Capitol Letter for April 11, 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
Environmental projects receive boost in House Legacy omnibus
Rep. Leon Lillie (DFL–North St. Paul) is sponsoring HF3438, which would fund clean water, parks and trails, outdoor heritage, and more. He argues that the boost in sales tax and an economy recovered from COVID-19 means that the state should make this money available for environmental projects across the state this year. The bill would allocate $225 million in 2023, with the majority of it from the Outdoor Heritage Fund. Per the state constitution, the Fund may only be spent to “restore, protect, and enhance” Minnesota’s environment.
The bill was approved 8-4 in the House Legacy Finance Committee this past Wednesday. The Senate companion bill contains only the $159 million for the Outdoor Heritage Fund, SF3701 by Sen. Carrie Ruud (R–Breezy Point), and awaits action in the Senate Finance Committee.
Clean energy transition approved by House on party-line vote
The Delete-All amendment for the omnibus climate and energy bill, HF3337 by Rep. Jaime Long (DFL–Minneapolis), has been amended and approved in the House by the DFL-majority to invest in renewable energy. The bill commits to weatherizing homes, expanding solar, and improving electric vehicle infrastructure using $80 million from the state’s general fund. The plan would also secure federal funding and appropriate $40.2 million for clean energy projects from the Renewable Development Account, Xcel’s annual nuclear waste fees. The bill’s future is uncertain in the Senate because of the lack of concern for climate change in favor of directing funds to ratepayers.
Latest IPCC report on climate crisis: now or never
The landmark report agreed upon by 195 countries detailed steps that governments must take to limit greenhouse gas emissions immediately. Professor Jim Skea, one of the co-chairs overseeing the report, describes taking action as a “now or never” situation; “without immediate and deep emissions reductions across all sectors, it will be impossible”. If we see warming beyond 1.5 degrees Celsius, we will see an increase in heat waves, floods, and storms that will affect millions. Significantly reducing fossil fuel in the short term and adopting cleaner fuels like solar and wind by 2050 is imperative for economic and health, per the report. Additionally, using land and emerging technologies to take carbon out of the air and sustainable development and lifestyles will determine whether emissions continue to reach record levels or go the other direction.
While relying on the government to enact and enforce these measures can feel grim, individual decisions matter to slow climate change, too. Changing the way we work, live, and eat in cities can reduce emissions as much as 40-70%. This could look like walking and biking to reduce transportation emissions, increasing access to electric cars, and making buildings more energy efficient. As one of the report's authors Stephanie Roe reassures, “it’s about individual actions that make cascading impacts across society”.
Weatherization funding is a bipartisan priority
Additional state funding would cover pre-weatherization work for low-income residents to access the federal weatherization program. The program would significantly reduce annual heating bills, create job security for contractors, and lower the state’s energy burden. HF3905 by Rep. Robert Bierman (DFL–Apple Valley) has been laid over for possible omnibus inclusion by the House and will hopefully gain Republican support because of its wide-ranging benefits.
Racial Justice
Medicaid program needs racial equity improvements
The Department of Human Services (DHS) released a report finding that Black Minnesotans born in the country experience some of the state’s starkest health disparities. Over 40% of Black Minnesotans receive their health care coverage through Medicaid. DHS recommends the state make it easier for recipients to enroll and renew their coverage, provide culturally-relevant care, and engage in communities with the policy design process. The proposed budget by Governor Walz includes several proposals that are in line with the DHS report’s recommendations.
There will be an online community conversation to address the report’s findings and next steps; read more to register.
Funding to help connect inmates with family heard in joint hearing
It is a high cost for inmates to communicate with their families, costing up to $300 a month. HF4191 would create a “family support unit” within the Department of Corrections that would work to foster connections between incarcerated individuals and their families. If passed, the bill would fund $1.5 million for video and phone calls and $280,000 for the family support unit. The hearing included testimony from medical, education, and law enforcement officials. The Commissioner of Corrections Paul Schnell described how closer contact between inmates and their families can encourage rehabilitation, and how important it is for incarcerated parents to have positive engagement with their kids.
The bill was heard on an informational basis by the House Early Childhood Finance Policy and House Public Safety and Criminal Justice Reform Finance Policy committees; there is currently no Senate companion bill.
Other Legislative News
AG Ellison: Police who killed Locke will not be charged
On Wednesday, the state’s AG office announced that there will be no charges filed against the officer who shot and killed Amir Locke in February during a no-knock warrant. Locke was not the subject of the warrant. Legal experts weighed in, largely in agreement with the AG’s office. Hamline Law Professor Anansi Wilson explains it doesn’t matter if Locke was scared or the warrant was faulty, “police have a license to engage…we’re only allowed to take [the] position of the police into consideration”.
