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*May 16, 2023*

LEGISLATIVE UPDATE

O'Neill

On Monday, we debated the conference committee report for the Public Safety and Judiciary bill [ [link removed] ]. I spoke on three specific provisions of the bill. The first was funding to establish up to seven locked juvenile delinquent treatment homes. This will get the juveniles off the streets in a locked and secure facility getting treatment for mental health problems, if appropriate. This is one provision that actually will reduce crime, as the juveniles committing crimes will be diverted onto a better path. I have worked on this provision [ [link removed] ] extensively with chief author Rep. Kaohly Her, as well as Ramsey County Sheriff Fletcher and County Attorney Choi, and I'm glad to see this program getting funding.

Unfortunately the other two provisions I spoke on for this bill will severely infringe upon the 2nd Amendment rights of Minnesotans. The first is a portion of the expanded background checks for gun sales and transfers. This provision would make it a criminal offense to lose a piece of paper or the electronic image. Because of the record keeping requirements in the bill, if you sold or transferred a firearm and then misplaced the transfer paper or electronic record within the next ten years, you could be criminally charged with a misdemeanor if asked to produce it my law enforcement.

The other provision I spoke on is part of the red flag law. The bar to start the court process of confiscating a person's firearm is extremely low under this bill. The complainant simply needs to fear that someone will cause them "bodily harm", which could be something as simple as kicking them in the shin or grabbing their arm too hard causing pain. Bodily harm is set in statute as "physical pain or injury, illness, or any impairment of physical condition", even if the harm has nothing to do with the use of a firearm.

Additionally, the bill allows the hearing where a judge decides to remove a person's firearms to be ex parte - meaning the person whose rights are being targeted doesn't even need to be in the hearing, or potentially even be aware that it is happening if they missed being served. This provision has the terrifying potential of being weaponized against gun owners, and should never have been included in this bill.

A provision that was spoken to by several of my colleagues adds two full time employees to the Department of Human Rights to gather, analyze, and report on discrimination and hate incidents throughout the state. This effectively creates a database of complaints against people using their freedom of speech in a way that someone might deem offensive. In previous debates, the author of the provision acknowledged that even things like speculating about the origins of covid or saying you support J.K. Rowling could be considered hate speech and be included in the database. Also, the person being reported doesn't even need to be told they have been included in the database and there is no recourse if you do find out to have your information removed if false.

The Public Safety Conference Committee, like many others, included zero Republicans. The voice of the minority has been stifled time and time again in the conference committee process this year, and this time they're ramming through controversial gun control laws that won't address the root cause of gun violence.

On Monday the House also passed a concurrence to HF 1234 [ [link removed] ], which requires police and firefighters who apply for PTSD-related disability to go through mental health treatment as a condition of receiving benefits. While I voted for this bill the first time it came to the floor, it came back from conference with a provision that removes restrictions on members to negotiate away health insurance coverage as part of a settlement, which could be very detrimental to the first responders affected. While there are some very good parts of the bill, I ultimately voted no.



TFC

Last Thursday, the House passed HF 1900 [ [link removed] ], a constitutional amendment that reauthorizes that a portion of the lottery proceeds go into the environment and natural resources trust fund until 2050. Unfortunately this bill also adds a ?community grant advisory council? that would have control of as much as $23 million every year to go to non-profit organizations, with very little oversight over how they distribute the grant funds. This council would be made up of two members of the Ojibwe Tribe, two members of the Dakota Tribe, four members who identify as Black or African American, Hispanic or Latino, Asian or Pacific Islander, or as a member of a community of color, and would be appointed by the Department of Natural Resources. Because of this new council that would spend millions with minimal oversight, I voted no.



TFC2

Last Thursday, on Minnesota's Statehood Day, I and other members of the Taiwan Friendship Caucus read a proclamation [ [link removed] ] reaffirming our sister-state relationship with Taiwan. The resolution, covered by the Taipei Times [ [link removed] ], reaffirmed our state's ?commitment to the strengthening and deepening of the sister ties between the state of Minnesota and Taiwan. As one of the House Co-Chairs of the Taiwan Friendship Caucus, I was honored to present our visitors from Taiwan with a gavel that was used during today's session, a House Resolution signed by the Speaker, Majority Leader, Minority Leader, Asian Caucus Leader and the two Co-Chairs of the Taiwan Friendship Caucus, a commemorative plaque, and a pin with our state seal on it (pictured above and at right).







Please Contact Me

As always, if you need assistance on an issue pertaining to state government or have concerns or ideas about legislation, my office is available to you. You can e-mail at [email protected] or call my office at 651-296-5063 [ tel:6512965063 ]. You can also write a letter to me. My office address at the Capitol is 357 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd, St. Paul, MN 55155.

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357 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
651.296.5063







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