CCHC MN Legislative Report #5

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Health Powers Act Passes Minnesota House 120 - 11

(Vote Information below)
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House Info: 651-296-2146
Senate Info: 651-296-0504
Governor: 1-800-657-3717
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* leadership control
* two amendments added
* silent republicans, quiet democrats
* misinformation shared about opposition
* legislator response to CCHC info
* slim hope
* the vote


LEADERSHIP CONTROL
In what was perhaps the most controlled piece of legislative non-debate, the House passed the Minnesota Emergency Health Powers Act after about only 45 minutes. Almost no one raised a voice about a bill that expands governor powers during a declared emergency, and health department powers year-round. One suspects the matter was decided long before the bill went up for a vote.

Having a Republican and Democrat author the bill helped quell opposition, but CCHC was informed that Rep. Richard Mulder (R-Ivanhoe), author of the legislation, had reached "an agreement with leadership" that there would only be one amendment accepted from Republicans and one from Democrats - both already accepted and approved by Mulder.

Rep. Mulder thanked all "those who refused to add amendments" that had been requested of them, and Rep. Tom Huntley (D-Duluth), co-author of the bill, explained how bioterrorism is a serious threat. Yet he never explained, and nobody asked, how expanding government powers would lessen the threat.

TWO AMENDMENTS ADDED
Rep. Steve Smith (R-Mound) successfully added a provision allowing citizens to opt out of treatment, testing, examination and vaccination, but allowing the health department to place non-compliant persons in quarantine or isolation. Rep. Scott Dibble (D-Minneapolis) successfully improved the definition of bioterrorism.

Rep. Sondra Erickson (R - Princeton) introduced and then withdrew a CCHC amendment to delete the section of the bill that allows the health department to quarantine an individual without first getting a court order. The department could detain individuals and only 72 hours later APPLY for a court order. This section is UNRELATED to a bioterrorism attack or public health emergency. It could be implemented year-around for any communicable disease. Since it was the second of only one allotted amendment from Republicans, she withdrew it but first asked that her concerns be addressed in the conference committee.

SILENT REPUBLICANS/QUIET DEMOCRATS
The only 2 Republicans who said anything were Steve Smith, who wanted to check on whether Governor Ventura agreed with the bill (he does, according to Mulder), and Fran Bradley (R-Rochester) who wanted to congratulate Mulder and Huntley on the bill, and urge everyone to support it.

Concerns were gently expressed by Democrats Skoglund (over not requiring vaccination in certain circumstances), Gray (about quarantine and isolation), Kahn (on how terrorists can be internal enemies, not just external), Wagenius (about antibiotic resistance problems) and Dibble (about the quarantine and isolation sections including the 72-hour hold without a court order).

MISINFORMATION SHARED
When Gregory Gray (D - Minneapolis) asked Mulder to list the groups who supported and opposed the bill, Mulder did not do so. Instead he claimed that the groups were less concerned about the bill than the current emergency management statutes which give the Governor power in National security and energy emergencies.

Meanwhile, CCHC, the Minnesota Natural Health Legal Reform Project and an AIDS group had been sharing their concerns about the bill with legislators for two days. Only the Minnesota Department of Health, which wrote the bill, was supporting it. In fact, department officials were so worried about the opposition that the Commissioner herself came over to lobby the bill.

But that's not what anyone will hear when they listen to the permanent tape recordings of the House of Representatives. They will hear that no citizens were concerned.

LEGISLATOR RESPONSE TO CCHC INFORMATION
During CCHC discussions with almost 60 legislators, one Republican asked CCHC if its concerns were "just paranoia." Several Democrats said they'd heard that the Governor already has these powers of martial law. But many from both sides of the aisle expressed concern over the health departments' new ongoing, year-around power to detain citizens for more than 72 hours without a court order.

SLIM HOPE
Although the bill was passed, concerned legislators may be waiting until the conference committee bill is considered. The conference committee bill will be a blended version of the House and Senate bills, and therefore more easily opposed. But no one knows what will be retained from each bill. The Senate bill (with state control of medical supplies and private property) will be debated and likely passed on Monday. Once the conference committee bill is up for a vote, legislators may then try to strike it down. But there is only a slim chance that they will be successful. Most are sold on having to do something for bioterrorism, regardless of what the constitution says.

THE VOTE

NO
Republicans: Bruce Anderson, Mark Buesgens, Jim Clark, Tony Kielkucki, Phil Krinkie, Mark Olson, Mike Osskopp, Torrey Westrom
Democrats: Scott Dibble, Mindy Greiling, Michael Paymar

DID NOT VOTE
Karen Clark (D), Mary Jo McGuire (D), Joe Opatz (D)

YES
Everyone else





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ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.