Capitol Letter for March 10, 2023
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.
Lobbying by LWVMN
We “swarmed” the Capitol” on International Women’s Day for the Equal Rights Amendment. ERAMN and League members are advocating for the Federal ERA, 100 years after its introduction, and for all Minnesotans through an inclusive 2024 ballot measure. Let’s enshrine equality in both the US and our state Constitution!
Observer Reports
House Floor - Monday, March 6
LWVMN Observer Corps Member Amy Caucutt
HF669 (Lee) & HF670 (Urdahl) bonding and cash bills for capital investment passed 91-43 and 98-36, respectively, after some debate and one big amendment that added $185M in favored GOP projects via a 126-8 vote! I bring these to your attention because of the compromise and bipartisanship exhibited on the House floor after so much legislation has passed with mostly DFL support. While some GOP reps repeated language used at an earlier press conference and voted against spending/bonding before "giving back" through tax cuts, Rep Urdahl (GOP lead on the bonding committee) rose to support both bills saying bonding is another way to "give back" since many of these projects need to be done and will otherwise be financed by property taxes. Hard to tell what will happen to the capital projects (bonding) bill in the Senate where battle lines seem to have hardened and there needs to be 60% votes when other bills only need a simple majority (34). Read more about compromise and gridlock in this bonding bill.
State & Local Government Finance & Policy - Tuesday, March 7
LWVMN Observer Corps Member Cathy Thom
HF3 (Greenman) is the comprehensive elections bill supported by the We Choose Us coalition and LWVMN. This Committee's discussion should have been limited to the Automatic Voter Registration portion of this bill and what levels of local government would be subject to that process. Rep. Koznick (R) - Asked about the recently passed driver's licenses for all bill and how this bill would be pertinent to that. Rep. Greenman replied that AVR only applies to those who have provided proof of citizenship, which a driver's license on its own is not, unless it is a RealID. A driver's license is not equivalent to a "voting card." She reiterated that there are mechanisms in place to verify that all information to be eligible to vote has been provided. Rep. Bahner (DFL) - She explained that AVR actually makes our voter rolls more accurate by verifying you are who you are, you live where you say you do, and that you are indeed an eligible voter by providing a higher level of databases from which to make those verifications. It also will decrease same day registrations on election day and during early voting. Rep. Harder (R) - Asked for clarification regarding pre-registration of 16-17 year olds regarding what protects their information from being released to outside parties. Rep. Greenman says that there is already a pre-registration "pending" list that exists for 17 year olds who will turn 18 by election day. The bill simply allows 16 year olds to join that list, which is protected by various mechanisms for data privacy. She offered to provide specifics directly to Rep. Harder. Rep. Greenman restated the advantages of this bill in regard to election administration, voter role security and accuracy, and voter participation. The bill as amended was passed to be re-referred to the Ways & Means Committee; its final Committee stop before a floor vote.
Senate Environment, Climate, & Legacy Committee - Tuesday, March 7
LWVMN Observer Corps Member Audrey Kramer and Rita Mills
Audrey: SF466 (Champion) introduced his bill by describing the systemic problem in MN where communities of color, indigenous, and low-income (environmental justice communities) have been over burdened with the pollution from lead and incinerator air particulates coming from facilities that have been provided permits by the Minnesota Pollution Control Agency (MPCA). Senator Champion said systemic change is needed to end the injustices of the MPCA's past permitting process. Numerous testifiers included environmentalists and two Minneapolis school teachers who all spoke dishearteningly about the suffering in environmental justice communities, including years and years of cancers, asthma, and respiratory illnesses among adults and young children which leads to learning difficulties. Tom Johnson from the MPCA said they were committed to justice and would include targeting facilities within a 10-mile radius of the impacted communities by conferring with Senator Champion to rework parts of the bill. Tony Kwilas, Director of Environmental Policy of the Minnesota Chamber of Commerce, spoke proudly about their abundant activity on environmental justice. Kwilas said the Inflation Reduction Act provides $100,000,000 for environmental injustices and another $5 billion for climate pollution, as well as local funds promised by Governor Walz. Finally, Kwilas said community engagement is a precursor of success and wanted to work with Senator Champion to change definitions and to limit the scope of the bill. The American Chemistry Council (ACC) was opposed to the bill but not opposed to environmental justice, according to a representative. However, the bill was unanimously passed to the State & Local Government & Veterans Committee.
