Winkler: Denying Funding Petition Would Force Budget Compromise

St. Louis Rep. Ryan Winkler (DFL-District 44B) is speaking out against a court petition that would require the funding of certain government functions should the state government shut down on July 1.

Attorney General Lori Swanson filed the petition Monday, asking the court to allow the state to pay for “core functions,” including prisoner and sex offender oversight, health care and education.

Winkler told Patch Tuesday that if essential services were imminently de-funded, it would force a budget compromise.

“If they can’t agree to compromise, they’re the ones who are going to bear that responsibility,” Winkler said. 

In the petition, Swanson stated that county governments, municipalities and school districts are required under state law to provide certain core functions.

"Obviously, we hope the budget impasse can be resolved and that a new budget can be solidified," Swanson told The Associated Press. "But if not, the courts will ultimately have to determine what services the state and U.S. Constitution guarantee to citizens."

Winkler has tweeted about the issue this week, saying, "the point is that we're supposed to compromise, and not push the constitution or the citizens to the point of breaking."

Winkler took issue with the petition’s constitutionality, pointing to article 11, section 1 of the Minnesota Constitution, which states, “No money shall be paid out of the treasury of this state except in pursuance of an appropriation by law."

“The court has no power to spend money,” Winkler said, adding that it could order the other two branches to pass a law to fund certain things, but “the court can’t take a power away from the legislature and the governor.”

Winkler also disagrees with the scope of the petition.

“The 2011 petition says that all units of government can determine on their own what their core functions are,” he said.

Winkler added that a 2005 petition filed to avert complete government shutdown provided for a “special master,” who would determine which services were funded. The role spelled out in the current petition—which retired associate justice James Gilbert would fill—would get involved only if a problem arose, he said.

A hearing on the petition had not yet been scheduled as of Tuesday.