Sen. John Hoffman (SD36) Update: Mary 22, 2020

Dear Friends and Neighbors,

Legislative Session has come to an end. Typically we have 120 days according to the constitution to get our work done for our great State. This year we lost 60 plus days due to the fact our priorities were taken over by this mean nasty Covid-19.  I was hopeful that we could all set aside our political differences and focus on whats right for me.  I have kept that promise and continued with my 85% plus bi partisan efforts on bills. Unfortunately despite it being a bonding year, politics got in the way of completing a bonding bill. Hope is not lost yet, as we will be having a special session and among the goals will be to complete a bonding bill if all sides can come to an agreement. This is important, as a robust bonding bill will address infrastructure challenges across the state while also providing jobs in a time of crisis.

The work is not done and depending on how things develop may continue throughout the year. As we open up the state more we will be constantly monitoring the data and results to gauge opening up further or implementing new safety measures.

I want to say thank you for all of your support in this time. It is my honor to be fighting in the legislature for my constituents each session and beyond. Stay safe everyone and keep letting me know your thoughts, feelings and experiences as we continue through this challenging time for us all. It is by you letting me know that I can represent appropriately and uplift the challenges you experience.

From my family to yours,

John

                                Overview

The 2020 legislative session began on February 11 with a positive budget balance of $1.5 billion and a strong economic outlook for Minnesota. By mid-March, the COVID-19 pandemic had completely upended the state’s economic forecast and forced the Legislature to change how it did its work. Virtual committee hearings became the norm, and floor session changed dramatically with social distancing and some members voting remotely. A normal year became laser focused on measures to keep Minnesotans safe and to address the fallout of COVID-19.

With the costs of dealing with the pandemic rising and less revenue coming in for the state, Minnesota’s initial positive budget outlook swung to a $2.4 billion projected budget deficit. The updated May budget outlook confirms what we suspected: COVID-19 has created unprecedented economic disruption.

While COVID-19 is an unforeseen and unprecedented crisis, Minnesota was better prepared to respond than many other states thanks to the sound management of the state’s budget over the past decade and our investment in a strong budget reserve. Investments are now needed to make Minnesotans secure in their housing, help small businesses, facilitate distance learning and telemedicine, and ensure we have the workforce we need to provide care for the elderly and people with disabilities. With new federal funding assistance available for the costs of responding to the pandemic, we can and should prioritize using our reserves before needlessly cutting the services our most vulnerable depend on.

Agriculture and Housing

COVID-19 provisions passed

Farmer-lender mediation: The enforcement of debts was delayed if secured by qualifying agricultural property by extending the mediation period under the Farmer Lender Mediation Act. Late in session, it was further delayed to 150 days for qualifying individuals. (HF 4556; HF 4599)

Food shelves: Many people were temporarily or permanently displaced from their jobs because of COVID-19. In recognition of the wave of new applicants for unemployment, legislators appropriated an additional $1.25 million for food shelves. This additional money will provide more meals for people while also helping farmers by buying their products. (HF 4556)

Non-COVID provisions passed

Omnibus agriculture finance bill

As a result of the updated budget forecast, the House and Senate were forced to find money within their budgets or use federal resources allocated to the state in response to COVID-19 to fund important priorities. In all, $600,000 in federal resources were used and additional resources were reallocated.

The notable projects funded include:

• Grain Storage Safety Grants: Tragically, grain bin storage accidents have spiked, resulting in farmers across the state and country losing their lives. In response, $100,000 for the grain storage safety program was appropriated. The funding is divided by providing $50,000 for grain bin safety curriculum development and $50,000 for the creation of a digital application that will remotely power off a grain storage facility.
• Farm Advocates and Outreach: As financial stress has increased over the past several years, access to mental support in rural communities has become more crucial. In response, $60,000 was appropriated for farm advocates and another $40,000 for additional community outreach.
• Veterinary Diagnostic Lab: $675,000 was made available for a grant to the University of Minnesota for the Veterinary Diagnostic Laboratory (VDL). The money will help purchase equipment and software that would increase capacity that will be critical to a foreign animal disease outbreak response.
• Retail Food Handler Safety: $125,000 was made available for grants to retail food handlers for the deployment of protective equipment to meet CDC guidance to retrofit retail locations and provide personal protective equipment to employees. (HF 4490)

Omnibus agriculture policy bill

The omnibus agricultural policy bill passed the Senate on a vote of 67 – 0. Several provisions were adopted relative to hemp seed and the processing of hemp. Additionally, language was adopted to create the Seed Advisory Committee. The committee will provide guidance to the Commissioner of Agriculture on designated seed species as restricted or prohibited. (HF 4285).

Rural Finance Authority funding

The Rural Finance Authority (RFA) ran out of money in late February, and legislators responded by appropriating $50 million. The funding for this program is especially important during this time of extreme weather conditions, historically low commodity prices, and most recently struggles related to COVID-19. These resources are not limited to emergencies but can also be used for a variety of financing options for farmers. (HF 2959)

Commerce

COVID-19 bills passed

The Senate has been looking for ways to help Minnesota’s small business, including restaurants, to weather the COVID-19 pandemic. One of the ways we’ve done this is by passing a bill allowing restaurants to offer wine and beer sales with take-out food orders.

The bill allows establishments with on-sale liquor licenses to sell wine, beer, hard seltzer, and cider as off-sale in addition to their takeout food sales for the duration of the peacetime emergency. The alcoholic beverage must be sold in the original, unopened packaging and must be limited to 72 oz in total of beer, seltzer, and cider and 750 milliliters of wine per order. Establishments must require proof of age, and municipalities may vote to prohibit these sales in their jurisdiction. Establishments that choose to partake in this must inform their insurance provider.

