By JUDY CLIFFORD
Published: Issue 1, Summer 2009

On May 7, 2009, Minnesota state resident Judy Clifford sent this letter to Minnesota State Senator Richard Cohen, Chair of the Senate Finance Committee; Phil Chen, Committee Legislative Assistant, Minnesota House of Representatives; and Sheila Smith, Executive Director for Minnesota Citizens for the Arts. Ms. Clifford’s letter is about the “Legacy Amendment,” approved by Minnesota State voters in November 2008, but in need of legislative approval to take effect. The Legacy amendment sought to increase state sales tax by 3/8 of 1 percent to ensure increased sustained funding for wildlife habitats, clean water initiatives, and the arts.

To Public Policy Makers:

Through passage of the Clean Water, Land and Legacy amendment with 56% of the statewide vote, the electorate of Minnesota resoundingly decreed that protecting our quality of life is vital to the future of the state. The arts now contribute to a state public policy agenda.

The duty of state governments to support the arts is written into a number of state constitutions, including Massachusetts, California, Maryland, Iowa, Wyoming, and New Hampshire. Louisiana constitutionally specified appropriations for three arts schools from its Millennium Trust, created from the tobacco settlement. Passage of the Legacy amendment means that Minnesota is the first state to constitutionally provide a tax-supported funding stream for the arts, not tied to education.

Professor Robert Stein, constitutional scholar and former dean of the University of Minnesota Law School expressed concern about governance by referendum. But as another jurist, Chief Justice John Marshall, warned, “The people have made the Constitution, and they can unmake it.” As a citizen, I wonder about possible unintended consequences (even backlash) of intervening in budgetary matters in this way, and I am concerned that these special funds are not used to replace annual funding allocations, and that they do not “migrate” to uses other than what was intended by the electorate.

We are setting precedent and we have a great responsibility to do it thoughtfully. Pumping up the existing supply lines for delivery of arts and culture is only part of what we should do. Instead of simply more of the same old same old, we should use this opportunity to benefit the entire state arts sector—organizations and individual artists alike—in a strategic manner that none of our cultural institutions can do on its own. With the capability to follow through with funding innovative initiatives statewide, now is the time to put some of our most creative minds to work on the best ways to support our cultural economy and reduce infighting over division of Legacy funds.

We could use an Uber Tech for the Arts to create a vibrant new link on the state’s website, develop a statewide artists’ registry with search features, and help individual artists to “go digital” with websites and portfolios. We need to market the arts to visitors, and convince Minnesotans to buy local artwork or attend a show. Perhaps the best strategy is to create something entirely new that we haven’t seen elsewhere. The extraordinary funding stream provided by the Legacy amendment presents a unique opportunity to support the arts and artists throughout the great state of Minnesota.

A change like this may never come again.
JUDY CLIFFORD, M.P.A; ST. PAUL, MN

Ms. Clifford spent four and one-half years with the Percent for Public Art program administered by the Arts and Science Council of Charlotte-Mecklenburg. She earned a B.A. degree in Studio Art from the University of Minnesota and M.P.A. degree in Arts Administration Concentration from the University of North Carolina Charlotte. She recently completed post-graduate study with Dr. Ann Markusen at the Humphrey Institute of Public Affairs and works on an occasional basis with Forecast Public Art in St. Paul, MN.

*Editors’ Note: At press time, Ms. Clifford had not received any responses to her letter. However, on May 19, 2009, the Minnesota State Senate passed the landmark “Legacy Amendment,” by a unanimous 67 to 0 vote, ensuring $43.3 million to state arts funding over two years.

Send TAP your letter to a policymaker: email policymakerletter@theartspolitic.com. TAP