Rita: SF2330 (Morrison) - a bill to request money for the promotion and protection of clean water in Minnesota in the next 50 years. $200,000 would be for the University of Minnesota Water Council in 2024 to complete a plan that includes a literature-based assessment of current status and trends; identification of gaps in data; identification of existing and future threats to MN’s water, and provide a roadmap of policy recommendations for the future. The first of two testifiers was the Executive Director for Lakes & Rivers in MN who described fish die-offs and toxic levels in some areas when there are business proposals to export water across the continent. In addition, mention was made that water in MN merges into three main watersheds: going north, east to the Atlantic, and south to the gulf. It was emphasized that solutions could be challenging. Second, the Chair of the UMN Water Council emphasized that the plan is to look at all possibilities and entities, then evaluate. Questions were directed to Sen. Morrison and testifiers asked if current studies are already being done, emphasizing that we need conclusions, not just more studies. Laid over for possible inclusion in omnibus.
House Commerce Finance and Policy Committee - Tuesday, March 7
LWVMN Observer Corps Member Cindy Holker
HF2336 (Greenman) - establishes the ‘Minnesota Innovative Finance Authority’ to provide financing and leverage private investment for clean energy and other projects. An eleven member body, consisting of six citizen members, would administer the funds. The Inflation Reduction Act sets aside $20 billion to the states for this purpose, and the bill would create report back requirements for use of the funds. Minnesota Interfaith Power and Light testified in favor of the bill to enable progress on clean energy from entities too small to attract big investment. Republicans discussed an absence of "business" and that the bill is lopsided towards government and nonprofits. The author responded that the bill is intended to fill gaps in clean energy funding and leverage government funds to bring in private investment. Bill passed via voice vote and was re-referred to State and Local Government Finance and Policy.
HF2429 - Financial institutions (with assets greater than $500 million) required to annually submit a climate risk disclosure survey. Testimony centered on what the survey will look like, for why and what purpose, and the burden it will put on entities to prepare. The bill was laid over for possible inclusion in an Omnibus.
House Elections Finance & Policy - Wednesday, March 8
LWVMN Observer Corps Member Paul Huffman
HF 558 (Frederick) - Early Voting Elections bill that was presented last week in the Senate. This bill extends the period before Election Day when voters can directly input their ballots to the ballot reader from 7 days to 18 days, and changes the definition from "absentee voting" to "early voting,” meaning that voters would check-in, receive a ballot, and vote just as they would on Election Day without filling out an absentee application, reducing administration for Election Judges and counties. Furthermore, the bill mandates extended weekday and weekend hours, and changes the time for counties to start processing absentee ballots from 7 to 14 days. Both MACO, (Minnesota Association of County Officers) representing county election officials, and LEAD MN, representing MNSCU students, testified in favor of the bill. Several minority committee members questioned the details on how early voting would work, how it would be ensured that the voter got the ballot for the correct precinct, where and how the marked ballots would be counted, and other concerns related to election integrity. Author Rep. Frederick (DFL) deferred to the Secretary of State’s Office (Nicole Freeman) and Vice Chair Greenman for additional information since he could not answer the questions on election law sufficiently. The hearing devolved into chaos and shouting when Rep Quam (R) responded that his questions were not answered and would not yield to the chair when directed. Despite clearing the air afterwards, debate stopped on the bill which was laid over for inclusion in an elections omnibus. Another bill discussed, HF2392, relates to campaign finance, and is co-authored by the committee chair (Rep Freiberg) and minority ranking member (Rep Torkelson). The bill’s key element regards receipt of virtual currency (e.g. Bitcoin) as campaign contributions. There was no significant opposition and general support of the need to learn more and anticipate potential issues with virtual currency.
Senate Rules and Administration - Wednesday, March 8
LWVMN Observer Corps Member Cathy Thom
SF47 (Pappas) - This bill calls on Congress to ratify the federal ERA as the 28th Amendment to the US Constitution since all requirements have been met. The bill author listed several economic, socio-cultural, and criminal justice reasons why women still struggle to be treated equally under federal law. The bill passed without discussion to general orders.
SF37 - If this bill passes the Legislature, all state voters would accept or reject the more inclusive language of our human rights statute as a State Constitutional Amendment in 2024. The Author, Senator Mary Kunesh, emphasized that the ERA is not a new concept, and that it would recognize gender, disability, sexual orientation, etc. in addition to women, the same language that recently passed in Nevada. Joane Growe was unable to testify because of illness. Senator Johnson asked why the word “creed” was used instead of the word “religion” as a protected class. Senator Kunesh replied that the word creed is more inclusive than religion because creed includes those spiritual or belief practices which don’t involve a specific creator being. Senators Rest and Limmer supported Senator Johnson’s request to include the word religion in the list of protected classes. Senator Limmer wondered how “gender expression”, being an action word, would be interpreted. Senator Kunesh replied that this allows gender identity to be lived rather than just declared. A motion by Senator Johnson to lay the bill over failed on voice vote, and the bill passed to general orders.
