Tuesday, April 30, 2013

(Repost) The Artful and Foxy Words of Fine Print

With the 2013 Minnesota Legislature in three weeks ending the public again needs to be astute what are in those bills particularly this year with the budget.  I did this post a year ago.  The same points are just as valid now as then. Here it is:

As the Minnesota Legislature races towards the end be aware of that A-222 amendment which may have a short sentence with several words and placed on a conference committee bill or a so called must pass bill for the "sake of the state."

As the public has learned from such behavior in the past it can be hard to correct once the public finds out.  Just review the various media reports after last years shutdown.  Many stories of legislative surprises, revealing switches of money, and just out right "magical" disappearing of legislative language.

In the past, I have seen and discover such amendments,  There are many I ignore, some I tell others about, or I take action.  Several years ago, the Chair of the House Commerce Committee adopted a short sentence as an amendment, a provision which would have turned our state's strong medical privacy laws into Swiss cheese.  I spoke with him.  Did not see an issue.  I spoke with other legislators, but also with other privacy advocates.  The provision was taken out.

Another way of how things slip in is the "mumbo jumbo" of referring to Chapter 628 of the 5th subdivision, paragraph (a) with a few words added.  Many times law is made by amending current law.  But many people including legislators sometimes do not understand what an amendment may do.  The question may not be asked what the change may do to current law.

A case in point.  I spoke with a legislator this week about an amendment to our medical records statute.  She told me what the purpose of it was.  I said that was incorrect because it is already in current law.  She read the current law and decided to do language appropriately with what she and others wanted.

The Omnibus tax bill, the Health and Human Services bill, Legacy bill, among others including the "People's Stadium" bill is edging slowly its way towards the finish line.

We the public need to Stop, Look, and Act if we see sly, crafty, and smooth language in the bills we do not understand. So do the elected legislators we put into office.

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