Bluestem Prairie

Bee in his bonnet: MNHouse Enviro Finance lead Dan Fabian bags on new pollinator programs

Back in the day when Roseau Republican Dan Fabian chaired the Minnesota House Environment and Natural Resource Finance and Policy Committee, committee members heard a bill on the burning issue of  allowing hunters to keep feral swine they might encounter and shoot while out hunting. 

The bill (HF3874), apparently crafted by Fosston Republican Steve Green's grandson for a grade school project, made it into the 2018 Omnibus Environment budget bill, according to Session Daily.

Never mind the fact no breeding population of feral swine lives in the state of Minnesota, the Pioneer Press reported.

Thus we find it interesting for Fabian to bag on new pollinator protection measures that have become law. In his May 31, 2019 Capitol Update from Rep. Dan Fabian the former teacher and coach begins:

The Governor called a special session last week with less than a day’s notice. While some of the committees had hearings on proposed budget bills before special session, several didn’t have hearings until after, and a few never had hearings at all. The complete disregard for legislative rules and procedure was appalling. The House GOP minority was left totally out of the conversation, with most bills being decided by a “tribunal” made up of the Governor, the Senate Majority Leader, and the Speaker of the House.Because of the excessive spending and horrible process that preceded special session, I only voted for the Agriculture, Education, and Transportation bills.

Fabian goes on to single out several items in the Environment Omnibuzz bill:

There were some good new policy changes, such as funding for youth firearm safety training, and grants for youth outdoor and natural resources programs, but the bill also included unnecessary changes such as naming a new state bee (the Rusty Patched Bumblebee), and pointless projects from the LCCMR bill, such as spending almost a million dollars to plant private lawns with pollinator-friendly flowers, . . .

Those measures weren't surprises unheard during the session. Indeed, the Star Tribune's Greg Stanley reported about the stand-alone bill in Pollinator-friendly yards could get help from the state of Minnesota back on March 19, 2019:

. . .The program would cover up to 75 percent of the cost of each project, and more for conversion in areas with a “high potential” to support the struggling rusty patched bees.

“When you look at [conventional] lawns, they’re just food deserts for pollinators; there’s nothing there for them at all,” said Dan Cariveau, a professor at the University of Minnesota. “It could be a relatively cheap way to revive these food resources.”

The state has run similar programs for farmers in rural areas for years, but this would mark the first effort to bring the subsidies to individual homeowners and, importantly, to cities and suburbs where many types of bees are surviving.

“We don’t think of urban and suburban areas as being friendly to pollinators, but research is showing they play a pretty key role,” Morrison said. “If we can be purposeful about the type of plants we’re putting into lawn areas, we can really make an impact on helping pollinators come back.” . . .

The Star Tribune article doesn't mention it, but H.F.776 was heard in the Minnesota House Environment and Natural Resources Division on March 14, 2019, according the division's minutes for that day's meeting. Minority lead Fabian was present, according to the minutes; the bill was laid over for inclusion in the "omnibuzz" bill. Audio of the hearing, which included expert testimony on the concept, can be heard here.

Yesterday, Stanley reported in Program to pay Minnesota homeowners to let their lawn go to the bees (at this moment number 1 in most read articles at the Strib):

The state of Minnesota will help homeowners turn their lawns into bee-friendly habitat under a spending plan approved by the Legislature and sent this week to Gov. Tim Walz.

The state will set aside $900,000 over one year to assist homeowners by covering much of the cost of converting traditional lawns by planting wildflowers, clover and native grasses in an effort to slow the collapse of the state’s bee population. The plan was trimmed down from the original House and Senate proposals, which would have provided funding for three years.

The plan could help replenish food sources for pollinators of all kinds, but will specifically aim at saving the rusty patched bumblebee, a fat and fuzzy species on the brink of extinction that seems to be making its final stand in the cities of the Upper Midwest.

The program would cover up to 75% of the cost of each conversion project, and up to 90% in areas with a “high potential” to support rusty patched bees.

Research at the University of Minnesota has shown that bumblebees are particularly important to the region. They land on flowering stems and vibrate at a frequency close to a musical C note, which unlocks pollen other insects can’t reach.

It’s not clear yet exactly how and when residents will be able to apply for the assistance. The state Board of Water and Soil Resources (BWSR) will run the program and decide how grants will be issued. BWSR officials are establishing the criteria and other details, said spokeswoman Mary Juhl. . . .

Readers can visit the new webpage at that agency. While the details under the new law have to be worked out, the toolbox of links on the page offers helpful advice. South St. Paul DFLer and Environment Finance Division chair Rick Hansen gleefully tweeted:

Lawns2Legumes webpage 🐝up this morning for 🍀inquiries on the appropriation if there isn’t a lot of program 🌾information 🌻to share right now:
https://t.co/ABCcwjdegx
#mnleg #Lawns2Legumes #pollinators pic.twitter.com/ysFIBhUz9A

— Rep. Rick Hansen (@reprickhansen) May 30, 2019

Not only is the program getting buzz at the Star Tribune, the Hill picked it up in Minnesota program will pay homeowners to transform lawns into bee gardens as species inches closer to extinction. 

Bill author Kelly Morrison notes in the article:

State Rep. Kelly Morrison (D), who introduced the measure, told the paper that she has “gotten a ton of e-mails and so much feedback from people who are interested” in the program.

“People are really thinking about how they can help,” she added.

She also joyfully tweeted about the article:

I’m so excited that pollinators and their habitats are getting national attention! Our survival depends on theirs!🐝 @EnvironmentMN @mnarboretum @MCEA1974 @pollinatemn https://t.co/AI5QaqomP0

— Kelly Morrison (@Morrison4MN) May 30, 2019

The National Caucus of Environmental Legislators shared the Strib story:

🐝 New program to pay Minnesota homeowners to let their lawn go to the bees!

Legislation sponsored by @Morrison4MN creates a fund to help homeowners convert their lawns by planting wildflowers, clover, and native grasses. https://t.co/g2R09r3YI1

— NCEL (@ncelenviro) May 30, 2019

In his Friday afternoon Legislative Update, Environment Division Chair Hansen focused on pollinator language, striking a much different note from Grinchy Fabian:

The rusty patched bumble bee is now the official state bee of Minnesota! It’s nice to see pollinators getting the attention that they deserve.

Designating the rusty patched bumble bee as a state symbol is important because boosts public awareness and will help protect the endangered species. The population of bumble bees is declining rapidly. In fact, Minnesota is one of the few states where they’re spotted consistently. If you’d like to learn more about our new state bee and its threatened status, MinnPost published an article with lots of great information here.
 
There’s also several ways that you can help protect the rusty patched bumble bee and other pollinators. Here’s a few ideas:

• Report bee sightings to the U.S. Fish and Wildlife Service. Scientists use this data to study pollinators. Visit www.bumblebeewatch.org to help!

• Plant pollinator-friendly plants and limit pesticide use. Tips for making your yard or garden more attractive to bees are available here. You can also check out a list of plants that provide vital nutrients from the University of Minnesota Bee Lab here.

• Consider turning your lawn into a habitat for pollinators. Thanks to the environment and natural resources budget that we passed last week, homeowners will be able to apply for help with this conversion process next year. A Star Tribune article about the Lawns to Legumes program is available here. If you’re interested in applying, the latest information is available here.

• Contact your elected officials and ask them to support pollinators during National Pollinator Week (June 17-23). Check out www.pollinator.org/pollinator-week for more suggestions. . . .

As a gardener who's romantically involved with an indigenous orchard keeper, Bluestem's editor is keenly concerned about pollinators--the garden plants and the trees that don't pollinate themselves depend on bees, butterflies, birds and other species to grow the delicious homegrown food and native fruit that makes up so much of our diet. While we live in Northeast South Dakota now, the concerning situation of pollinators doesn't stop at the state line.

Props to Representative Morrison for bringing forth this legislation in her first term. The Deephaven Democrat, a physician with an undergraduate degree in history from Yale, replaced Republican Cindy Pugh in the 2018 election. We can only hopeful that Fabian and other Republicans carry on about how pollinator-friendly policy is a waste of time--and the Senate Democrats take a few suburban districts where Minnesota citizens are eager to help pollinators.

As far as feral swine in Minnesota go, probably still not a problem.

Photo: A rusty patch bumble bee. Via Hansen's May 31, 2019 legislative update. We did see one in our partner's cherry trees this year.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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South Dakota News Watch: Further spread of CWD alarms SD hunters, wildlife officials

At the splendid South Dakota News Watch, Nick Lowery has dug into the details of CWD in Further spread of Chronic Wasting Disease alarms hunters, wildlife officials:

The discovery in March that a rocky mountain elk tested positive for Chronic Wasting Disease in Clark County — the easternmost case ever found in South Dakota — has provided scientists further evidence that the deadly disease is continuing to spread across the state.

The diagnosis comes as new research shows that CWD may be causing some North American deer and elk herds to shrink and has heightened concerns the disease could jump species and begin to kill other animals, including humans. So far, there is no evidence that the contagious disease can be spread to humans, though consuming meat from an infected deer is not advised.

CWD causes deer, elk, moose and caribou to literally waste away. The disease causes an infected animal’s brain tissue to break down and become sponge-like. As the brain breaks down, the animal loses some survival instincts and eventually loses the ability to feed itself.

The Centers for Disease Control, National Institute for Health and the South Dakota GFP all recommend that people should not eat any animal that looked sick before it was killed or which tested positive for any disease.

“This is a scary disease,” said Chad Switzer, wildlife program administrator for the South Dakota Game Fish & Parks Department. “Knowing what I know about the disease, if I harvested a deer from an endemic area, I would have it tested.”

In addition to causing deer and elk to endure a slow death, CWD has a direct impact on hunting and could harm the state outdoors economy.

In South Dakota, deer hunters spent more than $160 million in the state in 2016, according to an economic analysis by the state Game, Fish & Parks Department. About 70,000 South Dakotans hunt deer and drive an industry with about 3,900 jobs and $125 million in wages across the state.

“Everyone in the state should have a stake in this,” said GFP big-game Biologist Steve Griffin. “It’s about our deer.”

The new case in Clark County, located west of Watertown, was also the first time in more than 15 years that a deer or elk in one of the state’s 70 captive deer facilities had tested positive for the disease. How the elk caught the disease is still a mystery, but an investigation is ongoing, said state Veterinarian Dustin Oedekoven. . . .

Read the rest at the non-profit's website. We admire the copy this project is producing. About SDNW:

South Dakota News Watch, founded in 2017, is an independent non-profit committed to reporting the most important statewide stories, from agriculture to education, public safety to politics.

Funded by private donations and foundations, South Dakota News Watch is supported by several media organizations.

South Dakota News Watch journalists investigate important subjects, unravel complicated issues and tell stories that too often go untold—stories that make sense of our complex world.

While local media continue to serve their communities by reporting daily news events, South Dakota News Watch is focused on the big picture. That means informing and engaging South Dakotans so we can identify ways to make our great state even better and stronger.

The media companies involved in South Dakota News Watch have set aside competitive business pressures to collaborate in providing more watchdog, investigative and public service journalism. . . .

It's an intriguing effort in a state in which the population is so small that there's one only member of congress for the entire state.

Back to the CWD story--reported at a level of detail that's wildly successful--Lowrey reviews the state's past tepid response to CWD:

In 1997, a captive elk died and tested positive for CWD on a farm in the Black Hills. The South Dakota Animal Industry Board traced the animal’s origin and eventually found seven other CWD-positive animals. Most were in or near the Black Hills but one was found in McPherson County, northwest of Aberdeen.

After the 1997 discovery, GFP aggressively tested wild elk and deer killed near the captive herds. There were no new cases discovered. In 2001, the first wild deer tested positive for CWD. Since then GFP has tested 27,549 deer, elk and moose for CWD. Of those, 425, or less than 2 percent, came back positive.

Most of that testing was done before 2012, when the U.S. Department of Agriculture cut funding for a program that helped states monitor and manage the disease both in captive and wild populations. Since then, the state has relied on hunters to voluntarily submit deer and elk for testing.

