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Legislative News and Views - Rep. Ben Lien (DFL)

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Legislative Update - May 23, 2016

Monday, May 23, 2016

Greetings from the Floor,

Bills passed by the House in the final week of session were:

  • HF 1291: County attorney considered attorney for towns where violation occurs for purposes of court fines, penalties and forfeitures

  • HF 2841: MLCAT invested in state board of investment

  • HF 2844: Omnibus Game and Fish Bill

  • HF 3211: Advance deposit horse wagering authorized

  • HF 3333: Controlled substance schedules modified

  • SF 498: Body camera data classification, destruction and regulation

  • SF 1440: Modifications to the prescription monitoring program

  • SF 2713: Revenge porn civil cause of action created

  • SF 2802: Eyelash extension services regulated

  • SF 3018: Department of Agriculture Omnibus Policy Bill

  • SF 3368: Permit requirements for temporary use of right-of-ways

  • SF 1075: Organ donation notification on hunting and fishing licenses

  • SF 1372: LCC provision modifications; retirement plan coverage for part-time legislative employees

  • SF 1898: Building and construction contracts progress payments and retainages modifications

  • SF 2709: Technical changes to workforce development councils

  • SF 2733: Workplace accident and injury recovery program

  • SF 3175: Bullion product dealers regulation authorized

  • SF 3589: REAL ID implementation

  • HF 3208: Allowing blaze pink for hunting

  • HF 3209: Rules limiting use of lead shot prohibited

  • HF 3353: Voluntary standards for bee and bird friendly solar sites

  • HF 3548: Department of Transportation and Department of Human Services authority for regulations of transportation for elderly and disabled

  • SF 2857: Disability waiver rate system modified

  • SF 2881: Consumer-Directed Community Support budget methodology existing exception sunset extended

  • HF 2602: Private/non-public data use restricted to purposes authorized by law

  • SF 2603: Closed caption requirement on televisions in medical facilities

  • SF 2649: Damage to energy transmission or telecommunications equipment crime expanded

  • SF 2764: Hennepin County energy forward pricing holding period and expiration modifications authorized

  • SF 2815: Department of Corrections authorized to access data for research on effectiveness of employment programming for offenders

  • HF 3255: Ratification of contracts for higher education employees

  • HF 3584: Ratification of contracts for law enforcement and unclassified employees

  • HF 3585: Ratification of contracts for state employees

  • SF 2381: Omnibus Elections Bill

  • SF 2414: Omnibus Department of Human Services Policy Bill

  • SF 2665: Real estate appraiser fees, costs, and management companies regulation

  • SF 3481: Sentencing guidelines regulated for controlled substance crimes

  • SF 2378: Treatment for individuals with substance abuse disorders

  • SF 2759: Game and fish penalties modified

  • SF 3208: Child care legislative task force created

  • SF 3376: Sulfate effluent permit compliance provided

  • SF 2626: Ratification of contracts for higher education employees, law enforcement, unclassified employees and state employees

  • SF 588: Omnibus Pension Bill

  • SF 877: Process modified for utilities to cross railroad right-of-ways

The Omnibus Tax Bill was passed on Sunday.  This was the Tax Bill held over from last year, with some new provisions added by the Senate.  I thought there was much to like in this Tax Bill.  In particular, our Border City Enterprise and Development Zone program was funded at $3 million for the remainder of the biennium.  We were working for a continuing appropriation of $1 million each biennium; however, the Tax Conference Committee really had to be careful of the ongoing tax expenditures in the years beyond the current biennium. The result was a larger one-time appropriation to help the five communities included in the program.  Other provisions of the bill I appreciated were:

  • An exemption of $100,000 on commercial/industrial property value subject to the state-wide property tax levy

  • A 40% credit on the school building bond portion of agricultural properties

  • Conformity with the federal tax code including provisions related to the Mortgage Interest Deduction

