Greetings from the Floor,
We continued work on the House budget bills this week with the Transportation Finance and Public Safety Finance Bills on Monday. The Transportation Finance Bill includes the following major provisions:
- five cent annual gas tax increase over the next four years (20 cents total)
- $21.3 million for small cities transportation funding (cities under 5,000)
- $169.9 million for county highways
- $52.7 million for municipal streets
- $14.3 million for township roads and bridges
- $258.3 million for metro area transit
- $22.7 million for Greater Minnesota transit
- additional funding for Safe Routes to School
- continues base funding for Corridors of Commerce
- driver’s licenses for undocumented immigrants
The Public Safety Finance Bill includes the following provisions:
- $56.9 million for correctional officer support and safety
- criminal justice reforms:
- new guidance and caps on probation sentences
- creation of an asset forfeiture task force
- limiting cash bail for people charged with misdemeanors other than domestic assault and certain driving while impaired violations
- abolish life without release sentences for minors
- sexual harassment law reforms
- establishment of a Cannabis Task Force to review cannabis regulation
- criminal background checks for all firearm sales and a “red flag” law
- My main concern about the firearm provisions was that concealed carry permits would not be eligible as permits to purchase for private party sales. I successfully offered an amendment to allow current law to continue that concealed carry permits are eligible as permits to purchase for all firearm sales, either through private party sales or sales with FFL dealers.
I’ve received several communications about the firearm provisions in the Public Safety Finance Bill. These provisions don’t create a firearm registration, and law abiding firearm owners will be able to continue exercising their 2nd Amendment rights if these provisions become law. The criminal background check language would mandate people obtain either a permit to purchase or concealed carry permit, after my amendment prevailed, before purchasing firearms. I think it’s important that people pass background checks before purchasing firearms, and I appreciate that the onus of the background check would be on the person purchasing the firearm rather than the entity selling the firearm.
The “red flag” provisions establish a process for law enforcement officials to petition a judge to temporarily confiscate firearms from someone who may be a threat to themselves or others. If a judge decides the person is not a threat, there would not be any action taken. I think of this as a way to protect people from suicide more than anything else, and unless credible evidence exists (law enforcement would have to include an affidavit under oath stating specific facts and circumstances to form the basis that a threat is credible) no action would be taken. I’ve heard the concerns about raids in the middle of the night to confiscate people’s firearms, and allegations made by neighbors or others in the community against someone they don’t like. This is a very serious matter, and I trust law enforcement that police chiefs and sheriffs are not going to put officers and deputies in danger based on loose accusations that someone poses a threat.
People have also been asking me about amendments to the firearm provisions and my votes. Here is a summary of amendments on which I voted “No”:
- not requiring people to obtain permits to carry concealed firearms
- it’s important for background checks to be done to ensure people carrying concealed firearms are indeed law abiding citizens, and have not committed crimes of violence or have histories of mental illness, and for people to take the required firearm safety classes
- allowing concealed carry permits to never expire
- I voted “no” for the same reason as above
- two separate amendments to institute the “Castle Doctrine” in Minnesota and not require permits to purchase when taking someone’s life is justified
- These amendments are not necessary as Minnesota law already justifies taking someone’s life when threatened by death or great bodily harm. This was the case when an off-duty police officer shot and killed a man stabbing people at a St. Cloud shopping mall in 2016.
- delete the requirement for background checks on all firearm sales, and create a felony for those who possess firearms but are ineligible because of violent criminal or mental illness histories
- This amendment was ruled out of order as any new felonies add costs to the state budget and would violate the House budget resolution. I would have voted “No” as it’s important for people to undergo background checks before purchasing firearms. I don’t have much concern about what types of firearms people own so long as successful background checks are completed.
- modify declaration statement in current law that the Legislature does not intend to regulate firearm sales. The declaration language in current law only applies to firearms, and not the sale of firearms.
- I voted “no” for the same reason as my vote on the previous amendment
- increase penalties for ineligible possession of firearms, including creating new felonies
- This amendment was also ruled out of order as new felonies add costs to the state budget and would violate the House budget resolution. Otherwise, I agree with the intent of these policies.
Amendments were also offered to the bill for the Department of Public Safety to report to the Legislature on permits to purchase, people not eligible to possess firearms who are convicted of possessing firearms, and whether people convicted of crimes have ever been convicted of crimes involving firearms. These amendments were all adopted, and I voted “Yes”.
On Tuesday, we worked on the Higher Education, Environment and Natural Resources, and State Government Finance Bills. These were the final major budget bills we had to pass for the next biennium. The Higher Education Bill funds tuition freezes at the Minnesota State and University of Minnesota systems, appropriates $34.5 million for the State Grant program ($20 million is existing money from last fiscal year the Office of Higher Education has not spent on State Grant awards), addresses mental health support on campuses, and creates grants, scholarships and student loan forgiveness for teachers of color and education students in areas of the state experiencing teacher shortages.
The Environment and Natural Resource Finance Bill provides resources to address:
- Emerald Ash Borer
- Chronic Wasting Disease
- Aquatic Invasive Species
- pollinators
The bill also bans carcinogenic flame retardant chemicals in consumer products.
The State Government Finance Bill funds the Legislature, the Constitutional Offices (governor, secretary of state, attorney general and state auditor), the Department of Administration, the Department of Revenue, MN.IT (the state’s IT department), Minnesota Management and Budget, and the Campaign Finance Board. The bill also includes:
- allowance for the state to use $6.5 million in federal money for election security
- automatic voter registration
- National Popular Vote
- allowance for local governments to use Ranked Choice Voting
- restoration of voting rights to felons who have completed prison sentences
- full funding for the Departments of Veteran Affairs and Military Affairs
- full funding for senior veterans’ nursing homes
- full funding for C.O.R.E. (veterans mental health services)
- full funding for County Veterans Service Officers
- full funding for Veterans Service Organizations
On Wednesday, the House passed the Agriculture Policy Bill and the Legislative Citizen Commission on Minnesota Resources (LCCMR) Bill. The most notable provision of the Agriculture Policy Bill is the elimination of state preemption for cities of the first class to regulate pesticides. These cities would have to enter into agreements with the Department of Agriculture to regulate pesticides at the city level.
The LCCMR bill is the appropriation of money from the state lottery created by voters in 1988. These dollars are used for clean water, habitat restoration, clean air and energy, and parks and trails projects around the state. The bill also includes money for Aquatic Invasive Species research.
Bills passed off the House floor on Thursday were the technical elections bill to clean up existing election law, and the Legacy Bill. The Legacy Bill uses sales tax money approved by Minnesota voters in 2008 to fund conservation, clean water, parks and trails, and arts and cultural heritage projects around the state. Recommendations for project funding come to the Legislature from citizen councils on conservation, clean water, and parks and trails projects. Funding for arts and cultural heritage projects goes to the State Arts Board and Minnesota Historical Society for distribution to Minnesotans as project grants.
Conference committees between the House and Senate on the major budget bills begin today. I was named to the Higher Education Conference Committee, and am very appreciative of this opportunity. The Senate budget target for higher education is $66 million, compared to the House target of $305 million. House and Senate leadership are going to meet over the weekend to work on joint House and Senate budget targets, which will be announced by Tuesday. These are the numbers that will serve as the framework for budget conference committees to work, and become the state budget for the next biennium.
Thank You for the Opportunity to Serve,
Ben