In light of new research and to catch up with national best practices, the GFP in June 2018 embarked on a year-long project to develop a CWD action plan.

Switzer said drafting the action plan has been deliberately slow. It started with GFP big-game biologists reviewing the available science. Switzer then put together a group of hunters, taxidermists, and meat processors to help. Switzer also led a series of public meetings around the state to educate hunters or anyone else with an interest in CWD.

The plan hasn’t been finalized but a draft is scheduled to be presented to the Game, Fish & Parks Commission at its July meeting in Fort Pierre. If the commission agrees to consider the plan for adoption, it will be opened up to public comments for about 60 days. The Commission would take a formal vote to adopt the plan during its September meeting in Spearfish.

In addition to carcass movement restrictions for hunters, the plan may also change how taxidermists and meat processors dispose of deer remains.

Taxidermists will be asked to get trained in gathering samples from deer for testing. Meat processors may also be asked to help gather samples.

“The key point is, we’re looking at the human movement,” Griffin said.

What likely won’t get any attention is the well-intentioned feeding of wildlife, Switzer said. It’s a big problem, one that likely contributes to the spread of CWD but the backlash against banning or even severely limiting wildlife feeding could derail department efforts to build support for its work to slow the spread of CWD.

“Some would argue it’s more appropriate to work with the legislature first,” Switzer said of banning wildlife feeding.

The South Dakota Animal Industry Board regulates deer and elk farms through a permitting system. For about a decade, any time a captive deer or elk was diagnosed with CWD, the entire herd was destroyed. The USDA paid the owner for the loss under the program that ended in 2012. . . .

On Wednesday at the Mitchell Daily Republic, Sam Fosness reported in CWD forces changes for 2020 deer hunting season:

In an attempt to reduce spreading the deadly Chronic Wasting Disease, the South Dakota Game, Fish and Parks Department is planning to implement new changes for the 2020 deer hunting season.

During the GF&P's final CWD open house Wednesday in Huron, GF&P Wildlife Program Administrator Chad Switzer unveiled preventative measures aimed at reducing the spread of the disease that's been depleting the state's deer and elk population since the first known case in 1997.

"The overall goal is to reduce the spread, because we know it's been here for over 20 years," Switzer said to a group of hunters during the open house. "We are seeing CWD spread in other states more rapidly, but we want to be proactive in trying to eliminate this and help save our deer and elk populations."

CWD is a fatal neurological disease found in elk, moose, reindeer, mule deer and white-tailed deer, and is caused by an abnormal and indestructible prion protein in the brain of the afflicted animal. According to Switzer, the rare disease is easily transmissible and always fatal. Symptoms can vary, making it difficult to identify afflicted deer, Switzer said.

Using a new method for disposing of deer carcasses after the animal has been butchered is a primary focus for the GF&P's potential solutions to eliminate the spread of CWD. Switzer noted the disease isn't transmissible to humans, as there's been confirmed cases of CWD found in humans.

"We want to limit the likelihood of someone disposing a potential CWD afflicted deer carcass into an area where we know we don't have any confirmed cases," Switzer said, noting the Black Hills as being the area with the most confirmed cases. "We would like to see all of the carcasses be taken to a licensed landfill."

There are currently 25 licensed facilities in South Dakota permitted to dispose of deer and elk carcasses, which Switzer acknowledged may pose a challenge for hunters. Along with carcass disposal, taxidermy operations are also an area of focus for some of the new regulations the GF&P is hoping to implement in combating CWD.

"We want to work with taxidermists and plan to offer help in showing them proper ways of deer carcass disposal," he said. "It's going to be a long-term commitment, but we need to think about the future of our deer and elk."

Because CWD can be transmitted through saliva, urine, feces, and other bodily fluids, some states have out-right banned natural urine-based products used for hunting, along with enforcing other strict regulations. Wyoming and Colorado represent the states with the most prevalence of CWD found in their deer and elk populations, which have prompted the enforcement of more regulations.

"South Dakota doesn't have any restrictions at the moment in regards to carcass disposal and CWD, and we have very liberal rules and regulations," Switzer said.

While the majority of deer and elk confirmed with CWD have been detected in the southwest portion of the state, there was a recent confirmed case of CWD found in a captive elk on March 21 in the town of Clark, South Dakota.

In 2017, Switzer said the GF&P conducted a sample study on elk and deer in Custer State Park to calculate the prevalence rate in that particular area. According to the 2017-2018 sampling period, Switzer said there was a 15 percent CWD prevalence rate found in elk, while male deer had a 25 percent prevalence rate, which equates to 1 in 4 male deer in the population of that sample study.

"Those prevalence rates are alarming, and we're not saying the sky is falling, but we need to address this," Switzer said. "We're looking at this disease 20 to 30 years from now, and it has the potential to cause some serious harm to our deer population in the future."

In the GF&P's 20 years of monitoring the disease, there have been 203 elk and 194 deer that have tested positive for CWD. ... Switzer wrapped up the meeting and provided hunters a timeline of the next steps in drafting the new rules and regulations, which will include opportunities for public input before the final draft will be proposed to the GF&P Commission during its July meeting. "We want to work with our hunters as much as we can throughout this process," Switzer said. "We have to stay out in front of this disease to maintain the great deer and elk hunting our state has to offer."

We suspect every state in the union will need it's own smart and gutsy Jamie Becker-Finn to persist on CWD laws and regulations.

Image: A whitetail buck.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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Special session digest: Minnesota media responds to the new budget and more

We're slowly reading through the consequences of the special session that executed the budget agreement crafted in closed negotiations between Governor Walz, House speaker Melissa Hortman and Senate Majority Leader Paul Gazelka.

So far, we have no particularly fresh insights on the product or the process, and so we present this news digest about both.

At MinnPost on Wednesday, the indispensable Peter Callaghan provides an overview of the entire session in Well, that happened: Making sense of Minnesota’s 2019 legislative session. Nice headline. From the copy:

. . .Walz agreed that the provider tax concession was key in the budget talks. And though the GOP may have considered it the “Holy Grail” of its government shutdown wins from 2011, Walz said he was sure they would have to give in since it was so necessary to maintain the health programs the state prides itself on. The loss of the revenue from the tax also would have had negative consequences on the overall state budget as dollars were moved around to accommodate for the loss of that money. “It was big. There’s no doubt about it,” Walz said Tuesday. “It shaped the negotiations because of the oversized importance of it.

“I think they knew they would have to compromise for both of those things, but I think ideologically it was hard. It was a tough fight. I think maybe I did not realize the depth of some of their members’ aversion to the provider tax and how much of a fight it was going to be for them to put up the votes.”

And what did the DFL get out of the deal? Walz and House Speaker Melissa Hortman avoided an ugly battle that might have included a government shutdown. They saved the provider tax and health care for 1.2 million Minnesotans it helps pay for. And they did it without agreeing to a new sunset date that many expected. They also won increases in education and higher education funding, though not as high as first proposed. And they gained a new state law against wage theft. . . .

At Minnesota Public Radio, Briana Bierschbach reports Wednesday in Walz on session: 'Functioning government matters':

Gov. Tim Walz doesn't want to call this a status-quo legislative session, even though some of his political allies and fellow Democrats have already started calling it that.

"I think the status quo in government were shutdowns and bickering," the first-term DFLer said in an interview with MPR News.

Yes, lawmakers adjourned the regular session without a budget, and yes, Walz did have to call a one-day special session to finish the work. But he said things could have gone much worse negotiating a deal with one of the only divided legislatures in the nation. Republicans control the Minnesota Senate by two votes, while Democrats lead the House.

"Functioning government matters," he said. "In a very chaotic and unpredictable world, there's a sense that normalcy to how we go about our democracy is important." . . .

Walz is also hesitant to be too critical of Republicans in the aftermath of the deal, even though he acknowledges that there's much more he wanted to do this year.

That's because the same challenges are present next year. He'll still be governor, and the Legislature will still be divided between Republicans and Democrats. But there is one big difference: Next year is an election year when every seat in the House and Senate will be on the ballot, and he won't.

"November of 2020," he said. "It is coming, there will be a reckoning as there should be in a democracy."

At the Pioneer Press, Dave Orrick provides a punch list in MN Legislature: What they passed and what they killed. Here’s a guide to more than 50 issues. Our favorite pet issues:

Wolf hunting, chronic-wasting disease, two-pole fishing, and a new state honeybee: What lawmakers agreed to, and didn’t

Bde Maka Ska fails, Mondale approved, Fort Snelling at Bdote funded, election security money accepted

On Tuesday, Forum Communications capitol reporter Dana Ferguson filed Here's a look at who came away with wins and losses in the 2019 legislative session. A sample:

. . . State lawmakers went into "overtime" to finish their constitutionally-mandated work of passing a balanced budget Friday, May 24 and into the early hours of the following morning. And while most Minnesotans were sleeping, lawmakers debated and ultimately approved a $48.3 billion spending plan for the next two years.

On both sides of Minnesota's divided Legislature, lawmakers put forth policy and spending ideas that were ultimately folded into state law or squashed (at least for now).

Days after the early-morning end of a one-day special session, Senate Majority Leader Paul Gazelka, R-Nisswa, framed the budget negotiation as a "draw." But advocates pushing for changes in state law saw clearer wins and losses as the legislative session closed out. . . .

At the Mankato Free Press, Trey Mewes reported in What did, didn't happen in 2019 legislative session:

The Minnesota Legislature wrapped up a whirlwind special session Saturday with a number of major budget bills Gov. Tim Walz is expected to approve as soon as this week. Like every session, things didn't quite go the way lawmakers wanted.

Democrats are happy to see more spending on education and a continuing health care provider tax but disappointed in the lack of progress on transportation and infrastructure. Republicans are glad to have curbed tax increases on a variety of items, including a proposed 20-cent-per-gallon gas tax increase, but disappointed in increased government spending in several areas.

It remains to be seen how south-central Minnesota fares after the latest round of legislative action. . . .

At the International Falls Journal, the editors are Ready for next session, citing the assessment of the Chamber of Commerce:

Of all the descriptions of the 2019 session of the Minnesota Legislature, the Minnesota Chamber of Commerce seems to have hit it best: Mixed results; issues teed up for 2020 session. . . .

The Star Tribune notes the lawns-to-legume language passed in Program to pay Minnesota homeowners to let their lawn go to the bees. We're glad to see the win for pollinators. The headline Lawmakers and advocates: Work on emergency insulin program not over makes us hope that 2020 might be a better year for people, too.

Session Daily staff was succinct in After sunrise, the sun sets on 2019 special session.

We'll be back in the morning with more posts.

Photo: Minnesota's new state bee (a bumble bee, not a honeybee).

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email [email protected] as recipient.

We now return to our regular schedule of posting

Bluestem apologizes to our readers for an unanticipated Memorial Day hiatus, a holiday that's particularly embarrassing given Friday's special session of the Minnesota legislature.

We'll be back this evening with some reflections on that and the results of the regular session, along with news of our new favorite Republican politician, South Dakota Governor Kristi Noem. According to the latest news report, State asking for interest in fencing S.D. Governor's mansion, concerns about her safety exist.

We will investigate whether the concern is over pipeline protesters and out-of-state "riot boosters," lawyers serving papers, or angry badgers.

Our weekend was spent visiting a veteran's grave, mowing lawns after weeks of rain and more rain, and tilling and planting our vegetable gardens so late that I suspect I've become my own grandma , who never put her tomato plants in before what she persisted in calling "Decoration Day."

It's a matter of soil temperature and save for this cold, wet spring after an extremely snowy and cold winter, northern gardeners have come to put tomatoes in closer to Mother's Day. Not this year. Not this year.

We'll be back this evening with new posts.

Photo: An American badger. Source: FWS.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email [email protected] as recipient.

 

VIDEO: Special Session Omnibus Environment & Natural Resources bill informational hearing

Session Daily and other venues report Walz calls for special session Friday.

