access to the internet.
Elections
In the $1.3 trillion federal spending bill that was approved in March, roughly $380 million in the Help America Vote Act election security funds were allocated to the Election Assistance Commission to provide grants to states. Minnesota was set to receive $6.6 million of that money, but required legislative approval in order to spend it over the next five years. After repeated requests from Secretary of State Steve Simon to tap into the $6.6 million in federal funds for election security improvements via a non-controversial, stand-alone bill, the majority legislature wrapped the provision into the poison-pill filled supplemental budget bill, which was vetoed on Wednesday by Governor Dayton. In a move that was unnecessary and certainly avoidable by the majority legislature puts our state at risk in 2018 without the additional funds.
Enbridge Pipeline
Fulfilling his promise to the public, Governor Dayton vetoed the majority-led legislature’s attempt to pass a bill that would have allowed Enbridge Energy to circumvent the state Public Utilities Commission (PUC) and replace its Line 3 crude oil pipeline that crosses northern Minnesota. The language would have enabled Enbridge to construct, own, and operate the pipeline and related facilities along the route proposed in its applications at its sole discretion. Additionally, the bill would have ended proceedings of the PUC directly after enactment of the legislation. Many environmental and tribal groups opposed this bill as they feared it would substantially impact the quality of surrounding water, land, and air. In contrast to the pro-environment groups, Republican lawmakers supported the bill because the process would take too long and stated the new Line 3 would stimulate northern Minnesota’s economy. Nonetheless, the commission is scheduled to vote next month on whether the project is necessary and if so, what route the line should take.
Disability Waiver Rate System
Instead of including it as a standalone, non-controversial bill, the majority-led legislature wrapped the Disability Waiver Rate System Provider Rates provision into the massive and controversial 990 page supplemental budget bill, which was vetoed on Wednesday. The DWRS Provider Rates language would have supplied a fix to rates paid to providers of services for people with disabilities. Years of work that focused on increasing provider rates were hindered when the federal government decided to not match Minnesota’s investments earlier this year. Because the federal government declined to uphold their end of the bargain, Minnesota was forced to step in and provide funding to maintain the increased rates once they were set to run out in July of this year. Unfortunately, many Minnesotans will face hardships because of the legislative majority’s political ploy. Instead of sending a standalone bill that the Governor promised he would sign, they included it as a bargaining chip in the massive 990 page spending bill.
Opioid Stewardship Fee
In a bipartisan vote, the Senate passed a bill by a count of 60-6 earlier this month that would have raised money to combat the opioid overdose epidemic. The Senate language included a charge to pharmaceutical companies, also known as a “penny-a-pill,” for every opioid painkiller sold. This initiative would have raised roughly $20 million for opioid abuse treatment, prevention, and assistance to county social services. Unfortunately, the bipartisan bill that would have held pharmaceutical companies partially responsible for the opioid epidemic stalled in the House after industry lobbyists placed immense pressure on the majority legislators.
Protecting Seniors and Vulnerable Adults
After media reports last year uncovered widespread abuse and neglect in assisted living facilities and nursing homes around the state, Governor Dayton requested AARP to assemble a working group to come up with solutions to the issue. Months later, the working group presented their recommendations in time for the beginning of the 2018 session. Simultaneously, the Office of the Legislative Auditor submitted a report and recommendations on how to improve the way Minnesota regulates long-term care facilities. Through these multiple reports, a bipartisan multi-pronged approach aimed toward mitigating provider neglect and abuse, strengthening and improving the system used to report abuse, and empowering seniors and their families was produced. Unfortunately, the majority-led legislature moved an amended version of the bill, which left out a number of its strongest protections recommended by consumer advocates. The final product, which was wrapped into the supplemental budget bill and vetoed by Governor Dayton on Wednesday, would have made it more difficult to place cameras in resident rooms, didn’t include language that would have ensured a senior’s right to enforce their rights in civil proceedings, maintained the status quo regarding arbitrary terminations from assisted living facilities, and would have given priority to the industry by allowing Minnesota to continue to be the only state that does not license assisted living facilities.
The Senate members and staff on the Senate Floor in the final minutes of session on late Sunday evening.