“Every tragedy is not a crime”, former Ramsey County Attorney Susan Gaertner agreed. Despite no criminal charges being pursued, there is an obvious need for legal change. There is a public and a professional call for no-knock warrant requirements to be held at a higher standard, or for the warrants to be eradicated completely, claiming they violate citizens’ right to presumption of innocence. Mayor Jacob Frey has already prohibited MPD from filing no-knock warrants.
Banning club contributions
SF3975, authored by Sen. Mary Kiffmeyer (R–Big Lake), would ban “contributions to any club set up by a political committee of a candidate or a political caucus of the Legislature that provides access to lawmakers”. While state law already prohibits lawmakers to make contributions during session, there has been a suggested loophole of charging membership dues to a club. The request came to the Minnesota Campaign Finance Board in September by an unnamed source. The party organizations could offer “limited memberships”. The bill has been passed as amended and is scheduled to have a second hearing on April 7.
DFL education plan
The $1.1 billion proposal by House DFLers focuses on hiring more teachers of color, creating more mental health resources for schools, and increasing access to early childhood education for families. The bill comes after a nearly three-week long strike by Minneapolis teachers after calling for the district to allocate more resources to create a more “stable learning environment” for their students. The proposal varies heavily from the Senate Republicans proposal, a mere $30 million in comparison. Both chambers will have to meet in the middle to reach an agreement before the session ends.
Observer Corps Reports
House Environment and Natural Resources Hearing - March 29
Submitted by LWVMN Observer Corps Member Carol Stoddart
HF2661, by Rep. Athena Hollins (DFL–St. Paul), creates a zero-waste grant program with reports required and money appropriated. After testimony from two individuals representing the community—a small business owner and an employee of Hennepin County—the resolution to recommend the bill to the workforce committee was passed.
HF2211, by Rep. Esther Agbaje (DFL–Minneapolis), encouraging multifamily and large building composting via a pilot funding project, was also introduced in the hearing. Testimony in favor of the bill was heard from a representative from a nonprofit and an employee of Hennepin County. Committee members asked for a few points of the bill to be clarified.
House Public Safety and Criminal Justice Reform Finance and Policy Hearing - March 31
Submitted by LWVMN Observer Corps Member Cathy Thom
The hearing had a presentation of Wilder’s External Review of the state’s response to last summer’s civil unrest following the murder of George Floyd by Minneapolis police. Wilder gave the following recommendations:
Strengthen multi-agency coordination.
Inform and support development and compliance with law enforcement standards, model policies, and training to be used consistently among law enforcement agencies across the state. It was found that different agencies adhered to different policies and employed different tactics. More consistency and coordination are needed across and between agencies, and for various situations.
In general, use a tiered response to address situations of civil unrest that involve both lawful and unlawful protests.
Differentiate peaceful protestors from those engaging in unlawful activities.
Engage in pre-planning efforts to improve processes for managing operational, tactical and logistical considerations.
Improve coordination and collaboration between the intelligence team, law enforcement tactical operations teams, and Multi-Agency Command Center leadership. This includes requests for the Minnesota National Guard and other state assistance.
Reimagine policing to better suit individual community and neighborhood needs.
Testimony was given by the Minnesota Commissioner of Public Safety John Harrington, who emphasized that we must differentiate between protests and riots, and protesters and criminal rioters, and refer to them and treat them differently, and acknowledge that the vast majority of participants were peaceful protesters, not criminal rioters. The protests were unprecedented in terms of size and numbers of participants, and at first they were largely unplanned. They are historically matters for the local police to respond to, but the size and scattered geographical nature of these protests made it necessary to bring in outside assistance. It was the first time that the entire Minnesota State Patrol had to be mobilized all at once and pulled from all other areas of the state to respond to an event.
Stated that once the National Guard was called out, they need to have more training and understand their support role for police, rather than having parallel or conflicts of command and policing coordination and tactics. Commissioner Harrington also noted gratitude for the many outside law enforcement agencies that volunteered to assist local law enforcement with the protests and crowd control efforts.
Stated that this was the first event where there was a tactical use of flammable materials and fire as a distraction for first responders so that looters could attack businesses in another area. Need an emphasis on anticipation and prevention, and on helping recovery efforts of affected neighborhoods and businesses more than we have so far.