  • Expansion of the Working Family Credit to both lower and higher income levels

  • Child and dependent care tax credits

  • Student loan tax credits

  • $20 million increase to Local Government Aid and $10 million increase to County Program Aid

  • Repeal of the automatic annual increase in tobacco taxes (this was a controversial provision within my caucus; however, I see it will be good for border city gas stations and convenience stores)

The Supplemental Budget Bill was passed on Sunday.  The bill was a total of $167 in new spending for the remainder of the biennium.  I didn’t vote for the bill as I thought we should have done more for workers at long-term care organizations who provide direct support for people with physical and developmental disabilities.  There was no new funding for these folks this biennium.  Also, I would have liked to have seen more funding for higher education in the supplemental bill.  Gov. Dayton called for $76.25 million in new higher education investments, while the Senate proposed $47.69.  The final bill included $5 million for higher education.  Some other provisions of the Supplemental Budget Bill were:

  • $25 million for school-based voluntary pre-Kindergarten

  • $35 million for equity disparities targeting youth programs, women’s economic opportunities and minority communities

  • $35 million for broadband development in fiscal year 2017

Some high profile issues that didn’t get resolution in the final week of session were REAL ID implementation, the Capital Investment Bill and transportation.  REAL ID was held up after passing off the House floor over the matter of undocumented immigrants being able to receive driver’s licenses.  This is an issue that divides my caucus and I feel we should be putting resources toward helping people obtain citizenship before we begin issuing driver’s licenses for them.  I know ultimately immigration is a federal issue; however, many legislators feel that state’s need to take some action in the absence of federal reform.  I think it is an issue that should be addressed separate from the REAL ID matter as well.

The House passed the Capital Investment Bill, with $34.5 million for the Moorhead grade separation at the 20/21 Street location, at about 11:45 on Sunday night.  A compromise bill was worked out between the Governor, House and Senate before it was brought to the House floor.  Many people were very upset over the fact that we had about 15 minutes to review the bill before debating and voting on it.  I agree it was terrible process, but a bill I supported in the end.  The House passed the bill and sent it to the Senate where a provision for light-rail was included (I’m hearing that the amendment brought by the Senate was part of the agreement; however, it was not included in the House bill – I don’t know the reason it wasn’t included in the House bill).  This changed the make-up of the bill and, after the Senate passed it, resulted in no time left in the session for the House to consider the bill as passed by the Senate.  The end result is that no Capital Investment bill was passed.  This is again incredibly frustrating and I think highlights the fact that legislative reforms need to be taken up to improve transparency and the overall legislative process.  I don’t know if Gov. Dayton will call a Special Session to address a Capital Investment bill later this year (REAL ID may also be taken up if there is a Special Session).

$300 million in cash was included for transportation in the Capital Investment Bill.  This would have been one-time money, combined with some Trunk Highway Bonds to total $430 million for transportation investments this year.  We missed the mark on transportation again this year and didn’t achieve what we need to do for real comprehensive, long-term transportation investments.  We need to take a hard look at this issue for the 2017 legislative session.  We can no longer kick the can down the road on transportation.  This is two years now where everyone said it needs to be a top priority, yet nothing was accomplished.  I do think everyone acknowledges that it’s going to take new revenue as increased tab fees, instead of a gas tax increases, began to become a part of transportation plans supported by the governor, as well as House and Senate Majorities.  I would prefer a gas tax as Greater Minnesota receives more from a gas tax than what we pay in; also, I think increased tab fees would be too big of an immediate hit on people’s household budgets.  I think a gas tax increase would be absorbed into families’ budgets easier over instead of a big, one-time expense that increased tab fees would be.  I’m certainly open to discussion on this issue and welcome feedback from folks.

We now enter campaign season for the Legislature and I’ll be out knocking on doors and meeting people this summer and fall.  I encourage folks to continue reaching out to me at any time with thoughts or if there’s ever anything I can do for you.

Thank You for the Opportunity to Serve,

Ben