Readers who want to know what is in the omnibus budget bills are advised to visit the MNHouse Info YouTube channel for Uploads of committee and division walk throughs of the bills, and the committee/division homepages, as well as checking out coverage in the state's newspapers and other media.

Here's the video of Thursday's Special Session Omnibus Environment & Natural Resources bill informational hearing by the Minnesota House Environment and Natural Resources Division, via the Minnesota House Information Services YouTube channel:

Here are the documents about the hearing posted on the Division's webpage:

• Environment and Natural Resources Special Session Spreadsheet - 5/23/2019
• Environment and Natural Resources Trust Fund Spreadsheet - 5/23/2019
• Environment and Natural Resources Special Session Draft Bill - 5/23/2019
• Environment and Natural Resources Policy Tracking - 5/23/2019
• Written Testimony 5-23-19 - 5/23/2019

At Session Daily, Erin Martin reports in Policy not left behind in environment and natural resources agreement:

A pair of issues provided serious stumbling blocks for House and Senate conferees tasked with working out a budget compromise on the omnibus environment and natural resources finance bill – chronic wasting disease and the Environment and Natural Resources Trust Fund.

Unable to make the Monday legislative deadline for the bill sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Sen. Bill Ingebrigtsen (R-Alexandria), a walkthrough was offered Thursday on the agreement that is expected to go before legislators in special session in the next few days.

The compromise would provide $14.78 million above base appropriations of $324.2 million from the state’s General Fund during the 2020-21 biennium for the Pollution Control Agency, Department of Natural Resources, Metropolitan Council Regional Parks, Minnesota Conservation Corps, Board of Water and Soil Resources, Minnesota Zoo, Science Museum and Board of Tourism.

The House initially sought a spending increase of $30.38 million; the Senate a $57 million reduction.

[MORE View the spreadsheet]

Three weeks of negotiating while the conference committee awaited budget targets resulted in a number of policy provisions being adopted. Chief, and perhaps most intensely negotiated, were provisions relating to the state response to chronic wasting disease, the fatal neurological disease that has spread into Minnesota white-tail deer herds.

The compromise resulted in agreement that deer farms would:

• be required to fence their perimeters with high-tensile fencing at least 96 inches high, effective upon passage;
• install redundant gate access by Dec. 1, 2019;
• tag white-tail deer before Oct. 31 of the year they are born, and elk and other cervids by Dec. 31 of the year they were born;
• require annual physical inspections of farms, including an inspection of all perimeter fencing and verification of all tagged animals;
• set inspection fees based on livestock use and composition;
• deny future registration to permit holders whose registration has been revoked without a Board of Animal Health determination that future escapes are unlikely;
• require all dead farmed cervids over 1 year old be tested for chronic wasting disease; and
• require all farms testing positive for chronic wasting disease to depopulate the farm after an appraisal for federal indemnification, or in a reasonable time determined by the Board of Animal Health and Department of Natural Resources, and to maintain fencing with biohazard signs for five years thereafter.

The bulk of the additional funding included in the agreement will fund the board and department’s efforts relating to chronic wasting disease. The agreement would also increase the Aquatic Invasive Species surcharge to help fund ongoing control efforts and studies.

The House succeeded in keeping provisions to create a “No Child Left Inside” grant program, intended to help connect children to the outdoors. It would include Senate-sought funding for high school fishing league and firearms safety grants funded through the program.

The House also successfully included designation of the Rusty Patched bumble bee as the state bee.

The effort to rename a state park or state park structures after former Vice President Walter Mondale was reduced to naming a scenic river way for him.

A number of significant House provision failed to make their way into the compromise, including:

• a ban on recreational wolf hunting;
• the use of a portion of PCA pollution violation settlements by affected communities;
• fee changes for watercraft;
• establishing a tree planting goal for carbon sequestration;
• allowing people with physical disabilities to use motorized vehicles in wildlife management areas without a permit;
• repeal of turtle seller licensing;
• requiring nontoxic shot be used by hunters in wildlife management areas;
• establishing a carpet stewardship program and plan;
• re-establishing the MPCA Citizens’ Board; and
• creation of a voluntary salt applicators certification.

The Senate carried a number of significant provisions that made it into the agreement, including:

• expanding zebra mussel control pilot programs on Gull Lake and Cross Lake to include all access points;
• expanding state park open house days, when the public may access the parks free of charge, to three days per year;
• allowing the use of night vision/thermal imaging equipment to hunt coyote and fox;
• restricting application of storm water rules to county areas designated as urbanized;
• modifying bear baiting to require drums be permanently tagged and removed from state lands out of season;
• allowing the use of 410 shotguns for turkey hunting; and
• requiring the DNR to continue operating the Hill-Annex Mine State Park through June 2021.

Trust fund dispute settled

The compromise would also approve how $64.47 million from the Environment and Natural Resources Trust Fund is to be spent.

The disagreement over how to spend fund revenues was largely resolved by returning to the recommendations produced by the Legislative-Citizen Commission of Minnesota Resources.

[MORE See the LCCMR spreadsheet]

Each year, the LCCMR makes funding recommendations to the Legislature on projects that help maintain and enhance state environment and natural resources. Their mandate was established in the state constitution in 1963. 

Normally, the Legislature would approve recommendations for fund monies for the approaching year, in this case 2020. But money previously earmarked for debt service in 2019 was returned to the fund, leaving legislators with $2.94 million for which the LCCMR had not made recommendations.

The agreement worked out a number of appropriations to be made in 2019, including:

• $1.8 million for development of a diagnostic test for chronic wasting disease;

• $806,000 for creation of the Lawns to Legumes program; and

• $330,000 for a grants management system for LCCMR.

Photo: A tweet by division member Jamie Becker-Finn, DFL-Roseville, illustrates the changing face of agencies and the legislature itself.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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EPA cancels registration of 12 neonicotinoid products from Bayer, Syngenta & Valent

Back in 2017, Bluestem posted about central Minnesota beekeeper Steve Ellis's role as lead plaintiff in a lawsuit charging EPA approved neonics with little thought to bees.

The post was built on Minnesota Public Radio reporter Dan Gunderson's Judge: EPA violated law in approving products dangerous to bees, butterflies:

A Minnesota beekeeper is claiming a partial victory in a federal lawsuit over the regulation of a common insecticide.

Last week, a federal judge in California ruled that the Environmental Protection Agency violated the federal Endangered Species Act when it approved dozens of neonicotinoid insecticide products.

Steve Ellis of central Minnesota is the lead plaintiff of suit, which claims the EPA approved products containing neonicotinoid insecticide without adequately considering harm to bees and endangered species. . . .

On Tuesday, Bloomberg Environment's Adam Allington reported in EPA Curbs Use of 12 Bee-Harming Pesticides:

The Environmental Protection Agency has canceled registration of a dozen pesticides, from a class of chemicals known to harm bees.

The cancellations are effective as of May 20 for 12 neonicotinoid-based products produced by Syngenta, Valent, and Bayer.

The Federal Insecticide, Fungicide, and Rodenticide Act requires pesticides sold or distributed in the U.S. to be registered by the EPA.

Under a December settlement agreement linked to an Endangered Species Act challenge by environmental groups, the companies voluntarily agreed to petition EPA to cancel 12 out of 59 products containing the active ingredients clothianidin and thiamethoxam.

Developed as an alternative to organophosphate and carbamate pesticides, neonicotinoids are chemically related to nicotine, and attack the nervous system of insects.

Unlike traditional pesticides, “neonics” are also systemic, meaning that when taken up by the root system, the entire plant becomes toxic to insects.

“Today’s cancellation of these neonicotinoid pesticides is a hard-won battle and landmark step in the right direction,” said George Kimbrell, legal director at the Center for Food Safety, which litigated the case and was a party to the settlement agreement.

Often used as seed coatings on crops such as corn, cotton, and soybeans, in recent years increased use of neonics has been linked to declines of honeybees, wild bees, and other insects.

Impact for Farmers

Among the 12 pesticides canceled in the U.S., seven were for seed coating products used by farmers.

According to Syngenta, any move to further restrict access to neonicotinoids risks harming farmers by removing one of their most widely used insecticides.

“After five years of litigation, this settlement represents a positive outcome in the interest of all parties. The terms clearly support America’s farmers while ensuring continued protection of the environment,” Syngenta said in a statement.

“The settlement allows growers continued access to trusted neonicotinoid products containing thiamethoxam, essential for controlling destructive pests, managing resistance, and supporting integrated pest management.”

While farmers will still have access to other neonic-based products for the time being, environmental groups are pressing EPA for a complete ban on all outdoor uses for neonics in the coming years based on similar endangered species concerns.

“This entire class of active ingredient soon will be up for re-registration [under the Federal Insecticide, Fungicide, and Rodenticide Act] by 2022,” said Kimbrell. “These first 12 were just an interim step.”

In April 2018, the European Union adopted a near total ban on outdoor uses of neonic pesticides.

The restrictions in the EU apply to 3 out of 5 active neonic ingredients, however the applications that remain are for plants who spend their entire life cycle in greenhouses.

Dino Grandoni, Washington Post, The Energy 202: EPA blocks a dozen products containing pesticides thought harmful to bees reports:

Finally, at the end of 2018, three agribusinesses — Bayer, Syngenta and Valent — agreed to let the EPA pull from shelves the 12 pesticide products used by growers ranging from large-scale agricultural businesses to home gardeners. The legal settlement also compels the EPA to analyze the impacts of the entire neonic class on endangered species.

Minnesota lawmakers respond

Minnesota state representatives who had offered builds to limit use of neonics responded on twitter today as the news spread in Forum Communications' newspapers reprinting the Washington Post article. Here's a sampling:

Center for Food Safety wins in case to force EPA to ban 12 neonicotinoids | 🐝🙂🦋#savethebees #mnleg https://t.co/5YG8uuXmoc

— Rep. Rick Hansen (@reprickhansen) May 23, 2019

In conference committee the #mnleg GOP Senate refused to take up the ban of neonicotinoids on wildlife management areas (which they passed unanimously 67-0) because it would "be the camel's nose under the tent." Well, the @EPA just banned 12 neonicotinoids yesterday. https://t.co/mh4LSw2AAa

— Fue Lee (@RepFueLee) May 23, 2019

I had a neonicotinoid bill this session that didn’t get any traction. So glad the EPA is doing something about it since MN can’t. https://t.co/s36Bj31UvF

— Kaohly Vang Her (@KaohlyVangHer) May 23, 2019

Products cancelled

Here's a screengrab of the list of the products and their manufacturers from the Federal Register:

Environmental groups strike skeptical notes

Environment America's sub-headline sums it up Statement: EPA bans some bee-killing pesticides

Decision is a good first step but more must be done to protect bees from neonics

Beyond Pesticides dives into the details in a blog post, Fulfilling Legal Settlement with Limited Scope, EPA Cancels Twelve Neonicotinoid Products:

(Beyond Pesticides, May 23, 2019) On Monday in the conclusion of a lawsuit, the U.S. Environmental Protection Agency (EPA) announced the final notices of cancellation on the registration of twelve neonicotinoid pesticide products in the Federal Register, each of which contains chlothianidin or thiamathoxam as an active ingredient. The decision to pull these products from the market was required as part of a legal settlement under the Endangered Species Act (ESA) in December 2018 of a successful case, Ellis v. EPA, brought by beekeeper Steve Ellis and a coalition of other beekeepers and environmental groups, including Beyond Pesticides. The case establishes a legal precedent in which the court required action to address the bee-toxic effects of pesticides; however, the effect of the settlement and its impact on overall neonicotinoid and other systemic insecticide use is limited.

For all but two of the twelve canceled products, a nearly identical surrogate remains actively registered. Furthermore, the fact remains that there are hundreds more products containing the active ingredients targeted by the lawsuit that have not been removed in any capacity – 106 products containing clothianidin and 95 containing thiamethoxam remain untouched on the market. Breaking down the impacts of the EPA ruling even further, there are several eerily similar classes of insecticides that operate the same way neonicotinoids do that remain untouched by regulation. The sulfoxamine insecticide sufloxaflor, for example, is functionally identical to the neonicotinoid imidacloprid, which negatively impacts foraging and immune responses in bees. Even at low levels, sulfoxaflor impairs reproduction and reduces bumblebee colony size.