Allowing restaurants to offer takeout wine and beer is a small but powerful way to help our restaurants. The Senate is continuing to look for ways to help all of our small businesses survive through this pandemic. (SF 4489)

Non-COVID items passed

Liquor bill

The Legislature passed a liquor bill this year that granted licenses to a number of local establishments and festivals. Nothing controversial was included in the bill.

The bill allows local establishments, including golf courses and sports arenas, to bring in new revenue as COVID-19 is taking a toll on business. The bill is yet another way Senate DFLers are looking to boost the economy during this pandemic. (SF 2130)

Money transfers

State law currently requires fund transfer services to transmit funds sent within five days, with no exception. However, that often doesn’t leave companies enough time to investigate fraud when transactions seem suspicious. The Legislature passed a bill this session that would allow more flexibility in these transactions to protect against fraud or suspicious activity.

The bill allows wire transfer services such as PayPal, Venmo, Cash App, and others to hold fund sent if the sender requests it, if there is reason to believe the transfer is involved with or may result in a crime, or if the transfer is for goods or services. The bill allows these companies enough time to ensure the transfer was a legitimate request and that the funds are being transferred to the correct individual. (SF 3800)

Prevention financial exploitation of seniors

Attempts at fraud and financial exploitation have become more popular as finances have moved online, and these exploits are often aimed at those that are more vulnerable. Seniors are particularly targeted by these scams, which take several forms – from someone pretending to be a grandchild needing assistance to Medicare and health care scams.

The Senate has been working to reduce this fraud and protect our seniors. The Legislature passed a bill this session that permits financial service providers to notify the Minnesota Adult Abuse Reporting Center when there is suspicion of financial exploitation.

The bill also requires financial services providers to delay a disbursement or hold a transaction if provided evidence by the Department of Commerce, law enforcement, or an attorney’s office that there is evidence of financial exploitation.

The Senate is committed to protecting all Minnesotans, including our older and vulnerable adults. We are constantly exploring ways to keep one step ahead of those that try to exploit Minnesotans, and this bill will assist the financial industry in doing just that. (SF 2466)

Education

COVID-19 bills passed

As soon as the COVID-19 pandemic hit and Governor Walz announced the Peacetime Emergency, the Legislature worked to help schools, students, teachers, and families navigate distance learning and other changes to our educational delivery system. Unfortunately, because the Senate Republicans dragged their feet on discussing an agreement, these provisions could have passed in March to benefit schools but were delayed until May 17.

In the final days of the legislative session, the following COVID-related provisions passed:

Fiscal Impact of the bill:

• $180,000 in savings due to the waiver of statewide testing requirements in the 2019-20 school year, as well as $9,000 in savings due to a hold-harmless formula adjustment for Developmental Screening aid
• $49,000 in FY20 for the IT costs related to the implementation of the conditional Tier 3 license and $137,000 in the tails for the extension of the Early Middle College program
• A delay in revenue related to Achievement and Integration aid that schools would otherwise have been unable to use in FY20 so that they are able to receive that same amount of funding spread out between FY21 and FY22
• These changes together result in a net savings to the state of $218,000 this biennium and a net cost of $215,000 in the tails

COVID-related provisions to help teachers, schools and students

• Probationary teacher service day requirement waived: Reduced the service day requirement for probationary teachers interrupted by distance learning
• Student Statewide testing changes: Statewide testing requirement were waived for the 2019-20 school year
• Teacher Licensure: The pandemic closed teacher licensure testing facilities and created delays in renewal options. The bill requires the Professional Educator Licensing and Standards Board (PELSB) to implement a six-month delay process for any renewal requirements
  • New teachers who would otherwise have met the requirements for a Tier 3 license will receive a one-year conditional Tier 3 license without being required to complete the required licensure exams, due to the closure of testing sites
  • Teachers are required to complete necessary exams prior to next summer to receive a full Tier 3 license
• Fund transfers help school districts cover costs: The agreement allows fund transfers from unencumbered funds to pay for community education and nutrition costs normally covered by fees
• Regional libraries: Libraries are allowed to spend regional library telecommunications aid on technology and broadband because of the pandemic and distance learning changes
• School Fiscal adjustments: School aid formula adjustments for special education, school meals, CTE, nonpublic pupil transportation, desegregation and integration transportation, Literacy aid, School Age care, developmental screening achievement and integration and ABE aids
• Forecast article: Ensures that the forecast amounts align with changes in fiscal impact for schools

(HF 4415)

Energy

Provisions passed

Renewable Development Account – clean energy projects

A Senate-House compromise agreement was reached on financing renewable energy development projects from the Xcel Energy Renewable Development Account, allowing four energy projects to go forward:

• $46.2 million, spread over three years, will allow the Prairie Island Indian Community to become a “net-zero energy community” The intent is to develop an energy system that implements renewable energy projects that result in net zero carbon emissions. Of that amount, $16 million will move from the fund this year
• $10 million goes to Solar Rewards, the solar incentive program administered by Xcel Energy that offers discounts to Minnesotans who install rooftop solar panels. The program and funding are extended to 2022
• $2.8 million is for a new turbine to expand Granite Falls’ hydroelectric generating facility
• $2 million in grants will help communities that lose an electric generating facility through a new Host Community Grant Program. Grants must be spent in communities in Xcel Energy’s electric service area or in communities that host an Xcel electric generating plant. These funds will help communities deal with the economic costs of losing large coal, nuclear, or natural gas plants as utilities shift toward building renewable power

The Renewable Development Account dates to 1994, when Xcel Energy was given permission to store nuclear waste adjacent to land owned by the Prairie Island Indian Community. The fund is made up of annual fees paid by Xcel Energy to store nuclear waste at its Prairie Island and Monticello nuclear power facilities and is earmarked for renewable energy development grants. (HF 1842)

Environment

Provisions passed

Trichloroethylene (TCE) Ban

On a near-unanimous vote of 61-1, the Senate passed the “White Bear Area Neighborhood Concerned Citizens Group Ban TCE Act” banning the use of trichloroethylene (TCE), a volatile organic compound that is known to cause cancer and other detrimental health effects. The ban begins on June 1, 2022, with some exceptions, and requires the chemical replacement for TCE to be less toxic to human health and approved by the Minnesota Pollution Control Agency (MPCA). Additionally, the MPCA’s Small Business Assistance Program will provide use of its $250,000 interest-free loan program to help small businesses evolve away from the use of TCE.

