Capitol Letter for March 15, 2022
The Capitol Letter™ is a recurring publication that provides reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.
Climate Change
Minnesota infrastructure with climate change in mind
Climate change is now affecting how Minnesotan cities build their infrastructure, specifically as a result of extreme weather. Adapting and building cities with severe weather in mind may be costly upfront but will pay off in the long run. HF2200, authored by Rep. Samantha Vang (DFL–Brooklyn Park) is a climate change grant program that would establish financial assistance to cities for creating this infrastructure.
Cleaning up our Great Lakes
There has been a new effort in restoring the Great Lakes as part of the $1 trillion infrastructure law that has bipartisan support. The Great Lakes and their connected waterways are vital to global trade, fish and wildlife habitat, recreation, and tribal life. 31 “Areas of Concern” have been identified by the EPA, including the St. Louis River, which connects to Lake Superior. Efforts to restore the river would include remediating contaminated sediment, plant and habitat restoration, and other remediation projects that are slated to be finished by 2026.
HF3888 by Rep. Kelly Morrison (DFL–Hopkins) and SF3633 by Sen. Jennifer McEwen (DFL–Duluth) would provide $650,000 to the Water Council that would ensure Minnesota has clean water for the next 50 years.
Air quality progress and room for improvement
Deaths linked to air pollution are down by 26% in the Twin Cities metro, but remain disproportionate across neighborhoods, income, and race. Neighborhoods near highways and industries remain at higher risk. Respiratory hospitalization rates were nearly double in areas with a high population of racial and ethnic minorities compared to areas low in diversity. Additionally, the rate of asthma-related emergencies were over five times higher in diverse neighborhoods. COVID-19 has only exacerbated long-term lung damage in Minnesotans, again particularly in BIPOC communities. Rep. Fue Lee (DFL–Minneapolis) is cosponsoring HF3146 that would modify air quality permit analysis requirements, have environmental justice areas be identified, and require a demographic analysis.
Opportunities and potential costs of climate change
A presentation was given by Mekala Krishnana of the McKinsey Global Institute to the House Climate and Energy Finance and Policy Committee. Krishnana outlined six key conclusions from their research and reassured the committee that despite the daunting nature of climate change, there is still plenty we can do to achieve net-zero emissions by 2050. To achieve that, however, there needs to be reduced emission in all seven energy and land-use systems: power, industry, mobility, buildings, agriculture, forestry, and waste. Additionally, Krishnana outlined how the shift would impact the job industry and how lost jobs could be allocated to new ones created. There is a lot to be accomplished in order to successfully lower emissions, but the first step is gaining cooperation between government and businesses that would be impacted by these plans.
MN GOP to block clean car standards
SF3065, or the Consumer Choice of Fuel Act, would block the MCPA’s authority to adopt the clean car standards. These standards would have required dealerships to offer a certain amount of electric vehicles, and GOP lawmakers disagree that the agency can regulate emission standards. The bill’s future in the DFL-controlled House remains uncertain.
Renewable energy storage bill introduced
The House Climate and Energy Finance and Policy Committee heard methods of storing renewable energy in Minnesota. HF1651 by Rep. Athena Hollins (DFL–St. Paul) would promote the deployment of energy storage systems and make construction projects funded by the Renewable Development Account subject to provisions of wage and hour statutes. Its Senate companion bill, SF1674 by Sen. Karin Housely (R–Stillwater), is still awaiting approval in the Senate Energy and Utilities Finance and Policy Committee.
Many provisions would be around interconnection between storage systems and distribution facilities, compensating storage system owners, and requiring storage systems in resource planning. Solar developers have endorsed this proposed legislation, but Minnesota Power and Xcel Energy representatives say the bills are too “proscriptive”, as Rick Evans of Xcel Energy said “energy storage is a useful tool, but application needs to be flexible…subsidies have the potential to make this all more regressive. There should be more attention paid to how this affects costs for customers”.
