ST. PAUL, Minn. -- Lawmakers returned to the State Capitol Tuesday, to launch the 2018 legislative session.
They've got three months to tackle issues ranging from federal-state tax code conformity to public works construction bonding to preemption of local government control on wage and labor issues.
Lt. Gov. Michelle Fischbach resumed her duties as president of the state senate, prompting DFL Sen. Ron Latz of St. Louis Park to make a statement from the floor in protest.
"We want the record to reflect my objection to Lt. Governor Fischbach presiding over the Senate," Sen. Latz told his colleagues, citing the articles of the Minnesota Constitution that lay out the separation of powers between the executive and legislative branches.
Fischbach, a Paynesville Republican, automatically became lieutenant governor when Governor Mark Dayton appointed then-Lt. Gov. Tina Smith to the US Senate to replace Al Franken.
"Lieutenant Governor Fischbach is no longer a member of the Senate. The constitution says so very clearly and explicitly," Latz, an attorney and ranking minority member of the Judiciary Committee, told KARE afterwards.
Lt. Gov. Fischbach and her fellow Republicans have maintained that there's precedent for members of the Senate taking on the dual role of lieutenant governor. They cite an 1898 Minn. Supreme Court ruling, saying it was okay for Lt. Gov. Frank Day to cast a tie-breaking vote on a railroad tax relief bill.
"Seven men have done this before, I think we’re on pretty good ground to do it," Sen. Fischbach told reporters Tuesday. "I feel pretty confident presiding."
In Frank Day's time the Lt. Governor was also president pro-tempore of the Senate. Democrats assert the 1898 precedent no longer applies because the constitution has been amended several times since then, including a 1972 amendment that removes all of the lieutenant governor's senate functions.
Fischbach's decision to do both jobs drew a lawsuit from a constituent Destiny Dusosky of Sauk Rapids. Ramsey County Chief Judge John Guthmann didn't rule on the constitutional questions she raised, but decided the issue wasn't "ripe" yet because Fischbach hasn't cast any decisive votes in the Senate since becoming lieutenant governor.
With Republicans holding a slim one-seat majority in the Senate, the odds are high that Fischbach's vote could decide some issues. But the law also requires plaintiffs to prove they've been harmed individually.
Guthmann dismissed the case without prejudice, meaning Dusosky could revive the lawsuit if Fischbach were to take action in the Senate that causes personal harm to Dusosky.
New members
Before the Senate convened, Minnesota Supreme Court Chief Justice Lori Gildea gave the oath to Sen. Karla Bigham of Cottage Grove. Sen. Bigham, a Washington County Commissioner and former House member, won a special election to replace former Sen. Danny Schoen, who resigned after being accused of sexual harassment by several female politicians.
In the House, Speaker Kurt Daudt administered the oath of office to Rep. Jeremy Munson. The Lake Crystal Republican won a special election to replace former Rep. Tony Cornish, who also stepped down amid sexual harassment allegations.
Operating budget
Rep. Daudt says he expects action fairly soon on a bill to restore the House and Senate operating budgets.
He said the Legislature will run out of money to pay staff in mid-March, as a result of Gov. Dayton's line-item vetoes of the House and Senate operating budgets.
"The governor has asked for a clean bill. I think it would be really inappropriate to attach anything else to that bill," Daudt told reporters. "Playing politics with our staff salaries is kind of inappropriate."
Democrats said they'd like to add other items to that bill, including ratification of government employee contracts, and possibly action on pensions.
"The governor and the Republican leaders had a nice conversation about that, but if the Republicans would like to pass legislative budget with DFL votes, Senator Bakk and I have stated we would like the state employee contracts in it," House Minority Leader Melissa Hortman explained.
Gun reforms
Lawmakers were greeted Tuesday by advocates of gun law reform chanting, "Save our kids! Save our kids!" The Minnesota chapter of Moms Demand Action for Gun Sense in America organized the demonstration, in response to last week's shooting rampage at Marjory Stoneman Douglas High School in Parkland, Florida.
Republican House Majority Leader Joyce Peppin said the legislature needs to thoroughly review existing laws before making any changes to firearms regulations.
"We have to look at the issue as a whole, and not just be reactionary, thinking we’re going to solve the problem with some magic bullet," Rep. Peppin told reporters. "It’s a complicated problem."
Minority Leader Hortman said a comprehensive approach is needed.
"Many of us, and many in the public, are tired of watching our children be slaughtered in schools," Rep. Hortman said.
"I think there is no one single law you can pass that would eliminate the chance that something like that happens, but what are the steps we can take that make it a safer environment?"
Preemption
Daudt said Republicans will take another run this session at passing a bill that preempts local wage and labor laws. Gov. Dayton last year vetoed the same sort of bill, which would've blocked Minneapolis from adopting a $15 minimum wage, and stopped new sick time requirements passed in both Minneapolis and St. Paul.
Legislators were, however, able to successfully block a local ban on plastic bags in retail outlets that Minneapolis had passed and was days away from implementing.