This legislation came in response to the revelation that the company Water Gremlin had been using TCE to create lead battery terminals and lead fishing sinkers and was also violating MPCA air emissions standards to a point where it would threaten human health up to a 1.5-mile radius around its facility. This violation had been occurring since 2009 and the long term-health impact to the White Bear Lake township is yet unknown. In response, legislators and others worked closely with the “Neighborhood Concerned Citizens Group,” which played a pivotal role in bringing agreement on a ban that could be signed into law. (SF 4073)

Outdoor Heritage Fund/Legacy Appropriations

Nearly $118 million is appropriated from Outdoor Heritage Fund to various conservation projects, as part of the Legacy Finance bill that passed the Senate unanimously. The 41 projects funded this year were carefully vetted by the Lessard-Sams Outdoor Heritage Council (LSOHC) over the past year, through its competitive public process. To reflect an updated budget forecast, the projects amounts have been reduced 14.2% from the Council’s original recommendations.

These funds will be used to protect native prairies, restore wetlands, enhance lakes and public lands, prevent forest fragmentation, and acquire land. The projects break down as follows:

• $35.8 million for prairie projects (reduced from LSOHC recommendation of$41.8 million);
• $13.7 million for forest projects (reduced from LSOHC recommendation of $15.9 million);
• $12.6 million for wetlands projects (reduced from LSOHC recommendation of $14.7 million);
• $55.4 million for other habitat projects and the conservation partners legacy grant program (reduced from LSOHC recommendations of $64.7 million).

A one-year extension is given to the availability of appropriations or grants from the Outdoor Heritage Fund, Clean Water Fund and Parks and Trails Fund that would otherwise cancel on June 30, 2020. A two-year extension is given to the availability of appropriations or grants from the Arts and Cultural Heritage Fund that would otherwise cancel on June 30, 2020, with more flexibility given to assist these grantees in maintaining financial sustainability during the COVID-19 peacetime emergency, to the extent permitted by the Minnesota Constitution. (HF 2682)

Health and Human Services

COVID-19 provisions passed

Initial public health emergency funding

Early in the COVID-19 pandemic, legislators quickly realized funding was needed for public health response activities. With the scope of this crisis still uncertain, the Legislature urgently passed $21 million in funding for Minnesota’s public health response contingency account. Funds were utilized by the Minnesota Department of Health to coordinate response activities, conduct lab testing, and contract for needed services, staffing, and supplies. (SF 3813)

Health care grants and emergency funding

As the harsh realities of this pandemic set in, the Legislature worked quickly to develop a bill appropriating $200 million in funding to support our state’s healthcare system, which passed the Senate with unanimous support. These resources were added to be used for short-term emergency funding and to create a health care response grant fund for the Minnesota Department of Health (MDH).

From this bill, $50 million was quickly distributed on an emergency basis to provide cash flow relief to health care organizations to cover their highest priority needs. This money was awarded to nearly 350 provider organizations across the state for preparing for and responding to the COVID-19 pandemic.

The remaining $150 million went to make and administer a grant program for health care providers for costs related to COVID-19. Along with hospitals and clinics, providers working in ambulance services, pharmacies, nursing homes, or long-term care facilities were eligible for these grants. DFLers made sure that as a condition of accepting a grant, the provider must agree not to bill uninsured patients for the cost of COVID-19 screening, testing, or treatment.  (HS 4334)

Minnesota Food Shelf Program Funding 

Food shelves and food banks across the state are seeing increase demand during the pandemic and must quickly adapt to increased supply, staffing, and food delivery needs. Hunger advocates say the number of Minnesotans needing food stamps could double as Minnesotans struggle with lost income. As part of larger COVID-19 economic relief efforts, the Legislature passed $9 million in funding to support food shelf programs that have taken a hit due to the COVID-19 pandemic.

This funding will support the Minnesota Food Shelf Program, which is administered by the Department of Human Services in collaboration with Hunger Solutions Minnesota. This organization represents more than 250 food shelves in Minnesota and distributes funds to qualifying food shelfs and food banks within the state. The funds received will allow them to purchase food, diapers, toilet paper, and other necessary supplies, as well as enabling them to provide specialized responses to their communities’ needs. (SF 4531)

Homelessness and Housing Support

The Legislature passed over $32 million in funding this session to support housing and shelter options for low-income Minnesotans and Minnesotans experiencing homelessness in response to COVID-19.

A portion of this funding is dedicated to the Housing Support Program, which provides room and board costs for adults with low incomes who have a disability or are aged 65 or older and at risk of institutional placement or homelessness. More than 20,000 Minnesotans receive Housing Support annually. Many settings that receive Housing Support payments were forced to take out loans to maintain their current capacity as costs increase from COVID-19. Temporary rate increases included in this legislation will allow them to make up for additional expenses.