In the originating lawsuit, filed in 2013, plaintiffs made a number of claims related to EPA’s failure to protect pollinators from dangerous pesticides, its poor oversight of the bee-killing pesticides clothianidin and thiamethoxam, and its practice of “conditional registration,” as well as labeling deficiencies. Plaintiffs noted that the subject pesticides “have been shown to adversely impact the survival, growth, and health of honey bees and other pollinators vital to U.S. agriculture” and have “harmful effects on other animals, including threatened and endangered species.”

“The federal pesticide law is a weak statute and offers limited protection for bees, the ecosystem, and public health” said Jay Feldman, executive director of Beyond Pesticides. “People are taking matters into their own hands by adopting practices around their homes and community-wide and purchasing products that are protective of bees, the environment and people,” he continued.

In May 2017, a federal judge ruled that EPA violated the Endangered Species Act when it issued 59 neonicotinoid insecticide registrations between 2007 and 2012 for pesticide products containing clothianidin and thiamethoxam. U.S. District Judge Maxine Chesney rejected the claims of intervenors (pesticide producers) that the plaintiffs had not established causation between the subject pesticides and the harm to plaintiffs. But rather than order EPA to work with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) — a requirement when a pesticide is registered (so as to reduce risks to endangered species) — the judge directed the parties, including the plaintiffs, defendant EPA, and intervenor Bayer CropScience, to move forward with a settlement conference to resolve the disputes. The result: a compromise solution with, at best, weakly protective impacts. The court ruling denied plaintiffs’ claims under the Federal Insecticide, Fungicide and Rodenticide Act, the nation’s pesticide control law, that EPA had a statutory duty to suspend cited bee-toxic pesticides, as established in an emergency legal petition filed in March 2012. The judge said that the court lacked jurisdiction due to conflicting laws or EPA’s actions were not “approvals” subject to court challenge.

Canceled Product	Active Registered Product
Meridian 0.20G	Meridian 0.33G & Meridian 25WG
Meridian 0.14G	Meridian 0.33G & Meridian 25WG
Activa Complete Corn 500	Activa Complete Corn 250
THX/MXM/FDL/TBZ FS	THX/MXM/FDL/TBZ/SDX FS
Adage Delux	Adage St
Adage Premier	Adage St
Inovate Seed Protectant	Inovate Pro Seed Protectant
Inovate Neutral Seed Protectant	Inovate Pro Seed Protectant
Aloft GC G Insecticide	Aloft GC SC Insecticide
Flower, Rose & Shrub Care III	Flower, Rose & Shrub Care II

Systemic insecticide-treated seeds are pervasive and widely used across the agricultural landscape, home gardens, and public spaces. Of the two most widely planted crops in the U.S., between 79 to 100 percent of corn seed and 34 to 44 percent of soybean seed were treated with neonicotinoids in 2011. A conservative estimate of the area planted with neonic-treated corn, soybean, and cotton seed totals just over 100 million acres, or 57 percent of the entire area for these crops.

Pollinators are far from the only victims of ubiquitous systemic insecticide contamination. In a recent avian risk assessment, EPA scientists found that neonicotinoids present in treated seeds exceeds the agency’s level of concern for certain birds by as much as 200-fold. A 2017 study by researchers at the University of Saskatchewan confirmed that tiny amounts of neonicotinoids – the equivalent of just four treated canola seeds, for example – are enough to cause migrating songbirds to lose their sense of direction and become emaciated. Recent research uncovered the endocrine-disrupting health impacts of imidacloprid on white-tailed deer, leaving the disturbing open question: if large mammals are feeling the impacts, are humans as well?

In light of the shortcomings of federal action to protect pollinators, wildlife, and people, it is left up to the public to establish safe havens by creating pesticide-free habitat and educating others to do the same. Get involved at the community level to pass policies that protect imperiled pollinators. Use Beyond Pesticides’ resources and educational materials, including our BEE Protective doorknob hangers to get the word out. See Beyond Pesticides’ series celebrating unsung wild pollinator heroes through the Polli-NATION campaign.

All unattributed positions and opinions in this piece are those of Beyond Pesticides.

Bluestem will continue to watch for irony at the Minnesota state capitol. Erin Martin reported in Policy not left behind in environment and natural resources agreement:

The House also successfully included designation of the Rusty Patched bumble bee as the state bee.

Let's hope those endangered bumblebees don't get zapped by neo-nics, especially those with cancelled registrations.

Photo: Minnesota beekeeper Steve Ellis. Via Earthjustice.

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Now with documents! Omnibuzz budget bill informational public hearing livestreaming Thursday at noon

UPDATE #3: The new draft of the bill, tracking sheet and the

The new Omnibuzz Environment and Natural Resources Budget Bill here.

The tracking sheet for the budget here.

The Omnibus LCCMR Environment and Natural Resources Trust Fund here.

Watch the hearing at noon, via the Combined Legislative Meeting Calendar:

HTV1

MN House Information Services will be streaming on Facebook  Live.

Now we're going to read the bill. [End Update #3]

UPDATE #2: Just in by email from Peter Strohmeier, the House Environment and Natural Resources Division Committee Administrator:

Thursday, May 23, 2019 , 12:00 PM

Environment and Natural Resources Finance Division

Chair: Rep. Rick Hansen

Location: 5 State Office Building

Agenda:

Informational hearing on the Special Session Omnibus Environment and Natural Resources Bill.

Nonpartisan staff walk-through of articles and spreadsheets.

Materials will be provided when available.

No official action will be taken.

We'll let readers know about streaming media and documents for tomorrow's meeting as the details are made public. [end update #2]

UPDATE: The public informational hearing has been postponed until tomorrow, we're told. We'll update this post as information about the new time is available. [end update]

Late Wednesday morning, MinnPost's Walker Orenstein posted an in-depth look at the emerging shape of Special Session Omnibus Environment and Natural Resources Bill in Budget deal looks to address chronic wasting disease, even as Legislature sidesteps more controversial environmental issues.

More on that fine piece in a bit. Readers can take look at the budget agreement in a tweet by House Environment and Natural Resources Division Rick Hansen, DFL-S. St. Paul, (we used our ever-handy OED magnifying glass):

Signed 🖌Env Finance 🌳💧🦌😊🦆🦃🐝🎣🌾Budget 💵spreadsheet. Signed by Senate Leader Gazelka, Rep Hansen, MPCA Comm Bishop & DNR Comm @StrommenSarah. Thank you! #mnleg 🌎 pic.twitter.com/EtgIRAqwtI

— Rep. Rick Hansen (@reprickhansen) May 22, 2019

Or check out the spreadsheet here online.

According to a news release from the Minnesota House, "A copy of the bill will be available later and can be found here." That's the division's webpage; bills being heard are ordinarily posted beneath the "Upcoming Hearing" section in the upper right had corner of the page. The document has yet to appear.

Some of the shape of the final bill (had it been available before the session ended, it would be called a conference committee report) is sketched in the Orenstein piece. Here's a digest of some of that piece:

. . . In the race to finish an overall state budget — a task not yet accomplished — the CWD response was also one of the few notable initiatives to emerge from closed-door negotiations this week. A special session is expected later this week to pass a full budget, and many environmental issues that split the parties this year won’t move forward — like whether to ban a recreational wolf hunt or pass a law to cement the name Bde Maka Ska on the former Lake Calhoun — while others, like requiring a carbon-free energy grid by 2050, had yet to be decided or publicly discussed as of Wednesday morning.

 . . . Overall, lawmakers were given about $13.8 million in new general fund money over existing spending to distribute to environmental causes and state agencies, including the DNR and the Minnesota Pollution Control Agency. More than $4 million of that will be spent on increased costs at the DNR, such as rising salaries and insurance, Meier said. Another $2.7 million will go to legal fees for DNR and the MPCA for defending their actions in court, including a DNR decision to greenlight the PolyMet copper-nickel mine plan.

. . .The House had originally proposed $32 million in new general fund spending and a hike to several environment-related fees, while the Senate offered a $57 million cut but wanted to backfill some of the money with cash from fees and funds currently dedicated for other uses. “I see the ultimate budget as a true work in compromise and one that will get rid of some of those shifts and raids and transfers,” Meier said.

The surcharge for aquatic invasive species management — levied on three-year boat registrations — would rise from $5 to $10.60 under the plan.

While the natural resources conference committee was able to work out differences on most issues, Ingebrigtsen said several controversial policies did kick up to the powerful trio.

That included much-debated provisions to ban recreational wolf hunting, create a wild rice stewardship council and finalize the name Bde Maka Ska, Ingebrigtsen said. All, he added, were shot down since each of the three leaders needed to agree on a policy for it to move forward.

The Minnesota Court of Appeals ruled last month the DNR did not have power to change Lake Calhoun to Bde Maka Ska, although the agency is appealing the decision. While a state task force recommended lawmakers create a permanent panel to study wild rice and water pollution standards, some DFLers objected, saying there was not enough tribal representation or consultation involved.

A new carpet recycling program proposed by DFLers and a Republican plan to allow some two-line fishing did not make the final cut either, Hansen said.

One thing that did get a thumbs up from the leadership trio: naming the St. Croix River State Water Trail after former Vice President Walter Mondale. . . .

In addition to agreements on CWD-related provisions, Ingebrigtsen and Hansen’s committee is finalizing spending of lottery funds dedicated to the environment and their deal had dozens of new laws, including:

• A “No Child Left Inside” program for outdoor education championed by the DFL Grants for hunting, fishing and firearm safety wanted by Republicans amid declining participation in those sports were merged into the new program as well.
• Naming the rusty patched bumble bee as the official state bee.
• A bill to limit the extension of comment periods on some environmental reviews without approval from a business proposing a project, which raised some opposition from environmental groups.

The hearing itself, scheduled for 9:00 p.m. or at the call of the chair, will be video streamed via HTV 1. according to the Combined Legislative Meeting Calendar.

We're hoping it's streamed live on YouTube as well (bigger screen on the television). Audio streaming will also be available here.

Photo: Rusty patched bumble bee feeding on wild bergamot (Monarda fistulosa). This endangered pollinator may end up being Minnesota's state bee, if the legislature can get busy in the special session.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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Chronic Wasting Disease response legislation details emerge in Becker-Finn tweet thread

In an updated post published Monday, UPDATED: Lights out for Bambi in Senate GOP lights-on bill; could look better in budget deal, Bluestem noted a tweet by Roseville DFLer and Minnesota wild deer defender Jamie Becker-Finn about the Omnibus Environment and Natural Resource conference committee "large policy compromise in #mnleg Enviro conference committee! Includes CWD plan and #NoChildLeftInside."

The conference committee kicked decisions on language the Wild Rice Stewardship Council, naming a public space to honor Walter Mondale, and the wolf hunt to leadership. and so the omnibus environmental and natural resources bill didn't make the deadline for the final day of the session.

Here's what was discussed by the conferees about CWD, according to Becker-Finn's twitter commentary and photos of the language:

Here is the language re #CWD that was adopted by #mnleg conference committee yesterday. 🦌 It is not as strong as I think it needs to be but it is a good start given what we are up against.

Page 1 includes funding for U of M diagnostic test and fencing/gate changes. 1/5 pic.twitter.com/VsjvCD2nIg

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 2 of #mnleg #CWD language.

Changes to animal identification requirements and requires an annual inspection (now it’s a ‘must’ instead of a ‘may’) of entire fence perimeter & all animals 2/5 pic.twitter.com/k85pQDdfug

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 3 of #mnleg #CWD language 🦌

Increases annual fees for captive cervid business owners, specifies that those with herds for commercial purposes (including selling the ability to shoot animals) pay more. 3/5 pic.twitter.com/81F3TngGSz

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 4 of #mnleg #CWD language. 🦌

Mandatory depopulation with positive CWD in the herd, maintain fencing with biohazards signs for 5 years.

