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As Legislature enters final days, one policy option seems more likely: Doing nothing

MinnPost photo by Peter Callaghan
Speaker Kurt Daudt presided over debate in the House late Friday afternoon.

As it turns out, failure might be an option.

It’s not just bills for which there was no agreement that are falling away in the last days of Legislature 2018. Gun safety bills such as universal background checks lacked majority support from the day they were introduced. So too for the measures to require hands-free devices for cell phone use in cars.

But also going away are issues that seemed to have broad agreement — at least when they were general concepts and not black and white legislation. Responding to the abuse of opioids and the overdoses that are too common; making changes to the state income tax to have it conform with last year’s changes to the federal code; a bonding bill to pay for repairs to existing buildings and infrastructure and to build new; coming up with ways to police elder care centers following a scandal of abuse.

All were given good chances. All are fizzling in the last hours, taken down by details or by linkage to other issues that have far less consensus.

That bonding bill? While Dayton wanted $1.5 billion worth of projects, House and Senate Republicans preferred to spend $825 million instead. That meant projects that some wanted did not make it into the final plans.

Yet in the House, enough Democrats supported the bill to give it the supermajority it needed to pass. Minneapolis DFLers Karen Clark and Susan Allen voted yes because it contained $5 million to improve the American Indian Center in Minneapolis.

The Senate version, however, faced a unified Democratic minority. None voted for the bill and it died.

It could live again. It is an election year, as Senate Minority Leader Tom Bakk, DFL-Cook, pointed out. And with all House seats on the ballot, and with the fact that lawmakers do like to list popular local projects on their campaign brochures, there are incentives.

That said, senators are safely in the midst of their four-year terms and have no brochures in sight.

And that tax bill? Absent a change in the state code, Minnesota taxpayers will pay a lot more because the state code no longer meshes with the federal code. Everybody wants to hold most taxpayers harmless and both Dayton and legislative Republicans want to give some cuts to some taxpayers. But they haven’t agreed which taxpayers, and Dayton thinks the GOP bill helps the wealthy and corporations more than lower income people. The GOP takes issue with that, saying that nearly every taxpayer will pay the same or less under their plan.

Regardless of those differences, Dayton vetoed the tax bill for other reasons — that the GOP has yet to deliver $139 million to send to the state’s school districts, some of which are having budget woes.

As of Friday afternoon, Republican leaders were softening a bit, saying they are looking for some ways to send some districts some money. But they haven’t been much into making across-the-board increases, whether districts are in need or not.

The Friday morning shooting at a high school in Santa Fe, Texas gave new impetus to pending measures to help “harden” school buildings against bullets. By happenstance, GOP legislators stood with a manufacturer of ballistic glass who demonstrated its effectiveness. They then used it to say that they want to get money to districts for these types of improvements.

By day’s end Friday, GOP leaders and Dayton seemed close to an agreement to send such a bill to Dayton as stand-alone legislation.

“If nothing else happens this session, I want to make sure the school safety legislation gets signed into law,” said House Speaker Kurt Daudt, R-Crown. He then quickly recognized how that sounded, given the general pessimism of the mood.

“Now don’t read into what I just said that I think nothing else is going to. But it’s my way of saying this is our No. 1 priority,” Daudt said.

Dayton agreed that there is agreement on that issue. But he then tied it to his gun safety bills — universal background checks for purchases and a way of “red flagging” people who shouldn’t be allowed to acquire guns. Those are unpopular in the GOP-controlled Legislature.

MinnPost photo by Peter Callaghan
Jorge Esparza, a student at Sibley High, called on the Legislature to take action on gun safety bills.

“It’s one thing to prevent someone coming into a school, which is vitally important,” Dayton said. “It’s another thing to prevent them from getting their hands on a gun when they shouldn’t have it.”

Happy with nothing?

One secret to negotiations is to convince the other side that you don’t really want anything. Dayton certainly wants the emergency school funding and tied it to the tax conformity bill. But he keeps repeating that he can live without that bill, leaving it to the next governor and the next Legislature to hustle into session in January and try to fix it quick.

For his part, Senate Majority Leader Paul Gazelka, R-Nisswa, has said the same about the tax bill. That is, Dayton’s linkage to the school funding issue might not be that powerful. Gazelka, however, remains the optimist among the political leadership of the state, saying again Friday he thinks things can work out.