The remainder of the funding will be directed towards emergency services grants, which are critical for organizations who organizations who provide shelter and services to people experiencing homelessness.  These grants can be used to purchase and provide additional shelter or isolation space, purchase cleaning and sanitary equipment, or add extra staff to accommodate health and safety guidelines. (SF 4531)

Emergency Child Care Grants  

Childcare is a critical support for our families and communities both in daily life and in times of crisis. Childcare providers need support during this pandemic now more than ever as they face significant losses in revenue from families withdrawing their children as work from home or have been laid off from their jobs. On top of this, programs are seeing increased costs due to staffing needs and adaptations to meet new public health recommendations.

The Legislature passed funding for emergency childcare grants for programs who could stay open to prioritize space for emergency workers and were being strained by enrollment fluctuations and increased operating costs due to COVID-19. Child Care Aware, Minnesota’s childcare resource and referral agency, is tasked with distributing these funds equitably across the state and among providers based on the local need for childcare services during the peacetime emergency and whether the provider would be financially at risk without receiving a grant through this program.

Even before this pandemic, Minnesota had been facing a shortage of available and affordable childcare, especially in Greater MN, where there has been a significant loss of providers in recent years. COVID-19 has exacerbated these challenges while emphasizing the true value of caregivers working in this field. More work will be needed to stabilize the childcare industry, and Senate DFLers will continue to prioritize investments for our youngest Minnesotans and the safety of families and workers. (SF 4531)

Telemedicine

The need for expanded telemedicine and telehealth services was immediately apparent as Minnesotans quickly adapted to recommended health and safety guidelines. Legislators made several reforms this session to make sure health care practitioners across the state could use virtual options to connect with patients and be reimbursed by insurers.

First, the Legislature made sure that the law allowed telemedicine services to include communications with patients or clients over the telephone while they are at home. Another reform clarified that a health insurance company could not deny or reduce coverage for a service or consultation simply because it is administered via telemedicine. Through working with health insurance carriers and a vast range of providers, legislators continue to evaluate how telehealth options can be strengthened or continued beyond the peacetime emergency. (HS 4334)(SF 4556)

MDH temporary emergency authority

Governor Walz issued several Executive Orders during the peacetime emergency to give certain state agencies temporary authority to waive or modify certain requirements to ensure services can be delivered safely and without undue delay. By codifying these orders, legislators sought to remove any ambiguity about the departments’ authority to accomplish these actions.

The Legislature passed a bill to give MDH additional flexibility to prepare for, prevent, or respond to an outbreak of COVID-19 and to preserve access to programs and services provided, licensed, or regulated by the Department of Health. This will allow them to stand up alternative care spaces quickly and remove the moratorium on creating new hospital beds in hospitals across the state. Related legislation was also passed to allow MDH to enroll temporary alternative health care facilities as Medical Assistance providers. (HS 4456)

Medical Assistance coverage for COVID-19 testing

Federal changes allowed Medical Assistance (MA) to cover the cost for COVID-19 testing and related office visit for uninsured individuals. Bipartisan legislation was passed to codify this change into state statute for the duration of the federal emergency declaration. (HS 4456)

Non-COVID provisions passed

Alec Smith Insulin Affordability Act

After more than a year of hard work and negotiation, the Minnesota Legislature passed the Alec Smith Insulin Affordability Act this session. Alec Smith died in 2017 at the young age of 26 after being forced to ration his insulin due to the extremely high costs. His story has sparked a dialogue in Minnesota and put a spotlight on those who have lost their lives in the absence of a safety net program that this legislation provides. While this should have happened sooner, Senate DFLers were steadfast in their commitment to make sure that insulin-dependent Minnesotans had emergency access to this life-saving medication, as well as access to ongoing patient support programs to mitigate sky high drug costs.

This bill requires manufacturers to make insulin available for eligible individuals who are in urgent need of insulin by July 1, 2020. In conference committee, Senate DFLers were able to successfully negotiate the copay for this emergency insulin down to $35 from the original $70 copay that was passed by Senate Republicans. Along with emergency insulin, each manufacturer also must maintain an ongoing patient assistance program for qualifying individuals. Pharmacies may charge up to a $50 co-pay for each 90-day supply issued under that program to cover processing and dispensing costs. DFLers were also successful in raising the penalties that manufacturers who fail to comply must pay, which start at $200,000 a month and increase to $600,000 a month after one year of noncompliance.

Another success for the DFL during the bill’s conference committee was the removal of the Senate Republican’s expiration date on the emergency insulin program that would have ended in 2024. Unfortunately, a sunset provision still exists for the required ongoing support program, which is set to expire on December 31, 2024 and will require legislative action to continue. Diabetes is not a temporary illness; this sunset provision must be removed to make sure these programs are available to help insulin-dependent Minnesotans for the foreseeable future.

This is not a perfect bill with more work still to be done, but we are thankful that some much-needed changes were made through negotiations in order to save lives and provide long-awaited relief to insulin-dependent Minnesotans. Legislators are incredibly grateful for the work of advocates across the state who worked tirelessly on this issue to make sure no one dies from a lack of access to affordable insulin. (HF 3100)

Prescription Drug Pricing Transparency Act

Legislation was passed this session that will require drug manufacturers licensed by the Board of Pharmacy to report drug prices that are raised over certain thresholds to the Department of Health. While this is an important step, the bill stops short of meaningful reforms to lower drug costs. DFLers are supportive of increased transparency and see this legislation as a way to lay the groundwork for more aggressive measures to reduce the cost of prescription drugs next session.

Beginning October 2021, drug manufacturers must report information on new, existing, and newly required drugs whose prices are raised over certain thresholds outlined in the bill. The reports required by manufacturers are very detailed and must include information such as the factors that contributed to the increase, any generic versions of the drug available, and the price at time of acquisition. This information will help show state lawmakers any patterns or red flags on significant price increases.