Quarterly reports/legislative oversight of Board of Animal Health, DNR, U of M research.

Set up account if federal funds available 4/5 pic.twitter.com/7WHsxH8r0J

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 5 is just #mnleg renumbering

Additional agreement not in this #CWD language re importation of hunter harvested cervidae and creating “adopt a dumpster” program to address safe disposal of potentially infected carcasses. 🦌 Global deal also includes $$ to DNR and BAH. 5/5 pic.twitter.com/do4fqnDVSg

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

We'll continue to track this issue as details about the final bill emerges. Readers can listen to audio from Monday at Conference Committee on SF2314 Part 1 and Conference Committee on SF2314 Part 2.

Readers should also check out Star Tribune Outdoors columnist Dennis Anderson's post from this weekend, Legislature is turning a blind eye to CWD in Minnesota.

Photo: A big wild whitetail buck.

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UPDATED: Lights out for Bambi in Senate GOP lights-on bill; could look better in budget deal

UPDATE 5/20/2019: A tweet by CWD action leader, state representative Jamie Becker-Finn, DFL-Roseville, from the Omnibus Environment and Natural Resources Conference Committee suggests that matters might be looking up as the committee works under the targets and guidelines set by Sunday's budget agreement.

She tweeted:

Passed large policy compromise in #mnleg Enviro conference committee! Includes CWD plan and #NoChildLeftInside 🦌🎣 pic.twitter.com/vDA0W7LEEC

— Jamie Becker-Finn (@jbeckerfinn) May 20, 2019

A clearer view of the House Policy Offer--adopted on a voice vote--from the Minnesota Center for Environmental Action:

Here is the language that is currently being discussed for adoption in the Environment conference committee #mnleg pic.twitter.com/7mfHZoVIXb

— MCEA (@MCEA1974) May 20, 2019

[END UPDATE]

On Saturday, Star Tribune outdoor columnist Dennis Anderson reported in Legislature is turning a blind eye to CWD in Minnesota:

Whenever the Legislature finally, and mercifully, ends its business in St. Paul, its lack of decisive action to contain chronic wasting disease (CWD) in Minnesota’s 1-million-animal-plus white-tailed deer herd will be among its major failures.

Now confirmed in 51 wild deer in the state and untold numbers of captive deer, CWD is on the wrong trajectory, threatening not only Minnesota’s $1 billion deer-hunting business and culture but, possibly, Minnesotans themselves.

Ever beholden, it seems, to the state’s agriculture industry, legislators, especially Republicans, have for years failed to act in even minimal ways to protect the public, passing on repeated proposals to at least require double-fencing of captive cervid operations, and failing as well to ensure the state Board of Animal Health, which oversees Minnesota deer and elk farms (kind of), does its job. . . .

Read the whole sad story at the Star Tribune. But there's more. Later in the day, Steve Karnowski reported in Senate GOP passes 'lights on' bill; no budget deal in sight:

But Democratic Senate Minority Leader Tom Bakk, of Cook, accused Republicans of bargaining in bad faith and suggested that the "lights on" bill was their real plan all along.

"What this is, is a new two-year budget for the state of Minnesota," Bakk said of the bill, which fits on one page. He said the bare bones approach would mean foregoing increased educational opportunities, higher local property taxes, fewer correctional officers in the state's prisons and no new broadband funding for rural Minnesota.

Sen. Carla Nelson denied that the bill is meant to be the state's next two-year budget.

What's not in that budget? A press memo from Ellen C. Anderson, Communications Director for the Office of Senate DFL Leader Tom Bakk, closed with this sentence noting that the new two-year Senate Republican budget means even more bad news for deer in Minnesota:

• No money for timely response to Chronic Wasting Disease across the state. The disease is spreading and threatens hunting and the state's economy.

Bambi can run, but there's no hiding from CWD.

Image: From MadTV''s infamous zombie Bambi satire. The dead deer corpses at an infected Crow Wing County pen-shooting deer farm reminded us of this moment in pop culture.

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MNDNR: 34 wild deer tested positive for CWD between November 2018 through April 2019

From Saturday morning's Legislative Update from the Minnesota Department of Natural Resources:

Chronic wasting disease sampling has wrapped up, with just over 8,000 samples collected and tested from November 2018 through April 2019, which will inform CWD surveillance zones and boundaries for the 2019 hunting season. Across the state, 34 wild deer tested positive for the disease: 27 in deer permit area 603 in southeastern Minnesota; six in southeastern Minnesota, outside of DPA 603; and one in north central Minnesota. (No wild deer tested positive for CWD in central Minnesota.) Since 2016, a total of 51 CWD positive wild deer have been identified. An overview of the DNR's test results have been provided to the Environment and Natural Resources Omnibus bill Conference Committee and is available here.

From 2003-2019, an estimated $8.4 million has been spent from the Game and Fish Fund for Surveillance and Response in relation to Chronic Wasting Disease in Minnesota. A breakdown of how those funds have been spent has been provided to the Environment and Natural Resources Omnibus bill Conference Committee and is available here.

Photo: A wild whitetail.

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Agriculture Policy conferees reach agreement

In Agriculture policy set to finish first as conferees reach agreement, Session Daily's Erin Martin reports:

One down and many others to go.

Approved Wednesday morning, the omnibus agriculture policy bill is the first omnibus bill to be wrapped up by its conference committee.

Sponsored by Rep. Jeanne Poppe (DFL-Austin) and Sen. Bill Weber (R-Luverne), HF1733 next needs to repassed by the House and Senate before going to the governor for his signature.

The process was sped significantly by the removal of some provisions that are included in the omnibus agriculture, food and housing finance bill. That measure awaits conference committee action.

Notable provisions in the bill would:

• modify aquaculture regulations for saltwater practices;
• add rest stop contractors to the list of state employees eligible for a reduced pesticide applicator licensing fee;
• allow the Dept. of Agriculture to approve alternate practices for balled and burlapped nursery stock;
• create a custom-exempt food handlers license for those handling products not for sale;
• modify shelf-life regulations for eggs;
• extend the Organic Advisory Task Force by five years;
• allow the agriculture department to waive farm milk storage limits is the case of hardship, emergency, or natural disaster, and modify milk/dairy labelling requirements;
• modify labelling for cheese made with unpasteurized milk;
• expand the agriculture department’s power to restrict food movement after an emergency declaration;
• modify eligibility and educational requirements for beginning farmer loans and tax credits;
• modify the methane digester loan program to allow previous borrowers who have paid off a loan to access the program a second time;
• increase participation limits for the opportunity loan program; and
• exempt truck washes from the swine basin prohibition.

Rep. Samantha Vang (DFL-Brooklyn Center) unsuccessfully tried to add a provision to grant the agriculture department the authority to delegate duties relating to the use, storage, and disposal of pesticides to cities of the first class. It failed on a 3-3 vote.

Gene Ramieri, director of public relations for the city of Minneapolis, cited an incident in which the city lost bee hives due to pesticide use, as well as increased pesticide use, as cause for concern.

But the issue may be moot, as the department may not have authority to delegate pesticide regulation to cities, according to Assistant Commissioner Susan Stokes. She added that Commissioner Thom Peterson [sic] plans to meet this summer with city stakeholders to better understand their concerns.

Readers can check out the Conference Committee Report HF 1733 Omnibus agriculture policy bill here. Today's meeting audio is available in the archives here, arranged by date and bill number.The discussion of the Vang effort is especially interesting, with Ramieri stressing that the pesticide issue isn't a preemption, but a delegation.

Land Stewardship Project Organizer Amanda Babcock tweeted praise for Vang:

Thank you for speaking up in support of #localcontrol over pesticide use in first class cities, @RepSamanthaVang and @founghawj. Disappointing that the @MNagriculture didn’t testify in support for this for just four MN cities.

— Amanda Babcock (@amandanbabcock) May 15, 2019

As Rep. Poppe stressed throughout the meeting, Ag Finance is an whole 'nother bill.

Photo: A farmer combining corn. Via UMN Extension.

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Guest post: Senate language defining feedlots as pasture could mean more manure in waters

by Paul Sobocinski
Originally published by the Land Stewardship Project

Minnesota's state leaders have the power and responsibility to act in the best interest of all Minnesotans, as well as our water and land. We rely on our state to ensure we have safe water to drink, clean air to breathe, and healthy land to pass down to the next generation. But right now, Big Ag interests are working hard to write special laws for themselves at the expense of the rest of us.

I know that family livestock farmers like me respect the inherent value of our land. We want to leave our farms better than when we found them, and make sure all members in our communities have access to safe water, clean air, and healthy land. On my farm, I raise livestock on pasture and on feedlots. Because these systems differ, they have to be treated differently—our state does that.

On pasture, manure is held in place on the land and the vegetative cover works as a filter that can actually improve water quality. In feedlots, the ground has no living cover, livestock herds are held more densely, and manure is prone to run off if not managed well. Because of this, feedlots are appropriately regulated by the Minnesota Pollution Control Agency (MPCA) to protect our water quality.

I was involved when our state government created a definition for “pasture.” It was carefully crafted in a way that values our pastured livestock and our natural resources, keeping in sync with the science. As currently defined under Minnesota law, pasture is appropriately exempt from feedlot regulation by the MPCA.

But if a Big Ag-backed provision in the Senate’s proposed Agriculture Budget Bill and its proposed Agriculture Policy Bill goes through, certain feedlots will be able to qualify as pasture. Incredibly, this provision creates a new exemption for land without vegetation so that it can be considered "pasture." Pasture without plants growing on it? It simply doesn't make sense. This is especially problematic because the MPCA does not have regulatory authority over pastures, only feedlots. Land that is in essence a feedlot could be exempt from state laws that protect land, water, and rural communities.

Although Big Ag is selling it as simply “consolidation of existing statute,” new language is introduced throughout the provision. In fact, this language, according to Senate rules, is under the jurisdiction of the Environment and Natural Resources committees, not the Agriculture committees. (This Land Stewardship Project letter to legislative leaders has details on the language.)

Simply put, this is bad legislating and is just a way of writing special rules for special interests and not following the rules of our legislative process, which puts our rural communities at risk. Our Legislature must hold itself to a higher standard.

The definition of pasture must be protected—our farms, communities, land, water, and air are at risk. Farmers like myself who have incorporated pasture into our farming operations are raising livestock on a whole set of diverse principles that include rotational grazing and managed livestock density that protect the pasture’s plant systems. Some of us have special markets because certain consumers highly value livestock not raised in confinement. Pastures are not feedlots and allowing that game to be played for a few special interests is wrong. Keeping our current law in place is the right thing to do.

As the 2019 session of the state Legislature heads into its final days, Minnesotans need to speak up and tell their legislators to oppose this provision. You can take action here.

Land Stewardship Project organizer Paul Sobocinski raises livestock in southwestern Minnesota's Redwood County.

For more details on the change--and the court case that inspired it, check out the factsheet from the Minnesota Center for Environmental Action:

Photo: This feedlot would be defined as "pasture" by the Senate version of the Ag bill. The image is of the producer who lost in court over the definition of pasture—this is the feedlot they are hoping to qualify as a pasture. See factsheet above.

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Mankato Free Press scolds Jeremy Munson for "approach befitting a third grader" on Almanac

In a recent editorial, Our View: Place names Choose the parts of history to honor, the Mankato Free Press editorial board noted local state representative Jeremy Munson's tasteless Bde Maka Ska/bidet crack on Almanac:

In that context, let us note that Rep. Jeremy Munson, R-Lake Crystal, went on TPT’s “Almanac” on Friday to defend the Calhoun name and apparently thought it advanced the discussion to make a smirking bathroom pun off the Bde Maka Ska name. That’s an approach befitting a third grader, not a state representative.

There's that. Bluestem observed in Random white guy with an opinion on PBS thinks Sioux & Dakota fought war against each other that Munson's profound ignorance about the Dakota people--he observed off the bat that the Dakota had displaced the Sioux from the shores of Bde Maka Ska, not realizing that both terms are names for the same tribal nation--made us wonder what it took to get on Almanac to say ill-informed and vulgar things about indigenous Minnesotans.