Democracy
Election officials likely to quit before 2024
1 in 5 local elections officials say they’re likely to quit before the next election as a result of polarized elections, harassment, and threats. A study done by the Brennan Center found that one of the most common reasons for wanting to quit is too many politicians attacking “a system they know is fair and honest”. Senior Director of Elections and Government Larry Norden describes the center’s findings as a “crisis” in election administration. Despite the high desire to quit, the study found that 75% of election officials truly enjoy their jobs, but the current environment will not be able to retain and recruit workers in the future.
2020 census undercounted BIPOC Americans
A report from the US Census Bureau found that the most recent census continued their long-standing trend of undercounting Black, Latinx, and Indigenous Americans. Most drastically, Lantix Americans were left out of the 2020 census at a rate more than three times larger than the previous decade. Additionally, white people were overcounted at a double rate compared to 2010, and Asian Americans were also overcounted. The census has the ability to redistribute political representation and federal funding nationwide for the next decade. Despite these discrepancies, the bureau believes the census results are “fit to use” for deciding congressional seats and Electoral College votes.
Racial Justice
Teachers of color scholarship pilot program
Rep. Heather Keeler (DFL–Moorhead) has authored HF3917 that would allocate an additional $8.5 million for the aspiring teachers of color scholarship pilot program. Currently, the funds are only $1.5 million. The bill has been laid over by the House Higher Education Finance and Policy Committee for possible omnibus bill inclusion. The Senate companion, SF3714 by Sen. Jason Rarick (R–Pine City) is awaiting action. The grants and scholarships open doors to higher education by providing financial support.
Paul Spies of the Coalition to Increase Teachers of Color and American Indian Teachers in Minnesota said that 38% of Minnesota students are students of color, but only 7% of teachers are people of color. According to Spies, the state’s achievement gap is related to the shortage of teachers of color.
Other Legislative News
Minnesotan women still endure a pay gap
Last week Attorney General Keith Ellison and his office released a report that outlined how women in Minnesota continue to face pay gaps and show barriers for financial security. The report was done by the Advisory Task Force on Expanding the Economic Security of Women, who has been working to strengthen and enact legislation passed in the Women’s Economic Security Act in 2014. The report concluded with 115 recommendations for strengthening women’s economic security, including paid family leave, government subsidized child care, social security credit for time spent caregiving, and expanding reproductive health services. Many of these recommendations are supported by Governor Walz and DFL legislators, but it will be a different story to get support from the GOP.
Observer Corps Reports
House Public Safety and Criminal Justice Reform Finance and Policy Committee Hearing - Thursday, Mar. 3
Submitted by LWVMN Observer Corps Member Carolyn Pillers Dobler
HF3055
HF3055 by Rep. Jaime Becker-Finn (DFL–Roseville) establishes a reward fund for information about missing and murdered indigenous people. There were four testifiers in the meeting that all voiced strong support for the bill, testifying that this reward fund may be the impetus for someone to bring forward information that would aid in bringing a case to a resolution. A similar fund was established in Duluth in January that was funded by community donations. The Duluth Chief of Police, Mike Tusken, testified how this fund was established and how it can provide additional resources for law enforcement to bring closure to families and to bring those responsible to justice. The testifiers emphasized that indigenous peoples are six times more likely to be crime victims, yet the percentage of cases that are reported and ultimately resolved is very low.
Rep. Becker-Finn was asked if she had looked at similar programs in other states. She responded that she was not aware of any and that this may be the first of its kind. There was a question about a reward cap, which has yet to be determined. There were several comments and questions about the reporting of the reward fund. Chair Mariani added the report should cover the use and appropriateness of the rewards, what worked and what didn’t, and continuing to use what was learned to improve the process. There appeared to be widespread support for the reward fund. No vote was taken; the bill was laid over for inclusion in the omnibus bill.
HF2849
Authored by Rep. Ruth Richardson (DFL–St. Paul), HF2849 provides resources to establish an Office for Missing and Murdered Black Women and Girls.