While the bill allows for a civil penalty on manufacturers who fail to submit timely reports, it lacks reforms needed to lower the cost of prescription drugs. The DFL Senate remains committed to building upon this language in the future to ensure that drug manufacturers are held accountable for any unjustified increases so that Minnesotans can get the drugs they need at an affordable price.  (SF 1098)

Prior authorization Reform

Prior authorization is a common requirement in health care where physicians obtain approval from your insurance companies before prescribing a specific medication or to perform a particular operation. This practice has been around for decades as a way to protect patient safety and reduce health care costs, but physicians say it is now required more often than it used to be and results in administrative and financial burden, as well as delays in care. National estimates show that the costs of prior authorization are over $36,000 annually per physician and that nurses are spending up to 4 hours per day interacting with health plans on prior authorization requests.

Over the past few years, legislators have been focused on introducing reforms to the prior authorization process. Legislation passed this session will offer relief to health care practitioners and patients by streamlining the determination process to reduce delays in care, establishing continuity of care standards for enrollees who switch health plan coverage to allow them to use previous prior authorizations determinations for 60 days, and increasing transparency throughout the decision making process.  (SF 3204)

Tobacco-21

Congress passed the Tobacco Control Act in December 2019 to raise the minimum age required to purchase tobacco and related products from 18 to 21. Many retailers complied swiftly as the Food and Drug Administration informed them of these changes, but without action at the state level, some retailers expressed confusion as to whether they needed to follow this directive.  Thanks to dedicated lawmakers and support from dozens of health and patient advocacy organizations, the Legislature was finally able to pass this as state law. (HF 331)

Increased access to Medical Assistance coverage

The Legislature passed two provisions that would expand access to Medical Assistance in the state. One of these provisions allows Medical Assistance (MA) to provide coverage for routine patient costs that are incurred during a clinical trial if MA would provide coverage for the same routine costs not incurred in a clinical trial. Unlike Medicare and commercial payers, Medicaid is not required by federal or state law to cover routine care costs for clinical trials. Routine costs may include non-experimental costs of treating a patient, such as physician visits or lab tests, and would likely have little impact on the overall cost to the Medicaid program.  Advocates have cited that expanding the populations who join clinical research will make it more diverse, valid, and reflective of under-represented ethnic and minority groups.

The other proposal expands Medical Assistance for Breast of Cervical Cancer (MA-BC) coverage to persons diagnosed with breast or cervical cancer by any CDC National Breast and Cervical Cancer Early Detection Program in the state. MA-BC provides insurance coverage to uninsured or under-insured Minnesotans who are in need of treatment services for breast or cervical cancer or pre-cancer of the cervix but are not otherwise eligible for MA.  Under current state law, MA-BC only covers those who have been screened by the Minnesota cancer control program called SAGE. This bill will expand access to include other CDC funded programs in Minnesota, such as the American Indian Cancer Foundation’s screening program.  American Indian populations are less likely to be screened for cancer and more likely to be diagnosed at a later stage; this bill will reduce barriers to critical screening and treatment options for those who need it. (SF 13)

Opioid epidemic response grants awarded

The 2019 opioid response bill established the Opiate Epidemic Response Account and Opiate Epidemic Advisory Council. The account is funded by fees on manufacturers, and much of the money goes to grants recommended by the council. To get grant funding into the hands of community providers quickly during the pandemic, the council requested to forgo the lengthy grant process and request direct appropriations by the legislature. Grants were awarded to 17 organizations for naloxone distribution efforts, expansion and enhancement of care, Medication-Assisted Treatment services, and Extension for Community Health Outcomes (ECHO) programs. (HF 4601)

Higher Education

COVID-19 provisions passed

As part of the first COVID-19 relief package, the Legislature granted temporary powers to the Office of Higher Education to help students deal with effects of the pandemic both financially and academically.

The higher education provisions passed as part of the March 26 bill include providing temporary emergency powers to the commissioner of the Office of Higher Education to prepare for or respond to a COVID-19 outbreak. The temporary powers allow the commissioner to waive rules and statutes for the following programs in order to protect the financial stability and academic standing of students:

• Work Study
• State Grant
• SELF Loan programs
• Other state grant, aid, and scholarship programs under Minnesota Statutes 136A

On April 17, interest rates were reduced to 0% for Minnesota SELF loan and SELF loan Refi borrowers, retroactive to March 13 and extending to September 30. Six-month COVID-19 forbearances are also available, upon request, and no late fees will be charged through the end of September.

These changes will benefit over 43,000 Minnesota SELF Loan or SELF Refi borrowers. These new provisions are at or near the top of the most flexible and beneficial student loan provisions in the nation.

Recipients of state financial aid will also see increased flexibilities and benefits. Some of the changes include:

• Students in State Work Study programs will continue to be paid for hours they were scheduled to work
• Students who withdraw from classes will be allowed to keep their financial aid awarded for spring term and will not be asked to pay it back. This applies to the following programs:
  • State Work Study
  • Minnesota State Grant (including funds paid via the Minnesota Dream Act)
  • Grants for Students with Intellectual and Developmental Disabilities
  • MN Reconnect
  • Postsecondary Child Care Grants
  • Minnesota Indian Scholarships
  • Teacher Candidate Grants
• Grant eligibility will be reinstated for students who withdraw from enrollment during the COVID-19 emergency for the following programs:
  • Minnesota State Grant
  • Postsecondary Child Care Grant
  • Minnesota Indian Scholarship
• Postsecondary Child Care Grants will continue to be paid for students whose eligibility changed due to COVID-19 (SF 3683)

Non-COVID provisions passed

Limited Higher Education Bill Passes

A scaled back Higher Education policy bill passed in the final days of the 2020 session that addresses 529 college savings plan conformity and higher education school closure provisions. No supplemental budget provisions were discussed or passed as part of the final negotiations.