The Mankato Free Press is South Central Minnesota's news leader, and likely the paper with the largest circulation in Munson's district.

Screengrab: Munson espousing his opinions about indigenous history on Almanac. Why was he paired with someone who could cite law, the facts of the recent recovery of the lake's Dakota name? Was Almanac hoping for the potty joke?

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MN House passes MMIW bill (again), North and South Dakota bills became law earlier this year

Once again, the Minnesota House has passed a bill to create a task force to address the brutal facts of missing and murdered indigenous women and girls. At Session Daily, Tim Walker reports in House OKs bill to address ‘historic epidemic’ of violence against indigenous women:

On the House floor Thursday, lawmakers heard stories of violence, rape, death, injustice and other trauma affecting Native American women and girls at rates far above other populations.

Murder is the third-leading cause of death for 10- to 24-year-old indigenous girls and women, said Rep. Mary Kunesh-Podein (DFL-New Brighton).

“This is a real historic epidemic” that can finally be addressed, said Kunesh-Podein, who sponsors HF70. The bill would create a task force to analyze systemic reasons for the high rate of violence against Native American women and girls in the state and track the number of those who have gone missing, most presumably dead or victims of sex trafficking.

Passed 128-0, the bill goes to the Senate where Sen. Patricia Torres Ray (DFL-Mpls) is the sponsor.

The vote came after several representatives, including Kunesh-Podein and Rep. Jamie Becker-Finn (DFL-Roseville), recited names and told the tragic stories of several women that have recently come to light.

Both representatives have Native ancestry, and both said it’s important to speak the names of those indigenous women and girls who have been traumatized by violence because mainstream society has kept them in the shadows for far too long.

“We are more than our traumas, we are survivors and we are still here,” said Becker-Finn. “Your stories matter, and I hear you.”...

Read the rest at Session Daily. Here's the video of the floor debate:

Here's hoping the Senate passes Sen. Patricia Torres Ray's companion bill. Nationally, this isn't a partisan issue. Here in South Dakota, News Center 1 reported n late March in Bill addressing missing and murdered indigenous persons signed into law:

A bill designed to address the problem of missing and murdered indigenous persons has been signed into law.

Gov. Noem signed Senate Bill 164 last week. The bill would lay out guidelines for how law enforcement officials handle and report on cases of missing and murdered indigenous persons.

It would also establish additional training programs for law enforcement on how to conduct investigations into such cases.

For decades, advocates have voiced concern at the issue of missing and murdered Native American persons, particularly women and children.

Indigenous women, who make up less than one percent of the population, represent a disproportionately high number of ongoing missing person cases in the U.S.

Additionally, the Department of Justice reports that Native American women are murdered at ten times the national rate, according to Sen. Lynne DiSanto, the main sponsor of the bill.

There’s also been an overall lack of coordination and data collection due to a breakdown in communication between tribal governments, the FBI and local agencies.

The new law will require that the Division of Criminal Investigation prepare and distribute uniform guidelines on reporting and investigating these cases to law enforcement agencies throughout South Dakota.

Annita Lucchesi, a doctoral student at the University of Lethbridge, worked to establish an estimate of the number of indigenous women and girls that have gone missing or been murdered in South Dakota, Montana and North Dakota since 1972.

She found a total of 296 documented cases between the three states. Of those, 30 are still active missing person cases, 192 are murders and 74 have an unknown status — in which it isn’t clear whether they’ve been found or not.

According to Rep. Tamara St. John, there are likely many more undocumented cases.

Advocates say the issue has long been on the minds of many in the Native American community, and that they hope the new law will help better protect indigenous women going into the future.

Archivist for the Sisseton-Wahpeton Oyate of Dakota, St. John represents SD1, which includes much of the Lake Traverse Reservation on the Minnesota border. The SWO, many of whom lived in Minnesota before the 1862 US-Dakota War, negotiated a treaty in 1867 for the reservation.

In her remarks on the floor, Kunesh-Podein discusses the urban dimension of the crisis. The death this winter of SWO member Amber Hopkins, reported in the Star Tribune article, Death of woman found in Minneapolis snow pile haunts family and community, ties the tragedy together across state lines and other jurisdictions.

Part of the Lake Traverse Reservation is In North Dakota. Forum Communications reported in Bills to curb violence against indigenous people, human trafficking sent to North Dakota governor:

A package of legislation aimed at preventing human trafficking and violence against indigenous people is heading for Gov. Doug Burgum’s desk.

Freshman Rep. Ruth Buffalo, D-Fargo, first brought forward one of the bills, House Bill 1313, to create a database for missing indigenous people. But the legislation expanded to include all North Dakotans because the state doesn’t collect this data.

Already approved by the North Dakota House, the bill passed the state Senate unanimously Friday, March 29.

Two other related bills with Buffalo as the main sponsor have been sent to Burgum: House Bill 1311 for law enforcement training on cases of missing and murdered indigenous people, and House Bill 1507 to prevent human trafficking by training hotel employees.

Such training would be encouraged – not mandated like in Minnesota. . . .

Governor Burgum signed HB1313 according to West Dakota Fox's Gov. Burgum signs bill for missing/murdered indigenous people database:

Gov. Burgum has signed the first of two bills sponsored by Rep. Ruth Buffalo, D-Fargo, designed to fight the crisis of missing and murdered indigenous people.

HB 1313 would create a North Dakota specific database for missing persons. The Bureau of Criminal Investigation says every missing person is put into the national system run by the FBI but they can't search that place for a list of every missing person in North Dakota.

As for the other bills, on April 1, Burgum signed HB1311, which would train law enforcement personnel  "on missing and murdered indigenous people." HB1507, voluntary human trafficking prevention training for hospitality industry personnel, was signed by Burgum on April 4.

Given that on the federal level Savanna's Act is Back and seems to be going nowhere, it's good that states are working on this issue. Savanna's Act was originally introduced by former North Dakota US Senator Heidi Heitkamp, passed the Senate and then was stalled in the House late last year by retiring Congressman Bob Goodlatte. The bill is named for Savanna LaFontaine-Greywind, Spirit Lake Dakota and Turtle Mountain Chippewa, who was eight months pregnant when she was brutally murdered and her child cut from her womb.

Does the increased presence of indigenous women legislators in the Minnesota, South Dakota and North Dakota legislature lead to the passage of bills like those discussed above? As Rep. Jamie Becker-Finn noted on the floor  (and we paraphrase), the perception of native women as leaders, not merely victims. "We are more than our traumas, we are survivors and we are still here," she noted. We're happy that Ruth Buffalo, Tamara St. John, Kunesh-Podein and Becker-Finn are now in office.

Photo: Rep. Mary Kunesh-Podein gives the thumbs-up to supporters and advocates in the House Gallery after HF70 is passed on the House Floor May 9. It would establish a Task Force on Missing and Murdered Indigenous Women. Photo by Andrew VonBank, via Session Daily.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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Board of Animal Health: 7 more deer test CWD positive at Crow Wing Co's Trophy Woods Ranch

News digest update May 9: At the Duluth News Tribune, John Myers reports on the story in CWD confirmed in seven more deer from Brainerd-area game farm. John Enger reports at Minnesota Public Radio in Chronic wasting found in 7 deer on Crow Wing Co. farm.

On social media, we learned that the news was taken up in the Omnibuzz Environment and Natural Resources budget bills conference committee:

Dr. Beth Thompson from Board of Animal Health is testifying. She describes a depopulated cervid farm where some of the specimens were unable to be tested due to decomposition. i.e. Dead deer rotting on the premises. #mnleg

— Clay Schwartzwalter (@ClaytheSchwartz) May 8, 2019

The Environment budget conference committee has gaveled back in and is currently hearing from the Board of Animal Health about CWD and today's news about CWD at a Crow Wing county "pay for hunt" facility. #mnleg https://t.co/jz7Ykt7kMN

— MCEA (@MCEA1974) May 8, 2019

[end update]

Bluestem has been following news of chronic wasting disease in  both wild and captive deer in Crow Wing County. Just in from the Board of Animal Health:

The Minnesota Board of Animal Health received Chronic Wasting Disease (CWD) test results from the depopulation of a Crow Wing County deer farm on April 16. A total of 102 deer were removed from the farm and all viable samples were sent to the USDA’s National Veterinary Services Laboratory for CWD testing. The results are as follows:

7 CWD positive
82 CWD not detected
13 too decomposed/unsuccessful test

“We appreciate the cooperation of the herd owner and the collaboration of the other state and federal partners we’ve worked with to depopulate this farm and get these CWD test results,” said Board Assistant Director Dr. Linda Glaser. “The results give us a clearer picture of the disease prevalence on the farm as we continue our efforts to contain and eliminate any remaining infectious CWD prions in the enclosed property.”

CWD is a difficult disease because it is transmitted by abnormally shaped proteins called prions, which are very resistant to traditional disinfection treatments like heat and chemicals. Depopulation is currently the best available management option to control CWD in cervid herds. After a herd is depopulated there is still a risk of environmental contamination. The land will remain fenced and no farmed cervids may be housed on the site for a period of at least five years to reduce the risk of the disease being spread off the site.

CWD testing is part of many mandatory measures placed upon Minnesota’s farmed cervid herds to monitor and control this disease. Current testing procedures require samples taken from the brain and lymph nodes of the animal, and there are no live-animal sampling procedures at this time.

CWD is a disease of the deer and elk family caused by prions, which can damage brain and nerve tissue. The disease is most likely transmitted when infected deer and elk shed prions in saliva, feces, urine, and other fluids or tissues. CWD is not known to naturally occur in other animals. The disease is fatal in deer and elk, and there are no known treatments or vaccines. Consuming infected meat is not advised.

The seven new positive tests illustrate that deer at the farm continued to be infected. Readers may remember the role the Crow Wing County farm played in earlier discussions of CWD during the Minnesota legislative session.

Bluestem posted CWD found in Crow Wing County wild doe; Walz to up funds for DNR & Board of Animal Health and CWD news digest: county board backs off on sharpshooter ban, Merrifield meeting & more. See also the discussion of the Crow Wing County farm in Fabian donor: Kittson County deer farmer battles scientists, DFL lawmakers in Facebook videos. We also recommend VIDEO: Ag & Food Division hears CWD bills.

We reported on the depopulation of the herd in Board of Animal Health: Crow Wing Co CWD positive deer farm depopulated, USDA pays for it

Map: The location of the dead doe that was found in Crow Wing County that was infected with Chronic Wasting Disease and the Trophy Woods Ranch, where a number of deer tested positive for CWD in 2016 and 2018. The captive deer on the farm have been euthanized and were tested for CWD; the Board of Animal Health press release discusses the results of that test.. Via DNR.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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Protest & dissent: Tony Jurgens' rude behavior in House retiring room toward Jamie Becker-Finn

Update: See the May 6, 2019 Republican Protest and Dissent directed toward Rep. Becker Finn and Speaker Melissa Hortman, posted below. [end update].

While the Star Tribune reported in April that Lawmakers, lobbyists describe cautious Capitol in wake of #MeToo, a recent item in the Journal of the House suggests that not every lawmaker is being cautious about his behavior while the House is conducting business.

State representative Tony Jurgens, R-Cottage Grove, was called out for "aggressive, inappropriate behavior following a vote on the House floor on April 29, 2019" in a protest and dissent letter signed by a long list of his DFL colleagues.

From the May 2, 2019 Journal of the House, beginning on page 5582:

Pursuant to Article IV, Section 11 of the Minnesota Constitution, we the undersigned Members of the Minnesota House of Representatives register our protest and dissent against Representative Tony Jurgens for his aggressive, inappropriate behavior following a vote on the House floor on April 29, 2019.

The House Code of Conduct Policy for the Minnesota House of Representatives, pursuant to House Rule 9.01, states:

"A State Representative and an officer or employee of the House of Representatives shall:

Respect the principles of representative democracy, by exemplifying good citizenship and High personal integrity, and by observing the letter and spirit of laws, and House Rules…

Treat everyone with respect, fairness, and courtesy…

Exercise sound judgement."