Rep. Richardson provided background on the need for such an office. Cases are four times more likely to remain open and unresolved. Victims are often assumed to be runaways, Amber Alerts are rarely issued, and cases are not investigated. Black women and girls are more likely to be victims and receive less media attention. This long overdue bill addresses these systemic inequities.
The five testifiers all supported the bill. They related personal experiences to the lack of response from law enforcement and its effect on the families and friends. They expressed the need for a centralized office to focus solely on cases involving black women and girls. This office is urgently needed to provide additional resources for case investigation and prevention and to promote healing for families and friends of victims. The testimony was powerful and heartfelt.
Several committee members questioned why this office needed to stand-alone and not combined with the Office for Missing and Murdered Indigenous Women. Rep. Richardson responded that that was not a consideration; there are distinct differences in these cases and in the settings in which they arise. Also, the two offices will be applying to very different agencies for grant funding. The discussion continued around creating financial efficiencies by combining the offices. Rep. Richardson brought the discussion back to the need to address the systemic inequities inherent in the criminal justice system, which manifest distinctly in the two populations and settings. Thus, it is imperative to keep the offices separate. The discussion continued about the funding amount, $500,000, which would be ongoing funding, and that a fiscal note would be required, thus requiring the bill to be referred to the Judiciary committee. Rep. Richardson closed by stating that although it is not enough money, it is a good start.
The vote was unanimous to refer the bill to the Judiciary Committee.
HF3856
Authored by Rep. Athena Hollins (DFL–St. Paul) is a bill for sentencing guidelines and resentencing for offenders who have been victims of domestic abuse, sexual assault, or sex trafficking.
The first testifier had received clemency and had served 13 years in Shakopee for second degree murder. The nature of her crime was an abusive situation and she delivered a powerful yet hopeful testimony.
The second testifier provided the results of her study of incarcerated Indigenous women in Shakopee, representing about 20% of the prison population. All but one of the interviewees had a history of abusive relationships and violence. She emphasized that criminalization should never be the penalty of victimization. Time ran out in the hearing; no action was taken.
House Public Safety and Criminal Justice Reform Finance and Policy Hearing - Tuesday, Mar. 8
Submitted by LWVMN Observer Corps Member Kitty Westin
HF3857, authored by Rep. Athena Hollins (DFL–St. Paul), would eliminate the cost of phone calls to mental health and healthcare providers by persons incarcerated in county jails. Rep Hollins explained that the cost of a phone call from a state prison is $0.75 and the cost from a county facility is $7.19. This is a barrier to people who are incarcerated to getting health care in general and mental health care specifically. Testifier Elliot Butay listed several barriers that prevent people from accessing health care while in jail and the importance of making sure people who have been arrested or incarcerated have access to their mental health and health care providers. This bill will reduce gaps and support people as they transition from jail back to the community. Many people are in crisis when they are arrested and need support from healthcare providers. Sen. Warren Limmer (R–Maple Grove) has agreed to introduce a companion bill in the Senate. Action to lay over until questions are addressed and financial notes supplied.
House Education Policy Hearing - Wednesday, Mar. 9
Submitted by LWVMN Observer Corps Member Cathy Thom
HF3260 by Rep. Jessica Hanson (DFL–Burnsville) - Education; malicious and sadistic conduct prohibited involving race, religion, sexual harassment, sexual orientation, and sexual exploitation.
This bill codes a new statute defining “malicious and sadistic conduct,” and requiring school boards to prohibit malicious and sadistic conduct involving race, gender, religion, sexual harassment, sexual orientation, and sexual exploitation by a district or school staff member or student against another staff member or student. The new statute references the student bullying statute, which requires public schools to adopt a policy that addresses bullying. “Malicious and sadistic conduct” means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.
Rep. Sondra Erickson (R–Princeton) commented that she cannot support it because it is already covered by the MN Human Rights Act.
The bill was referred to the general register by a party line vote of 11-7.