Rep. Cedrick Frazier (DFL–New Hope) requested access for pre-report materials in order to dispel rumors that Wilder’s report was delayed because of distrust from many members of the community to cooperate with them. Commissioner Harrington replied that it would be fine as long as it did not violate any legal contract agreements with Wilder.
Rep. Frazier emphasized the Wilder Report’s recognition that peaceful protesters and journalists had been targeted for police tactics that should have been reserved for criminal rioters and asked what law enforcement is doing to correct that. Commissioner Harrington replied that there are disciplinary investigations and training happening across law enforcement agencies involved in the events.
Rep. John Huot (DFL–Rosemount) emphasized that the report said that sometimes “elected officials got in the way” of appropriate or coordinated actions. Commissioner Harrington said that it was more conflicting or delayed communications with elected officials until they were encouraged and agreed to better coordinate and unify their efforts. He did acknowledge that there were a few elected officials that publicly advocated for things that were in conflict with proper police procedures and tactics.
Informational Hearing on HF4609, by Rep. Rena Moran (DFL–St. Paul), which creates a corrections supervision standards committee. Probation, supervised release, and community corrections modified. Rulemaking provided, report required, and money appropriated. The bill is the Governor’s policy and funding recommendations for criminal supervision based on community partnerships and collaborations across the state.
Additional testimony came from Catherine Johnson, the Director of Hennepin County Dept of Community Corrections. She spoke on behalf of several county and state law enforcement organizations. Emphasized that Minnesota has a local county choice of solutions model in regard to corrections and community supervision. Some counties provide community supervision (probation), while other counties opt for the state to provide them. Minnesota relies more heavily on probation over incarceration, which means that we are a low-incarceration state and spends the lowest per capita dollars on incarceration costs in the nation.
But it was pointed out by subsequent presenters from other agencies across the state that we also as a state chronically underfunded community supervision, which leads to high caseloads and failures to protect the community and/or keep supervised clients on the right path. In addition, our current three-option probationary models do not always consistently follow data-supported methodology and approaches to probation that are proven to succeed. This is especially true in regard to chemical dependency, family, financial, and mental health issues with which supervised clients often struggle. A video was played which emphasized that it is about building trust and relationships with clients to help them make better short and long-term choices rather than just punishing them for lapses or locking them back up.
It was emphasized that ALL of the corrections and supervisory agencies at all levels across the state support HF4609, as do tribal organizations.
Three recommendations:
Create a Supervision Standards Committee to develop statewide standards and a better model that are research-based for success.
Identify a permanent, transparent, consistent funding formula across the state, and provide the funding adequate to carry it out long-term.
Add tribal governments to policy and finance changes.
The hearing was informational only – no committee action was taken.
Senate Finance Hearing - April 6
Submitted by LWVMN Observer Corps Member Amy Caucutt
SF3875, by Sen. Andrew Lang (R–Willmar), a veterans supplemental budget bill laid over for possible inclusion in chair's "omnibus omnibus" supplemental budget bill. A-2 amendment, includes NONE of the eight funding requests offered by Governor and department, but does provide one time construction grants (governor's bonding requests) to complete three veterans homes under construction PLUS a $2M enlistment bonus.
SF3975, by Sen. Mary Kiffmeyer (R–Big Lake), State Departments' supplemental budget bill whose funding contained only the $10M for "election purposes" that the author said were specified in the "guidelines" given to her as committee chair. None of the discussion included the election policy or funding provisions that LWV opposes. Commissioners from MMB, Attorney General, and Admin all stated that NONE of their funding requests were included. The Dept Commissioner who manages MNIT even stated that his office would be unable to pull down $18M federal dollars to help locals with cyber security because a match is needed. Chair Rosen said she would hold a hearing on the ramifications of the federal infrastructure bill and need for state matches at a later date. Majority of discussion was on Section 6 (lines 5.20-6.13) which disallows the Attorney General from using outside funds or outside attorneys, even pro-bono or interns from law schools. DFL members said this was an attempt to deny a constitutional officer his rights to direct his office. GOP members said the legislature has the power of the purse and can use it to prevent outside councils with "political aims" from working for the AG. AG says that if the office was not grossly underfunded, it would be less necessary. Sen. Kent mentioned that the GOP Senate Majority had recently hired an outside attorney with political ties on a lawsuit, so their hands are not exactly clean. Sen. Marty's amendment to delete that section went down on a party line vote. Sen. Marty reminded the majority GOP that the supreme court had ruled against the legislature when they used their "power of the purse" to totally defund a state treasurer (when that office still existed), so 'power of the purse" is limited in respect to constitutional offices.