“Argosy” closure bill provisions pass

The bill passed provides safeguards for students if schools close, especially private for-profit institutions. The abrupt Argosy school closure last year left close to 1,000 Minnesota students with no degree completion options, student debt, difficult credit transfers, and limited job prospects. The new regulations will safeguard students and hold schools accountable.

The bill provisions include:

• OHE can terminate an institution’s eligibility for state aid if they lose their eligibility for federal aid
• Institutions must provide compliance audits required under federal law instead of a certified audit
• Schools must have a process to receive and act on student complaints
• OHE may revoke a school’s registration if they fail to have enrollment in the last two years
• OHE may revoke a program’s approval for failing to have enrollment for two years unless the program requires an extensive approval process
• Schools exempt from licensure or registration can lose their exemption for false advertising
• A new fee is established for schools that use OHE for the administration of its SARA agreement
• Annual registration fee was raised from $1,200 to $1,500, roughly the amount of inflation
• OHE may investigate an institution for statutory compliance
• OHE may revoke a license for using fraudulent or coercive practices in MN or elsewhere
• All penalties listed above are subject to appeal

FAFSA goal to be set

The bill requires that a goal be set for the percentage of high school seniors applying for the Free Application for Federal Student Aid (FAFSA). Taking the first step by applying for federal aid can help students feel ready to go on to college, stay in school, and be academically successful. The FAFSA application helps students determine eligibility for all tuition aid no matter what type of institution they decide to attend: two- or four-year, public or private, and certificate, associate, or bachelor’s degrees.

Sexual assault definition changes

Students can also feel safer reporting a sexual assault with a new definition passed in the bill. An “incident” is limited to a single report of sexual assault, regardless of the number of complainants, respondents, or whether the identity of a party is known by the institution.

Bill aims to help more American Indian students attend college

To help more American Indian students enter and succeed in college, the bill establishes the Tribal Nations Education Committee which will be involved in program establishment. The OHE commissioner must consult with this committee on American Indian students’ post-secondary education. In fall 2014, 44% of American Indian students attended college, compared to 72% of their white peers, 70% Asian enrollment, 60% black enrollment, and 51% Hispanic.

Other policy provisions adopted:

• Unpaid student balances: Forbids a postsecondary institution receiving state financial aid from withdrawing a student from class or suspending a student due to an unpaid student account balance
• Childcare grants: Allows postsecondary institutions offering only graduate or professional degrees to participate in OHE’s Child Care Grant Program
• OHE Policy: The Senate version of the OHE Policy Bill was accepted by the House and governor in its entirety with one exception—the deletion of three sections which made reference to K-12 expenses in Article 2. The deletion of this language does not change how 529 accounts are administered with regard to K-12 expenses
• Student and taxpayer protections:Several of the provisions from the governor’s Supplemental Budget bill were accepted to provide important student and taxpayer protections while agreeing to leave the more controversial sections that needed further work out of the bill for this year. OHE has committed to continuing work with stakeholders over the interim to produce a bill for the Legislature to consider early in session next year

Bill conforms to federal 529 college savings plan changes; K-12 tuition provisions deleted

The bill changes laws governing the Minnesota college savings plan: Minnesota’s section 529 plan. Most of these changes are to account for recent changes to federal law. The 529 provisions were narrowed to help matching grant account holders access their savings and avoid a prolonged battle about whether K-12 expenses are a qualified higher education expense. The K-12 tuition expense sections have been deleted as part of the overall agreement.

The main federal provisions the article responds to include permitting qualified distributions for:

• Apprenticeship program expenses
• Student loan payments for the beneficiary or the beneficiary’s sibling
• Permitting rollovers to Achieving a Better Life Experience (ABLE) Accounts

(SF3683)

Transportation

COVID-19 provisions passed

Driver’s license expiration extensions

Legislation passed this session to extend the expiration date for drivers’ licenses, including instruction permits, provisional licenses, operator permits, limited licenses, and farm work licenses, and any Minnesota identification cards during the peacetime emergency. The expiration date extension also applies to out-of-state licensees and disability certificates and permits that were set to expire during the peacetime emergency.

The extension is provided to expired licenses/IDs until the end of the second consecutive month following the month the peacetime emergency terminates. For example, if the peacetime emergency ends any day in June, drivers with licenses that display expired dates would have until August 31 to renew their licenses. Drivers may continue to operate vehicles with an expired license during the peacetime emergency and the subsequent two months without penalty. A clarification was added in a subsequent bill to allow drivers whose licenses expire the month after the peacetime emergency ends the same extension to renew their license. (HF 4531)

Temporary DVS appropriation

The Department of Public Safety Drivers and Vehicle Services was provided $2.4 million for vehicle services employees to address the anticipated backlog in driver and vehicle services. The appropriation will help the agency process and issue drivers’ licenses and ID cards as DVS offices reopen May 26. In Minnesota, 147 driver and vehicle service, deputy registrar, and drivers’ license agent offices have closed over the past two months, causing a backlog of applications for driver’s license applications and renewals.

The funding is a one-time resource available until December 31, 2020 and must be used to accomplish a turnaround time of 45 days for applicants to receive their ID. Once this timeline is accomplished, the commissioner must reduce temporary staffing to maintain an average turnaround time of 45 days. No funding may be used for permanent staff and it is only dedicated for the processing and issuing of driver’s licenses. (HF 4531)

Transportation and public safety COVID accommodations

Legislative leaders representing transportation and public safety issues came to a bipartisan agreement on a variety of proposals to continue to address mobility and supply chain concerns during the COVID-19 crisis.