Further, the Minnesota House of Representatives Policy Against Discrimination and Harassment states:

"All those involved in the legislative process have a responsibility to contribute to a safe and respectful work environment."

Following a roll call vote on an amendment regarding child custody, on the legislative day of April 29, 2019, Representative Tony Jurgens angrily struck his desk. The sound can be heard on the video recording of the proceedings. Rep. Jurgens then walked off the House floor to the retiring room. Upon entering the retiring room, Representative Jurgens approached Representative Jamie Becker-Finn. Representative Becker-Finn was seated at a table, watching the floor proceedings on a television with her back towards Rep. Jurgens. Rep. Jurgens stood quietly a few feet behind Rep. Becker-Finn for a few seconds and then moved aggressively towards Rep. Becker‑Finn. Rep. Jurgens then slammed his hand down on the table with force, causing a loud bang and startling Rep. Becker-Finn and others in the room. Rep. Jurgens hit the table with enough force that the sound could be heard in the House chamber. Rep. Jurgens then leaned across the table towards Rep. Becker-Finn, making eye contact, and angrily stated "I'm glad you think this is funny!" ostensibly in reaction to the outcome of the vote on the previous amendment regarding child custody. A staff person then intervened and ushered Rep. Jurgens away from Rep. Becker-Finn.

We the undersigned find Rep. Jurgens' aggressive behavior towards Rep. Becker-Finn unacceptable. Rep. Jurgens did not act with respect or exercise sound judgment and therefore violated House rules and policies. We do not condone violence or intimidation of any kind and admonish Rep. Jurgens for his actions. We further request that the Speaker, Minority Leader and House Human Resources do all that is within their power to ensure the safety of everyone in our State Capitol.

Signed,

Jamie Becker-Finn                                               Carlos Mariani

Kelly Moller                                         Kelly Morrison

Alice Mann                                                               Samantha Vang

Ruth Richardson                                Zack Stephenson

Brad Tabke                                                              Ami Wazlawik

Steve Elkins                                            Jennifer Schultz

Kristin Bahner                                     Liz Olson

Jamie Long                                                                Robert Bierman

Diane Loeffler                                      Anne Claflin

Mohamud Noor                                     Michael Nelson

Tina Liebling                                          Laurie Pryor

Carlie Kotyza-Witthuhn                              Fue Lee

Mary Kunesh-Podein                         Patty Acomb

Frank Hornstein                                  Hodan Hassan

Dan Wolgamott                                    Jim Davnie

Jay Xiong                                                   Tou Xiong

Jean Wagenius                                        John Persell

Todd Lippert                                            John Huot

Ginny Klevorn                                       Rick Hansen

Raymond Dehn                                       Shelly Christensen

Duane Sauke                                            Jeff Brand

Cheryl Youakim                                  Dave Pinto

Peter Fischer                                         Connie Bernardy

Mike Freiberg                                        Steve Sandell

Rena Moran                                          Michael Howard

Heather Edelson                                 Aisha Gomez

Ryan Winkler                                         Laurie Halverson

Sandra Masin

Bluestem has heard that some Republicans are now mocking the document, as if it’s a joke that a woman could be frightened by an aggressive angry man. Shame on them.

Is there a bug going around infecting Minnesota House Republican men? See also:

• In more sober moments than Saturday morning, lawmaker has more respect for hospital staff
• Random white guy with an opinion on PBS thinks Sioux & Dakota fought war against each other

UPDATE: In the Monday, May 6, Journal of the House, the Republicans fired back:

PROTEST AND DISSENT

Pursuant to Article IV, Section 11 of the Minnesota Constitution, we the undersigned Members of the Minnesota House of Representatives register our protest and dissent against Representative Jamie Becker-Finn for her disrespectful and inappropriate behavior following a vote on the House floor on April 29, 2019, and against Speaker Melissa Hortman for her inconsistent handling of disputes between legislators.

The House Code of Conduct Policy for the Minnesota House of Representatives, pursuant to House Rule 9.01, states:

"A State Representative and an officer or employee of the House of Representatives shall:

Respect the principles of representative democracy, by exemplifying good citizenship and High personal integrity, and by observing the letter and spirit of laws, and House Rules…

Treat everyone with respect, fairness, and courtesy…

Exercise sound judgement."

Journal of the House - 47th Day - Monday, May 6, 2019 - Top of Page 5612

     During a roll-call vote that would establish a presumption of 50 percent/50 percent shared parenting during divorce proceedings, members of DFL leadership were observed pressuring members of the House DFL caucus, ultimately leading to four votes switching from ‘yes’ to ‘no’ and the failure of the amendment on a 67-67 tie. Following the vote, Representative Marion O’Neill rose and delivered an emotional, personal speech to express her profound disappointment with the events during the previous roll-call. Representative Becker-Finn was observed watching the speech being delivered by Representative O’Neill, gloating and laughing about the previous events. Her behavior was blatantly disrespectful of the positions and emotions expressed by the bipartisan group of lawmakers who supported the shared-parenting amendment, and unbecoming of a state legislator.

     Earlier this session, following intimidating, hostile, and aggressive behavior by a male DFL Chair against a female member of the House Republican Caucus, Speaker Hortman asked for the matter to be handled privately, behind closed doors. That same courtesy was not extended when dealing with a Republican member who expressed frustration with Rep. Becker-Finn’s actions. Speaker Hortman’s inconsistent handling of these situations is disappointing, detrimental to the work environment of the Minnesota House of Representatives, and harmful to the working relationship between the majority and the minority.

     We the undersigned find Rep. Becker-Finn’s behavior disrespectful and unbecoming of a legislator. Rep. Becker‑Finn did not act with respect, fairness, and courtesy, and therefore violated House Conduct policies pursuant to House Rule 9.01. We the undersigned further find Speaker Hortman’s handling of these incidents as harmful to the work environment of the Minnesota House and admonish not only Rep. Becker-Finn’s behavior, but Speaker Hortman’s inconsistent treatment of disputes between legislators.

Signed,

Kurt Daudt                                                              Rod Hamilton

Anne Neu                                                    Gregory M. Davids

Marion O'Neill                                       Nels Pierson

Peggy Scott                                                             Bob Gunther

Jon Koznick                                                              Brian Daniels

John Poston                                                             Sandy Layman

Bob Dettmer                                           Brian Johnson

Nick Zerwas                                                            Josh Heintzeman

Nathan Nelson                                      Dale Lueck

Chris Swedzinski                                 Linda Runbeck

Ron Kresha                                                              Duane Quam

Joe Schomacker                                   Glenn Gruenhagen

Tony Albright                                       John Heinrich

Dave Baker                                                              Tim O'Driscoll

Paul Torkelson                                    Sondra Erickson

Greg Boe                                                    Matt Grossell

Barb Haley                                                              Dean Urdahl

Jerry Hertaus                                       Nolan West

Steve Green                                                             Tony Jurgens

Jeff Backer                                                              Eric Lucero

Peggy Bennett                                       Joe McDonald

John Petersburg                                  Kristin Robbins

Bud Nornes                                                               Steve Drazkowski

Debra Kiel                                                                Jeremy Munson

Lisa Demuth                                                            Tim Miller

Tama Theis                                                              Cal Bahr

Dan Fabian                                                                Shane Mekeland

Jim Nash                                                      Mary Franson

Bob Vogel

We hadn't read this Protest and Dissent when we posted on the earlier document. We're curious why the Republicans are so shy about the identity of the supposedly "intimidating, hostile, and aggressive behavior" by a DFL chair earlier in the session--and why the accusations against Becker-Finn took so long.

Photo: Tony Jurgens was looking tough in this 2017 personal Facebook page profile picture. Guess he had to channel this inner child in the House retiring room last month.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email [email protected] as recipient.

In more sober moments than Saturday morning, lawmaker has more respect for hospital staff

UPDATE, May 9: In Additional citation filed against Minnesota lawmaker arrested over weekend, published Tuesday in the Pioneer Press, Mara Gottfried and Dave Orrick report:

A state lawmaker is now charged with disorderly conduct for allegedly scuffling with a security guard at a St. Paul bar, hours before he was cited for refusing to leave a nearby hospital.

Rep. Matt Grossell, who was arrested Saturday, pushed a security guard several times before pulling him to the ground, according to the misdemeanor charged filed in Ramsey County District Court Tuesday.

“Rep. Grossell is remorseful about his conduct that night; it does not reflect his true character or the hard work he gives to the state of Minnesota,” his attorney, Ryan Garry, said Wednesday. “We will address the legality of any citations in court.” . . .

Grossell told an officer working at the hospital that he needed to know why he was brought there. He stated he was in the House of Representatives and a retired police chief and he deserved to know, Ernster said of what was recorded in the police report. . . .

It’s unclear whether Grossell will face consequences at the Legislature for his arrest, but there were no signs any were being seriously considered as of Wednesday.

There is no firm precedence or policy for alleged transgressions by lawmakers that occur outside the Capitol and do not involve fellow state employees or sexual allegations.

The Republican Party is in the minority in the House, and Grossell holds no leadership position in the caucus, so it’s uncertain how the caucus could sanction him.

[end update]

 

By now, news of the early Saturday morning arrest of Clearwater Republican state representative and retired deputy sheriff Matt Grossell for trespassing has been tweeted mercilessly since Deanna Weiniger and Dave Orrick scooped the story for the Pioneer Press.

More details emerged Sunday at the PiPress in Kristi Belcamino's Minnesota lawmaker arrested after incidents at hotel bar, Regions Hospital, police say:

Police say Rep. Matt Grossell, R-Clearbrook, was arrested for trespassing Saturday morning when he refused to leave a hospital he’d been taken to after acting disorderly and intoxicated and pushing a security guard at a local hotel.

Investigators said shortly before 1 a.m. Saturday police were called to the Best Western Plus Capitol Ridge at 161 St. Anthony Ave. in St. Paul by hotel security who said there was an intoxicated man acting disorderly in the bar.

The man was identified as Matthew John Grossell, 53, of Bagley, Minn., according to St. Paul police public information officer Sgt. Michael Ernster.

Once officers arrived, they wanted to check on Grossell in his hotel room to make sure he was OK. After doing so, officers didn’t believe he could care for himself and called for paramedics to evaluate him after he couldn’t answer basic questions, Ernster said.

Grossell was taken to Regions Hospital where he was evaluated and cleared by hospital staff. However, Ernster said, Grossell refused to leave the hospital and became argumentative with staff. Security told him if he didn’t leave he would be arrested for trespassing. When he refused, he was arrested, transported to Ramsey County Jail and booked for misdemeanor trespassing, police said.

We're surprised by the lawmaker's aggressive behavior with the hospital staff, since he's on record supporting added penalties for individuals who attack firefighters, EMTs and hospital staff. On January 1, Grossell posted on one of his Facebook pages:

I've got legislation that will increase the penalty for attacks against our MN Firefighters, EMT's and Medical Personnel in our hospitals but the MN Senate Judiciary Chair, Limmer, won't support my bill and asks 'Why do these people deserve more protection than the average citizen'. Hmmm let me think, BECAUSE THEY PUT THEMSELVES SELFLESSLY OUT THERE IN EMERGENCY SITUATIONS TO HELP OTHERS IN THEIR TIME OF NEED UNLIKE THE AVERAGE CITIZEN. Please share this far and wide and encourage our MN Senate Judiciary Chair to support protecting our emergency services personnel.

The note accompanied a bloody image of an attacked first responder that Grossell shared:

Grossell's bill is HF421:

Section 1.

Minnesota Statutes 2018, section 609.2231, subdivision 2, is amended to read:

Subd. 2.

Firefighters and emergency medical personnel.

(a) Whoever physically
assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a
felony and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $4,000, or both gross misdemeanor:

(1) a member of a municipal or volunteer fire department or emergency medical services
personnel unit in the performance of the member's duties; or

(2) a physician, nurse, or other person providing health care services in a hospital
emergency department.