Not even Gazelka can stop the clock. Midnight Sunday is the last point that a bill can be adopted. And Dayton says no special session to finish what isn’t finished by then.

“It’s like making sausage,” he said. “You just have to move it all together and figure it out in the end. I think some things will drop off, but I’m not going to comment about what that is at this point.”

Opening days of the election

The closing days of the 2018 Legislature, like any even-year session, becomes  the opening days of the 2018 election. Dayton raised that spector when he said the House Republicans will have a hard time explaining the session’s failures.

“They have to go back to their constituents and show how they’re qualified to run state government,” Dayton said. “They have the majorities of both the House and Senate. How can they not get their work done in time?”

Bakk took some glee in describing the House Republicans’ election dilemma: “What are they gonna tell their voters? Send me back so I can do nothing again?”

Dayton, also not  on the ballot this year, plays some role in end-of-session time crunches. Yes, the Legislature has yet to deliver a supplemental budget measure and it hasn’t reached a deal with Democrats on the bonding bill. But that hasn’t stopped the governor from delivering a list of problems he has with the budget — 116 of them.

Gazelka said they are working through each of them and had actually accomplished that on 24.

But then it was Daudt’s turn to search for silver linings.

“One hundred and sixteen is less than usual,” he quipped. “So we’re doing good. We’re making progress.”

Comments (6)

  1. Submitted by Bill Lindeke on 05/19/2018 - 12:25 pm.


    is it a real safety measure or simply security theater?

  2. Submitted by Frank Phelan on 05/19/2018 - 12:46 pm.

    Bakk’s Calulation

    Bakk wonders how the GOP legislators can go to their voters and say, “Send me back so I can do nothing again.”

    A lot of us have been wondering about that for most of this decade. Thus far, it’s seems that citizens in GOP districts are OK with broken promises about getting their deteriorating roads, bridges, water treatment plants, and internet access updated, as long as they can stick it to those uppity urban folk that pay the taxes that run this state. Apparently, for many, doing nothing is OK as long as the libruls in MPLS can’t ban plastic bags.

    What Bakk may consider is things that are in his control. Like, maybe he and his ilk could barnstorm the state, stopping in rural hamlets for photo ops in front of roads that have returned to gravel and obsolete sewage plants. Or talk to business owners, uh, make that job creators, who are hamstrung by slow internet speeds. And by all means, please call them job creators. This would not be rocket science. “Rep. Schlobotnik has done nothing to fix your roads during his 6 terms. Pull the lever for Candidate X here, and we’ll get you some fresh asphalt. Everyone will be happy except the auto repair shops!”

    • Submitted by Tom Anderson on 05/20/2018 - 12:03 am.


      GOP legislators could honestly say that they passed bills that lowered taxes, provided money for roads, increased school safety, etc. but the bills were vetoed by the Governor and the DFL legislators also voted against those things. The DFL would be the “party of no”. As for this fall, pointing out what happened now will be the key for both parties. “We would have voted for those things but we weren’t spending enough money” could well be a winning ticket.

    • Submitted by John Appelen on 05/20/2018 - 06:59 am.

      Sorry to raise this correction again, but I am pretty sure it is the well to do folks in the burbs who pay most of the taxes in the state… Not the “Liberals in MPLS” or the Conservatives in the country. And Lord knows those voting blocks pretty well stick with their tribes through thick and thin.

      So the question is how are the moderate suburbanites going to view the dysfunction of both the GOP and Democratic folks?

      If their taxes go up because the Governor vetoed the tax conformity bill, because he wanted to spend more… I am thinking the GOP can make up some pretty convincing posters…

  3. Submitted by Alan Straka on 05/19/2018 - 01:19 pm.

    We need the tax conformity bill this year.

    The tax conformity bill is the most important. It cannot be put off until next year. It is the governor who is the road block so I can’t see how the Republicans can be blamed for not getting it passed. I haven’t voted Republican since the 70’s. This might be the year I do.

  4. Submitted by Paul Yochim on 05/21/2018 - 07:51 am.

    Doing nothing. ….

    may not be such a bad thing when one looks at the havoc the legislature has raised with the hard earned financial resources of the most productive people of this state.

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