The changes allow out-of-state drivers a license extension, commercial drivers an exemption to in-person license renewal requirements, extend the expiration of non-passenger vehicle tabs that cannot be renewed online, and allow Metro Transit to use federal funds to protect drivers and keep public facilities sanitary.

Ensuring that commercial truckers are able to continue the delivery of critical goods and maintain supply chains has been a priority for legislators. These changes streamlined commercial license renewals during the peacetime emergency, along with efforts by the Department of Public Safety to resume road exams for new commercial drivers’ license applicants. (HF 4556)

Transportation policy omnibus

A bipartisan coalition of legislators and transportation advocates compiled a list of noncontroversial transportation policy proposals that unanimously passed the Legislature this week. Notable provisions include the requirement for school buses to use their warning lights and stop arms when making school supply and meal deliveries to students. Bus drivers right now may only use these devices when school children are being transported.

A privacy provision will allow drivers involved in a collision to provide an email address or mailing address to the other driver instead of their actual residential address for safety purposes. Drivers’ licenses and Minnesota ID cards will now provide the option for people with mental conditions to possess a license bearing a graphic or written identifier to help law enforcement.

Additional provisions accommodate drivers by waiving the requirement for a new photo and eye exam to renew their non-REAL ID license as long as their name, address, and driver’s license number have not changed. This change is intended to resolve difficulty in maintaining social distances at DVS and other licensing offices.

The Senate is working hard to provide policy changes that will help Minnesotans during these uncertain times, from protecting our students while they’re distance learning to making social distancing easier at places such as the DMV. (HF 462)

Non-COVID provisions passed

Highway 14 Funding

A bill was signed into law to dedicate approximately $4 million annually in the trunk highway fund to repay the interest on a federal loan that MnDOT is expected to apply for. The loan MnDOT will be applying for is a $36 million Transportation Infrastructure Finance and Innovation Act (TIFIA) loan through the Rural Project Initiative to fund construction of the last stretch of Highway 14. The project will complete the final 12 miles of Highway 14 that are not yet expanded to four lanes between New Ulm and Mankato.

The agency believes statutory language is necessary to divert trunk highway funds to pay the interest on the loan. Interest rates on TIFIA loans are low—typically 1.2-1.3%. Local governments have committed another $36 million to the project, and MNDOT believes the agency has the capacity to find revenue to pay the remaining $20 million gap (potentially through another federal grant).

The Rural Project Initiative is a special federal program passed as part of TIFIA that provides low-cost loans for transportation projects to small and rural communities across the country. Fixed interest rate loans are available for up to 49% of a project’s eligible costs.

The cities and towns of southern Minnesota are in strong support of this DFL-authored legislation, which will improve public safety and commerce along Highway 14. Numerous accidents and fatalities on Highway 14 have demonstrated the need to expand the highway to four lanes and fund other safety improvements to the corridor. (SF 3878)

Salvage title consumer protection

Legislation passed this session will expand the issuance of salvage titles to all vehicles that receive a total loss settlement from an insurance company. Consumers may not be aware of safety defects of lower value vehicles that have been totaled; this reform will provide them with more information on vehicles they intend to buy.

Under current law, only high-value vehicles (over $9,000 in cash value) and late model vehicles (under five years old) are required to have a salvage title if the vehicle is involved in an incident that an insurance company deems to be a repairable but total loss. Vehicles that do not fit within this classification may be given a ‘clean’ title regardless of whether the vehicle was determined to be totaled. This means lower value vehicles that have been totaled but repaired can slip under the radar of consumers because they don’t require a salvage title.

This legislation is an important consumer protection measure because it will prevent consumers from paying inflated prices for structurally compromised vehicles that don’t possess a salvage title. (SF 2224)

Thank you and stay safe!

It is my greatest honor to represent you the citizens of Brooklyn Park, Champlin and Coon Rapids here at our great state capitol. In addition to representing you, I absolutely enjoy it when you come visit normally. However, due to the health issues regarding the coronavirus I’d like to inform you of a few changes made at the legislature for the moment.

Currently we are not gathering in the office save for legislative work to protect Minnesota Citizens. I will update you as the situations progresses and changes, but as said above you can still reach out anytime by email and phone.

So stay safe, reach out and tell me what matters to you so I can continue working on your behalf. You can reach me by email at sen.john.hoffman@senate.mn, phone by 651-296-4154.

Sincerely,

Senator John Hoffman

If you have any questions or concerns feel free to call my office at 651-296-4154 or by e-mail at jhoffman@senate.mn

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State-level resources for Minnesotans during COVID-19

With daily changes in how we as Minnesotans are responding to the ongoing pandemic, here are some resources to help you stay up to date on the latest COVID-related news.