(b) Whoever commits either of the following acts against a person identified in paragraph
(a), clause (1) or (2), is guilty of a felony and may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $6,000, or both:

(1) physically assaults the person and the assault inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

EFFECTIVE DATE.

This section is effective August 1, 2019, and applies to crimes committed on or after that date.

It's a fortunate that Grossell only shoved the hotel security officer--and merely became argumentative with hospital staff, or we'd have to call him out for hypocrisy while intoxicated.

We wondered if the taxpayers picked up the tab for the hotel room. Greater Minnesota legislators who live outside of fifty miles (2017-2018 rulees and 2019 rules) from the capitol do get paid housing of up to $1800 per mont, and the hotel--formerly the Kelly Inn--is a favorite for lawmakers and lobbyists given its closeness to the state capitol. Or so we're told. Member expenses for 2018 may be viewed here.

Whatever the case, we hope that Rep. Grossell taps into his faith in a higher power and addresses the consequences of his behavior. Let's hope that for the rest of the session, all Minnesota House and Senate members remain civil to all service, emergency and medical personnel--heck, everybody.

Photo: From the Pioneer Press, Grossell front and center during the Pledge of Allegiance on opening day.

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Random white guy with an opinion on PBS thinks Sioux & Dakota fought war against each other

Maybe state representative Jeremy Munson wasn't the best guest for an Almanac segment on the Bde Maka Ska controversy. We have to wonder--and not for the first time--what goes through the producers and hosts minds when guests are booked.

On Friday night, TPT's Almanac featured Lake Crystal New House Republican Jeremy Munson, of whom host Erik Eskola said was "skeptical of changing names of historic places." 

Given Munson's basic historical illiteracy about the names of Minnesota's indigenous people, we wonder just why the hell this fellow was paired with Roseville DFL state representative Jamie Becker-Finn, who is Leech Lake Band of Ojibwe descendant who grew up in the Cass Lake area. She's also a lawyer who is a member of the House Minnesota's People of Color and Indigenous Caucus.

Twitter is reacting to a clip of the Almanac segment posted by the Minnesota Senate District 42 DFL's YouTube Channel (and we'll get to that reaction in a bit), but we're most amazed about Munson's account of indigenous conflict beginning at the 1:38 mark.

Around the 1:28 mark, Eskola asks the panelists "What's the harm?"

Munson replies:

The lake's been named Lake Calhoun for a 180-plus years,and I think Representative Becker-Finn is correct. We should look at the history when we are assessing a name and 300 years ago, there was a war at Taylor Falls between the Sioux and the Dakota, and the Sioux were actually the ones who were long before the Dakota around this lake, so who gets to name the lake I think is an important question we should ask.

Here's the clip of Munson's remarks:

Students of Minnesota history--indeed, probably many small schoolchildren--know that "the Sioux" and "the Dakota" are names for the same groups of indigenous Minnesotans (indeed, the ones who came up with the name for the state). In Dakota Homeland, part of the Minnesota State Historical Society's US- Dakota War of 1862 website, we read:

"Even today, you live in the United States of Dakota.  All of this is Dakota Territory."

Ray Owen, Prairie Island Indian Community, 2010

Mni Sota, according to the oral histories of many, has been Dakota homeland for thousands of years. "Dakota” is a word for “ally” and is most likely a reference to the Oceti Ŝakowiŋ (Seven Council Fires)—or main political units—of the Dakota people. The name "Sioux" has also been used for Dakota people. The Ojibwe (Anishinaabe) called the Lakota and Dakota "Nadouwesou" meaning "adders," or possibly referring to "the people of the snaking river" or "people like snakes in the grass." French newcomers mispronounced this name, calling the nation "Sioux."

More about the  Oceti Ŝakowiŋ (Seven Council Fires) on the project's page about the indigenous people's political divisions:

Mitakuye oyasin: "All are related"

From Oceti Šakowiŋ: The Seven Council Fires. MNHS Collections. 

Historically, there were seven major divisions — "council fires" — of the Dakota, each with a distinct but similar culture. Bdewakaŋtoŋwaŋ, The Spirit Lake People (Mdewakanton); Waĥpekute, The Shooters Among the Leaves People (Wahpekute); Waĥpetoŋwaŋ, The People Dwelling Among the Leaves  (Wahpeton); and Sisitoŋwaŋ, People of the Fish Village(s) (Sisseton), are referred to as the Santee or Eastern Dakota.  Ihaŋktoŋwaŋ, Dwellers at the End (Yankton); and Ihaŋktoŋwaŋna, Little Dwellers at the End (Yanktonai), are referred to as the Western Dakota or often as the Nakota; and the Tituŋwaŋ, Dwellers on the Plains (Teton) are called Lakota. The historic alliance of these divisions has been known variously over time as the Sioux, the Great Sioux Nation, or Oceti Ŝakowiŋ, the Seven Council Fires. Today Dakota, Lakota, and Nakota tribal governments and communities are located in Minnesota, North and South Dakota, Nebraska, and Montana in the United States, and Alberta, Manitoba and Saskatchewan in Canada.

Learn more by hearing oral histories of members of Dakota communities.

No, the Sioux and Dakota didn't fight a war among themselves. We suspect he was groping for the name Ojibwe (Anishinaabe)--or Chippewa--though he makes incorrect claim about history andtribal names with utter confidence.

Watch the entire clip here.

Twitter reacts to his potty mouth

We first saw the segment on twitter, as tweepsters responded to the clip. Becker-Finn was civil:

I was on @tptAlmanac last night to discuss #BdeMakaSka . Opposing viewpoint was . . . interesting.https://t.co/zJ3NgjsO96

— Jamie Becker-Finn (@jbeckerfinn) May 4, 2019

Here's Tony Webster:

Minn. Rep. @jeremymunson on Almanac: “If we're gonna stick with the name of Bde [Maka Ska, quipping on how it sounds like ‘bidet’], I think we should put a fountain in the middle of it.”

Rep. @jbeckerfinn: “I mean, that's just inappropriate and disrespectful to the language.” pic.twitter.com/q6lYjQyBat

— Tony Webster (@webster) May 4, 2019

So far, Munson's only tweet/retweet about his appearance:

A new southern Minnesota political duo? ⁦Nope, just @GwenWalz⁩ and ⁦@jeremymunson⁩ ahead of their separate appearances on ⁦@tptAlmanac. ⁩ #mnleg pic.twitter.com/zFaeOXTAXZ

— Brian Bakst (@Stowydad) May 3, 2019

Munson's constituents wonder what he's doing in his own district

As we have earlier reported, Munson's constituents are wondering just what he's doing to represent the local interests of his constituents. Check out the letter to the editor in the Madelia Messenger in Local Madelia businessman and telecom lobbyist vows to get Jeremy Munson tossed from office and Julie Rosen and Bob Gunther go to bat for Rapidan Township--where's Jeremy Munson?. The latter post is related to FEMA's response to the township's treatment of sensitive historical site near a road project. Almanac's guest doesn't get involved, but apparently saved his genius for public television viewers.

Lovely.

Screengrab: Munson espousing his opinions about indigenous history on Almanac. Why was he paired with someone who could cite law, the facts of the recent recovery of the lake's Dakota name? Was Almanac hoping for the potty joke?

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

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CURE, We Own It & Center for Rural Affairs: 67% of electric coops' energy derived from fossil fuels

"Rural communities may be on a path to higher electric rates if they fail to restructure over $7 billion in debt tied to coal production, according to findings in a new fact sheet. 'Rural Electrification 2.0—a Clean Energy Economy,' was released Tuesday by Lyle, Nebraska-based Center for Rural Affairs, in partnership with Clean Up the River Environment (CURE) Minnesota and We Own It.

CURE's home is Montevideo, Minnesota, with a mission for Energy Democracy, as well as grassroots environmental action in the Minnesota River Basin.

CURE's Energy Democracy Organizer tweeted about the report:

We put a lot of work into this report. I’m excited to begin sharing some of our findings. https://t.co/wjezVF7rpB

— Erik. (@prairieerik) April 30, 2019

We Own It is a "national network that stands together with co-op member-owners working to reform and make positive change at their co-ops," with staff based in Omaha, Nebraska, and Madison, Wisconsin.

Here's the factsheet:

The CRA notes:

Cooperatives in Arkansas, Colorado, Iowa, Minnesota, New Mexico, and North Carolina are highlighted for their leadership on setting clean energy goals. One example includes a New Mexico cooperative that has committed to produce 100 percent solar powered energy for its customers in the summer season by 2022.

The Minnesota co-operative is Great River Energy, which is highlighted for its goal of "50 percent renewable energy by 2030."

In late April, Minnesota Public Radio's Paul Hutner and Elizabeth Dunbar discussed electric co-op members' organizing in How local electric co-op elections can impact greenhouse gas emissions. Worth a listen.

Photo: A smokestack.

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Did groups' concern about loon habitat generate HF2032 amendment about Loon Center?

In House passes $64 million in environmental trust fund appropriations, Erin Martin reports:

In what was likely the least contentious bill heard over the last nine days, the House approved a plan Wednesday to spend $64.3 million in appropriations from the Environment and Natural Resources Trust Fund.

As amended, HF2032, sponsored Rep. Rick Hansen (DFL-South St. Paul) directs how the dollars would be spent during the upcoming biennium for the “protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources.” Following the 120-10 vote, the bill now moves to the Senate where Sen. Torrey Westrom (R-Elbow Lake) is the sponsor. . . .

Only one issue of contention arose during the House debate.

Hansen successfully offered an amendment that would require a planned loon educational center that would receive trust fund dollars to meet Leadership in Energy and Environmental Design certification or the Green Building Initiative Green Globes certification. The project would also be required to restore disturbed habitat along the shoreline due to dock construction.

The additions, he asserted, would help ensure the project met trust fund environmental requirements.

Rep. Josh Heintzeman (R-Nisswa) expressed concern over the possible impact those requirements could have on the project, potentially inhibiting the loon center’s educational mission.

Saying that energy efficiency was fundamental to any project in the state’s northern counties due to the cold climate, Rep. Dale Lueck (R-Aitkin) called the amendment, “unnecessary tinkering with a good project.”

The amendment amounted to unfairly singling out one project for the requirements, Lueck argued.

What gave rise to that? We suspect a recent article in the Star Tribune's Outdoors section answers the question. On April 23, Tony Kennedy reported in Non-profits toss cold water on proposed loon center:

A group of Minnesota nonprofits has come out against the proposed appropriation of $4 million in state lottery proceeds for the creation of a National Loon Center in Crosslake.

The eco-tourism project appeared to have few naysayers until Thomas Casey, chair of Friends of Minnesota Scientific and Natural Areas, took exception to state funding for a project that he says would have “no benefit to loons.’’

In an letter to the Legislature, he asked the Senate and House to delete the National Loon Center as the proposed recipient of $4 million from the Environment and Natural Resources Trust Fund.

The bills proposing funding wouldn’t allot all of the money unless the Loon Foundation negotiates a no-cost lease of lake frontage and raises $6 million outside of state government. The center is projected to cost $10 million to build.

Casey’s letter said the project would adversely impact the shoreline area and detract from loons migrating through or nesting in the area. Supporters say the center would protect the shoreline from current erosion and teach visitors the importance of habitat and clean water for sustaining loons.

But Casey’s letter says loon conservation is better served by direct protection of loon nesting habitat, enhancing water quality and stopping the use of lead ammunition and lead fishing tackle.

The letter also is signed by Austin Coalition for Environmental Sustainability; Clean Up The River Environment; Friends of the Mississippi River; League of Women Voters — Minnesota; Mankato Area Environmentalists; Save Our Sky Blue Waters; and Wilderness in the City.

The amendment appears to be related to the shoreline concerns raised by the letter. It's interesting how many of the non-profits concerned about the loons are rural: Austin, Mankato and Montvideo (CURE).

Here's the video of the floor debate on HF2032:

Photo: A loon on its nest.

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