Senate State and Local Government and Veterans- Thursday, March 9
LWVMN Civic Engagement Director Sam Streukens
SF1937 (Hawj) - reinstate the MPCA Community Board with representation from environmental justice communities. The formerly known Citizens’ Board was disbanded in the 2015 Environmental Omnibus bill after being created along with the Minnesota Pollution Control Agency (MPCA) in 1967. Farmers from Goodhue, Winona, and Carver County, a solar developer from the Oglala Lakota Nation, and the Land Stewardship Project (LSP) all testified in support of this bill. According to supporters, this is a good governance bill, because it would give the citizens a voice in the decisions that directly impact them. They shared numerous experiences of serving their community and that human and environmental health depend on the permits issued by the MPCA. These eight board members would join the MPCA Commissioner as Governor appointees upon approval by the Senate and would return to its regulatory and public role. According to the MPCA testifier, they remain neutral on the bill and received assurances from Senator Hawj to work together on implementation. The MN Pork Producers and Chamber of Commerce did not state their position but implied that this would add to safeguards in place including public comment periods, the option for litigation, and environmental protection agencies like the EPA. The MN Farm Bureau explicitly opposed the bill saying that it would make the permitting process for farms more difficult. This sentiment was echoed by Republicans on the Committee who added that regulations hurt business. Senator Jasinksi described his concerns with the membership portion of the bill as being discriminatory against large farmers and Minnesota’s majority white population. An LSP representative responded that 50-60% of approved projects in Minnesota are located in environmental justice communities which are defined as low-income, primarily people of color, from across the state. Senator Draskowski echoed his colleague and said that the urban interests behind this bill are stoking division with rural areas and implied that Board members would again be “activists”. Senator Hawj reminded Committee members that Senators approve the Governor’s appointees. The bill was re-referred to Environment Climate and Legacy on a party line vote. LWVMN is one of the 55 organizations mentioned supporting this bill.
House Public Safety Finance & Policy - Thursday, March 9
LWVMN Observer Corps Member Audrey Kramer
HF635 (Greenman) - This is a stand-alone bill to prohibit intimidation or interference of election administrators and volunteers and tampering with election systems or voting machines. Rep. Greenman depicted death threats received by election officials across the country in part from the constant spread of disinformation in the media about election fraud and drop-box or voter machine tampering. This makes election workers experience fear and insecurity, and people have even been blocked from entering polling places. Greenman's bill would provide consequences of these actions but would not inhibit the spread of disinformation. Rep. Hudson wanted to know who would handle the offenses: the Attorney General would cover civil penalties and city and county attorneys would take on the criminal penalties. HF635 passed unanimously to the Judiciary, Finance and Civil Law Committee.
HF1370 (Stephenson) - Deep fake technology (DFT) is about malicious video or audio information which smears the reputation of election candidates or legislators, undermining fair and democratic elections. Rep. Novotny wanted to know if it was happening commonly. Stephenson gave the example where early in the Ukrainian War, a DFT indicated that Zelensky planned to retreat from the war and surrender. Yes, DFT is being used often and even goes so far as to include pornographic images. Passed unanimously to the General Register.
HF1376 (Kozlowski) - intended to help the indigenous community get control of the numerous searches for missing or murdered indigenous women mainly. Reward funds established with an appropriation of $250,000 that would also cover the cost of Search Tool Kits or billboards and advertising for lost relatives. Indigenous women, though only 1% of the MN female population, make up the majority of murdered women and are disproportionately affected by violence. Laid over for possible inclusion in an Omnibus Bill.
Senate Elections - Thursday, March 9
LWVMN Observer Corps Member Paul Huffman
SF2270 (Morrison) - Ranked voting in elections for federal and state offices establishment and adoption of ranked choice voting (RCV) for local offices authorization. The bill initially included a requirement to implement RCV for federal and state elections in 2026 based on the recommendations of a large task force to be formed, and provided statutory changes to allow municipalities and local governments to implement RCV for all local elections. Currently, legal requirements on ballot design for state elections (even year) prevent adoption of RCV for local elections. Current statutes do not allow the Office of the Secretary of State to certify election equipment to read and count RCV ballots. The bill was amended to remove the deadline for implementation of RCV for state and federal elections, while retaining the task force to define how RCV should be implemented. The Bill was approved on party lines and re-referred to the State and Local Government and Veterans Committee.