HF3554 by Rep. Rodan Hassan (DFL–Minneapolis) - Alternative teacher preparation program grant eligibility modified, and $1 million appropriated.
This bill modifies the alternative teacher preparation grant program eligibility by modifying the definition of “shortage area.” To be eligible for a grant, a program must certify that it is working to fill Minnesota’s teacher shortage areas. The bill also appropriates money for the grant program. Modifies definition of “shortage area” by adding “license shortage areas” as defined in section 136A.1275, which lists the following fields: English as a second language, early childhood, special education, world languages, career and technical education, science, technology, engineering, arts, and math (STEAM). Allows the commissioner to award a grant to an alternative teacher preparation program that has previously received a grant.
Testimony was provided by teachers who were able to use the alternative teacher program to become licensed teachers in shortage areas, and how it benefits students. It is particularly impactive for CTE, especially in rural areas which are experiencing the most severe teacher shortages, and for the recruitment and retention of teachers of color.
Martha Moriarty from the Learning Disabilities Association (LDA) of MN, emphasized that nonprofits like hers have fundraised to provide scholarships for alternative teacher programs for SPED teachers of color, but they cannot fulfill the need.
Mr. Barnett from Teach MN testified that they partner with PELSB to provide quality alternative teacher programs and have recruited many teachers of color but costs are a barrier to more students being able to take advantage of their programs.
Rep. Sondra Erickson (R–Princeton) said that she strongly supports the bill and its expansion of a very good program that she pioneered with former Rep. Jennifer Loon (R – Eden Prairie) several years ago.
The bill was referred to the House Education Finance Committee by a vote of 18-1.
HF2920 by Rep. Michael Howard (DFL–Richfield) - School board members employed by a school district maximum earnings increased.
This bill increases the maximum amount a school board member who is employed by the school district may earn from that employment. The current limit is $8,000 and the bill raises it to $20,000. The school board member must be approved by a majority of the school board to be employed by the school district.
This is a companion bill to SF 3107, which was already heard and laid over by the Senate Education Finance & Policy Committee.
Testimony was provided by school board members across the state who work as substitute teachers, paras, coaches, cooks, and bus drivers in their school districts due to a labor shortage within their districts. A northern MN school district superintendent emphasized that lifting of this salary cap for the first time since 2004 is especially important for rural districts because school board members make good, trusted, informed part-time employees, but the outdated salary cap overly limits the number of hours that they can assist their districts. It was also emphasized that this is a pure policy bill that does not cost the state anything.
Rep. Steve Drazkowski (R–Mazeppa) commented that if school board members want to work for the school district, they could give up their school board position to do so full time. He said that the conflict of interest is concerning and that school board members should not be allowed to work in schools at all. Rep. Howard replied that the salary cap itself is meant to address the conflict of interest issue.
The bill was referred to the general register by a vote of 17-1.
HF2856 Rep. Heather Keeler (DFL–Moorhead) - Requiring school observance of Indigenous Peoples' Day; establishing Indigenous Peoples' Day as a state holiday and eliminating Christopher Columbus Day as a state holiday.
Section 1 - Replaces Columbus Day with Indigenous Peoples’ Day on list of holidays that a school district may conduct school. Requires at least one hour of the school program on Indigenous Peoples’ Day to be devoted to observance of the day and lists topics on which the district may provide professional development to teachers and staff, or instruction to students.
Section 2 - Replaces Christopher Columbus Day with Indigenous Peoples’ Day in the list of holidays that are included in the term “holidays” when the term is used in Minnesota Statutes or legislative acts. It also requires Indigenous Peoples’ Day to be fully recognized as a holiday in the executive branch of state government, and by political subdivisions. The existing Christopher Columbus Day holiday is not recognized by the executive branch. Other branches of state government and political subdivisions still have the option of recognizing Christopher Columbus Day but are not required to do so.
Rep. Keeler is Native American, and she began discussion of the bill by explaining why she feels this bill is both necessary and reasonable.