Gun Bills
Two bills that would have saved lives, the criminal background check bill and extreme risk protection orders bill, never received a single public hearing this legislative session. The majority-led Senate and majority-led House refused to hear any gun violence prevention bills in both jurisdictional committees and on the floor of both chambers. The first bill would have extended criminal background checks to most private sales, gun show markets, and online transactions within a permit to purchase system. Last month, the Star Tribune posted a poll that showed 9 out of 10 Minnesotans support criminal background checks on all private firearm purchases. Additionally, the extreme risk protection orders bill would have provided law enforcement the appropriate tools to step in and restrict a person’s access to guns if they posed a danger to self or others. Support is broad as well as deep, and crosses political, urban and rural, and gun owners and non-owner lines for these bills. It is an outrage that our legislature didn’t devote a single minute toward conversing about the issue of gun violence. Nonetheless, I will continue to pursue all avenues in effort to combat gun violence in our state.
Pensions
In March, the Senate unanimously passed the Omnibus Pension Bill, which then passed in the House on Sunday evening. Included in the bill is a shared-sacrifice approach to secure the long-term stability of public pensions. Active employees, employers, retirees, and the state are all part of the solution.
Ranked-Choice Voting (RCV) Prohibition
Earlier in session, the majority-led Senate proposed and moved a bill that would have prohibited cities, towns, counties, and school districts from implementing ranked-choice voting (RCV). This system of voting enables voters to choose additional candidates for an office if one candidate does not receive a majority on the first count. Cities like Minneapolis and St. Paul use RCV for citywide elections. Fortunately, the majority-led legislature’s attempt to preempt local governments from moving forward with this initiative stalled in committee.
Tax Bill
After vetoing a tax bill earlier in session, Governor Dayton on Wednesday vetoed the majority-led legislature’s second attempt at a tax bill. In a public statement, the Governor said he would veto the second bill if it mirrored the original bill and didn’t include new money for emergency school funding for districts across the state. Unfortunately, the majority-led legislature sent the Governor a nearly identical proposal without any new money for schools. Additionally, senators in the minority offered an amendment to the tax bill that would have collected taxes on profits that corporations have been storing overseas, which would then have been used for the $137 million in emergency funding for budgetary shortfalls. Instead, the majority-led legislature declined this amendment and passed their own version of a bill that was undoubtedly headed for an executive veto.
Because the legislature didn’t cohesively work with Governor Dayton, Minnesota will move forward without conforming to the new federal tax code. One might legitimately wonder why we even convened if the majorities were not going to bargain in good faith to pass legislation the Governor could sign. Instead of working toward a compromise for both sides, the majority-led legislature played pure politics, rather than serious policy making. Governing in a democracy requires a willingness to compromise and an understanding that making laws requires both legislative approval and an executive signature.
Hand Free Cell Phone Use
The legislature failed to pass a prohibition on the use of handheld cellular phones while driving, also known as “hands free” cell phone use, despite its strong statewide support. The bill would have disallowed the use of cell phones while driving, including in motion and at stoplights, except when the driver is using a hands free device. Minnesota would have joined 15 other states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands in this initiative to combat the number of accidents and deaths due to distracted driving.
Wild Rice Water Quality Standard
After previously vetoing a complete repeal of the water quality standard, Governor Dayton has yet to sign a more compromised bill that passed in the Minnesota legislature in the final hours on Sunday evening. The new bill would create a wild rice working group made up of a number of stakeholders such as tribes, scientific community members, the taconite industry, electrical utilities companies, and municipal dischargers. The working group is tasked with completing a report by next January on ways to protect and restore wild rice. Meanwhile, Minnesota’s Pollution Control Agency is prohibited from enforcing the 10 mg/l sulfate standard until a cost-effective treatment technology is available. However, establishing what qualifies as cost-effective treatment technology is a complicated process. This process would include an analysis of impacts to ratepayers and profitability, impacts to regional employment, availability of public funding for integration of new technology, and the impacts of disposal and energy costs connected to the treatment.
Senator Latz and session intern, Max Kent. Thank you, Max, for all your great and hard work!
Upcoming Events
Senator Latz in the News
Governor Dayton, Senator Ron Latz, and Rep. Melissa Hortman Gun Violence Press Conference
Press Conference Youtube Link: Sen. Latz 10:12 – 15:04
Sun Sailor: Sen. Latz and Gun Legislation
Thank you for your continued interest in the state legislature and our work serving Senate District 46. It has been a pleasure to serve another session. If you have any time-sensitive questions, comments, or concerns please call my office at 651-297-8065.
Regards,
Ron Latz