There were a large number of testifiers both for and against the bill. The testimony for the bill focused on the benefit to reduce political polarization; ensure everyone's vote is counted; promoting representation by diverse candidates; successful implementation in Minneapolis and the desire to apply this in other, smaller cities; and positive public perception of RCV based on surveys. The in-person testimony against the bill focused on the complexity of the change; dissatisfaction with RCV in Bloomington (by an election judge) and Minnetonka; concern for preserving "one-person, one-vote"; the potential for fraud, manipulation of results, and lack of trust by voters; and ensuring that every person's vote counts.
There were a number of written submissions by individuals as well as organizations. Significantly, the Secretary of State endorsed the bill based on allowing local governments to use RCV and the statutory changes to improve elections where RCV is used by certifying election equipment to read and count the ballots. Common Cause supported the bill though suggested changes to support underrepresented communities both in the metro and rural Minnesota, and to reduce the political nature of the task force. The MN Association of County Officers (MACO) representing county election officials opposed the bill allowing RCV during even your elections until the task force completed its work.
Committee opposition focused on concerns for the speed of the hearing and lack of adequate time for discussion of the bill; potential for voters not trusting elections; concerns for ensuring "each person's vote counts"; and potential for voter confusion; the source and basis for the positive survey results; disparaging the candidates elected by RCV in Minneapolis and St Paul; Sen Mathews (R) suggested addressing funding of attack ads as a better approach to reduce toxicity in elections.
House Transportation Finance & Policy - Friday, March 10
LWVMN Observer Corps Member Cindy Holker
HF1346 (Kraft) - Electric Vehicle Infrastructure Program - authorizes the State to access federal funds to build out a national network of charging stations for electric vehicles. Minnesota must match $17 million to unlock $68 million from the federal government. Previous resistance to the bill related to what appeared to be a training requirement that could only be obtained from the union. Amendment A-2 was added to the bill to allow training to be obtained from organizations with apprenticeship programs and was passed with no objections. Testimony was all in favor including the MN Dept of Transportation's (DOT) Sustainability group who added some explanation to the bill, the Coalition for Clean Transportation who added that the biggest pushback to electric vehicles was "range anxiety" of which this bill would start to alleviate. Member discussion began with funding. Rep. Kraft stated that the matching funds would be part of the Governor's budget proposal. Second, a concern about the cost, up to $1 mil for placement of 4 charging stations, and lastly, a concern that small businesses would be left out of the process and that stations would be housed on public land. Rep. Kraft explained that the Request for Funding Proposals (RFP) process would allow small businesses to participate. Rep Hudella added a comment about the small number of electric vehicles compared to the large amount of money being spent to build out the infrastructure. Bill passed with no objection to the General Ledger.
Senate Judiciary & Public Safety Committee - Friday, March 10
LWVMN Observer Corps Member Cathy Thom
SF3, known as the "Democracy for the People Act," includes multiple provisions relating to election administration and campaign finance. Author Senator Boldon explained that the bill pushes back against misinformation that has spread and undermined confidence in our elections, culminating with the attack on the US Capitol on Jan 6, 2021, and the increasing role of dark money, both corporate and foreign, in our campaigns and elections. It also increases penalties for voter and election official intimidation. She said that MN voters rejected election deniers and extremism in 2022 and are counting on MN legislators to provide better protections and transparency for our election system, officials, and voters. The bill passed to its final Committee, Senate Finance, by a voice vote after several amendments were made.
A16 Amendment from Sen Boldon was passed unanimously. A back and forth discussion among DFL members clarified that the Judiciary Committee could make technical changes that would take effect June 15 if passed to cover the 46-day early voting period for primaries including criminal provisions like the prohibitions and penalties for election officials and voter intimidation.
Member Discussion: Senator Latz asked about the intimidation provisions and - particularly the civil provision which discusses the proving of intent - and “may” was changed to "must demonstrate" via unanimous voice vote.
Language was aligned with the Attorney General’s statute which provides an injunction of restraint for reasonable intent to engage in unlawful behavior. The concern from Chairman Latz was to not infringe on the First Amendment through "prior restraint," which case law has been considered to be unconstitutional. Senator Westlin stated that there is not a censorship issue here because it is dealing specifically with someone engaging in intimidation or other actions within our elections, and restraining orders are issued all the time to prevent criminal behavior. Thus, this is not a speech issue, it is a prevention of likely unlawful behavior based on evidence presented in court. Senator Boldon replied that intimidation of voters is not constitutionally protected speech, and she agreed with Senator Westlin that this section does not actually pertain to speech, but to unlawful behavior - intimidation of voters.
Additionally, Knowingly Spreading False Information to Impede Voting Would be a Crime from the Minnesota Reformer.
Minnesota House News
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