Shelly Buck, President of the Prairie Island Indian Community said that the recognition and teaching of Indigenous People’s Day is necessary simply because it provides us with an opportunity to finally teach the full truth to students of all cultures in MN. Indigenous peoples’ very existence is “an act of defiance” that deserves to be recognized so that genocide never happens in MN again.
Robert Larsen of the Lower Sioux Indian Community and Chair of the Indian Affairs Council testified that MN has been in the forefront of tribal-state relations, which is one way that MN has done right. He said that indigenous history is MN history, and the more that all Minnesotans know about the true and complete history of our state, the better we can move forward together as a unified state.
Delores Gabbard, Moorhead Area Schools Indian Education Liaison told the story of how the city of Moorhead was persuaded to adopt and celebrate Indigenous People’s Day across the community. She also noted how successful its observance has been in Moorhead Public Schools.
Adosh Unni of MDE spoke in support of the bill.
Rep. Peggy Bennett (R–Albert Lea) commented that she cannot support the bill because it approaches Indigenous Peoples Day in a “negative way” by “replacing” another historically significant observance.
Rep. Dean Urdahl (R–Grove City) offered an Amendment that would include an amendment that would clarify the President’s Day observance to specifically honor Presidents Washington and Lincoln with one hour of instruction on President’s Day if schools are in session on that day. Rep. Keeler declined the amendment because she felt that they are not related and that Washington and Lincoln are being taught in schools on other days in other contexts, and the President’s Day provision should be a separate bill if it is thought more needs to be taught about them on President’s Day. The Amendment was defeated by a party line vote of 8-10.
The bill was referred to The House Committee on State Government Finance and Elections by a vote of 11-7. Rep. Dean Urdahl (R–Grove City) was the only Republican to vote yes despite the defeat of his proposed amendment to the bill.
House Capital Investment Committee Hearing - Tuesday, Mar. 8
Submitted by LWVMN Observer Corps Member
HF3160, by Rep. Alice Hausman (DFL–Roseville), is asking to have passenger rail infrastructure funding provided, bonds issued and appropriated. Rep. Hausman said that Minnesota is considerably behind upper Midwest states in the current economic advantage of intercity rail in their regions. Testifier in favor of this bill, Brian Nelson from All Aboard Minnesota, strongly recommends this bill in order to have frequent and fast localized intercity rail within MN and connecting to other upper Midwest cities. He said that HF3160 asks for $26 million to help build out the state passenger rail plan and to fund two key routes. The first is the Twin Cities to Fargo/Moorhead area with stops in St. Cloud, Little Falls, Detroit Lakes, and Wadena. The second route is from the Twin Cities to DesMoines and Kansas City, with stops in Faribault, Owatonna, Albert Lea, Mason City, Ames, Des Moines, etc. This plan provides for a flow of dollars and people into these areas. This cost is fairly low as the infrastructure is already in place, there’s existing private investment and also there is cost effectiveness. The $26 million also includes a maintenance facility to service both routes and the Duluth route NLX. This bill includes a dedicated passenger rail between downtowns of Minneapolis and St. Paul as a continuation of both routes.
Trains are more than 30% more energy efficient than cars. This expanded rail serves more than 30 communities within a radius of 30 miles from these two routes. The T.C. to K.C. route provides better access to going west on Amtrak, providing a much shorter distance to Board instead of traveling to Chicago. The rails to K.C. are already there. BNSF has already spent $325 million on track improvement and signals since 2015.
The Fargo/Moorhead route would use the Union Pacific rail. The U.P. has already spent $300 million recently and can host passenger trains @79 mph. The Fargo line projected ridership is estimated to be 100,000 new passengers per year. The Des Moines/KC route’s yearly new ridership is projected to be 190,000.
The rail routes will bring a greater flow of people and a greater economic impact on all areas influenced by these proposed intercity rail lines. And it will provide economic competitiveness with other states in the upper Midwest.
There was no opposition at this time to this bill.