Capitol View for December 18

Good morning. Will things ever be the same again?

Expect this space to have regular flag content this week. Yes, the decision on what will fly next May is finally here. The State Emblems Redesign Commission narrowed it down to a single concept on Friday. It’s a state-bars-and-stars design, as MPR’s Dana Ferguson wrote up then . What’s left? How much does a blocky imitation of Minnesota look like Minnesota? How many bars and how many colors? And how is the North Star canted — in compass orientation or angular? Yes, the haters are out there in force, but the commission seems unfazed and says it hopes people grow to love their new flag. It’ll be just that unless the Legislature balks, which is a difficult maneuver to undertake.

On Friday, we told you that U.S. Rep Pete Stauber was continuing to press the IRS about its decision to tax Minnesota’s rebates. Stauber, a Republican from northern Minnesota, had a meeting with the IRS commissioner and continued to argue that the 2023 Minnesota rebates should get the same tax-free treatment as those delivered by other states in 2022. Stauber told MPR’s Mark Zdechlik that he hopes the IRS will reverse course. "I'm cautiously optimistic, but I just told them that hard working Minnesotans and predominantly middle and low income Minnesota taxpayers should not be taxed federally on these rebates." DFL Gov. Tim Walz and his administration have been working behind the scenes as well. It’s a longshot but we’ll let you know if anything changes.

U.S. Supreme Court rulings cast a longer shadow than the direct cases at hand. And that’s been clear with a May decision in a Minnesota lawsuit over land forfeitures for unpaid taxes. The nations’ high court ruled that counties couldn’t pocket the profits for sales spurred by tax delinquency. MPR’s Kirsti Marohn and the APM Research Lab’s Benjamin Clary teamed up with APM Reports to examine how wide of a reach that ruling might have and who is already clamoring for redress. It could be a big hit for counties that have used land forfeitures heavily in the past.

A new state Cannabis Advisory Council is taking shape. Gov. Tim Walz and other entities have named 18 members to the panel . There were hundreds of applicants. It will review state and national cannabis policy and track developments in the industry. State statute requires experts in different fields to serve on the board, including a criminal justice reform expert. Filling that seat is Rachel Moran, a professor at the University of St. Thomas Law School. She previously worked as a public defender in Chicago. She told MPR’s Feven Gerezgiher, “I don't think I ever represented a white person who was accused of or charged with drug possession or drug sale.....and that's not because white people weren't using or selling drugs. It's because the enforcement that was happening, and particularly the police focus, was on neighborhoods primarily populated by people of color.” The new appointees also include mental health professionals, as well as a police officer with advanced training in detecting and evaluating impairment.

The Minnesota Board of Pardons meets this week and some tough requests are on the docket. Dozens of people are seeking to get clear of convictions for everything from disorderly conduct to drug sales to murder. The Star Tribune’s Christa Lawler wrote about one request from a man convicted of three murders who is trying to get out of prison decades early. Pardons in those cases are rare. Of note: This is the first time the board will meet with new Chief Justice Natalie Hudson as one of the three members. Walz appointed her to that post. She’ll join him and DFL Attorney General Keith Ellison in deciding the pardon cases, but it no longer takes a unanimous vote to grant clemency. The two-day agenda for the board is here and here.