Minnesota COVID-19 Response Website: mn.gov/covid19

Mental Health:

Crisis Text Line: 24/7 emergency service available if you or someone you know is experiencing a psychiatric or mental health crisis. Text “MN” to 741741
County Crisis Contacts: access a directory of mental health crisis phone numbers by county here:

Adult Mental Health Crisis Response Numbers
Children Mental Health Crisis Response Numbers

Talk to a specialist who has firsthand experience living with a mental health condition by calling the Minnesota Warmline at 651-288-0400 or texting “Support” to 85511
National Suicide Prevention Lifeline: Available 24/7 to those in distress, for prevention and crisis resources for you or your loved ones. Call 1-800-273-TALK (8255)
Substance abuse and mental health services helpline: Offers crisis counseling and support if you or a family member is experiencing emotional distress related to a disaster. Call 1-800-985-5990
Peer support connection warmlines: Peer-to-peer telephone support that’s safe and supportive. Open 5p.m. to 9a.m. by calling or texting 844-739-6369
Resources to support mental well-being for children and families:
Supporting Mental Promotion during COVID-19(MDH)
Mental and Behavioral Health Resources During COVID19(MDH)
Supporting people who have disabilities during COVID-19

Health and Human Services:

Governor Walz’s new Dashboard tracking COVID-19 in Minnesota can be found HERE

Hotline for Health Questions:

Interpreters available/Intérpretes en Español

651-201-3920 or 1-800-657-3903 (7am-7pm daily)

Visit www.health.state.mn.us

The Department of Human Services has a number of updates and resources that can be accessed on their website, available HERE. If you are receiving services or would like to see what is available, go online to learn more about the programs and services administered by DHS.
Minnesotans living with disabilities can visit Disability Hub MN at org for a free statewide resource network to help solve problems, navigate systems, and plan for the future
Information on DHS food assistance can be found HERE.
Information in other non-English languages:
COVID-19 in Amharic (PDF)
COVID-19 in Arabic (PDF)
COVID-19 in Chinese (PDF)
COVID-19 in Hmong (PDF)
COVID-19 in Karen (PDF)
COVID-19 in Russian (PDF)
COVID-19 in Somali (PDF)
COVID-19 in Spanish (PDF)
COVID-19 in Vietnamese (PDF)

Seniors:

If you need help finding alternative services, the Senior LinkAge Line is 1-800-333-2433. Senior LinkAge Line specialists assist seniors in finding the resources and services they need.
Alzheimer’s Association of Minnesota-North Dakota24/7 helpline: 800-272-3900
Online resources, virtual community programs, and caregiver tips are available HERE.

Leading Age Minnesota has a number of tools & resources for caregivers to utilize, including visitation guidance, information on state and federal funding, and other resources for prevention and monitoring, all of which can be found HERE.

K-12 Education and Childcare:

Hotline for School and Childcare questions:
Interpreters available/Intérpretes en Español

Call 651-297-1304 or 1-800-657-3504 (7am-7pm daily)

Hotline for Childcare Providers with questions: 1-888-234-1268
Updates about K-12 education from the Minnesota Department of Education can be found online HERE
Information on childcare for families and providers can be found online HERE

Meals for kids: MDE announced a new app/website that can be used to locate free meals for kids, in addition to what districts are doing: www.hungerimpactpartners.org.

Housing and Employment:

Hotline for workers and employers: 651-259-7114 or 800-657-3858, or visit mn.gov/deed
Hotlines for housing questions:For single-family residences: 651-296-8215
For multi-family residences: 651-297-4455
Available Monday – Friday, 8:00am – 5:00pm

Apply for unemployment insurance at this website.
Video in Spanish about applying for unemployment insurance.
Employee protections during Covid-19 in Spanish: Protección para empleados durante el Covid-19

Also Serving Undocumented Minnesotans:

Minnesota Association of Community Health Centers for free/low-cost/community health care centers
Minnesota Community Care also offers low-cost care
Community Health Service offers free/low-cost care catered to agricultural workers (bilingual services available)
Information on the City of Minneapolis COVID-19 Response Fund (Español, Soomaali, Oromo)INGLES
ESPAÑOL

Paul Bridge Fund:INGLES:

Main Website
Bridge Fund for Families
Bridge Fund for Small BusinessesESPAÑOL:

Website Principal HERE
Bridge Fund for Families and Small Businesses Google Doc in Spanish translated by UNIDOS MN
Free and confidential legal support for Minnesota renters (in multiple languages)

Mutual aid funds:

Women for Political Change mutual aid
Scholly student relief fund
Navigate MN Immigrant Families COVID-19 Fund (application process has not yet begun)
COVID-19 Mutual Aid & Funding Resources

Metro Transit: stay up to date on transit changes due to COVID by visiting their website.

Discrimination Hotline to report discrimination on account of COVID-19 (translation services available):

Complete and submit THIS ONLINE FORM

Send us an email at mdhr@state.mn.us

Call us at 651-539-1133 or 1-800-657-3704

Governor Walz’s Stay-at-Home Executive Order:

Governor Walz issued a Stay-at-Home Order on March 27, lasting until April 10, which can be read HERE. NOTE: The order was extended on April 30 and will last until May 18. More information can be found on gov/covid19. These are updating with new orders and the new phasing of opening Minnesota.

Guidance on the order, including information on critical workers exempted from the order, can be found HERE.

The governor’s office has compiled an FAQ page about the order, which can be accessed online HERE.

To learn more about the Governor’s strategy to get Minnesotans back to work you can explore the engagement page on the COVID-19 website.

There is now a hotline and email for residents to report violations: 651-793-3746 or sahviolations@state.mn.us

Guidance for the latest Executive Order on opening certain businesses back up:DEED: gov/deed/newscenter/covid/safework
Guidance: gov/deed/newscenter/covid/safework/non-critical

Volunteer Opportunities

Medical Reserve Corps: Find out how you can volunteer with the Minnesota Responds Medical Reserve Corps HERE.

Donate PPE: The Salvation Army is collecting donations of 500 pieces of PPE or more. Locations can be found online, HERE. If you have fewer than 500 pieces of PPE, please consider donating to a local donation center or contact your county’s emergency manager for more information, which can be found HERE.

Jobs and Economic Development

COVID-19 provisions passed

Presumed Workers Compensation Benefits for Frontline Workers: Qualifying public safety and health care workers who contracted COVID-19 were presumed to have become ill in a work setting and would be eligible for workers’ compensation benefits. The bill streamlined the process for workers to have access to compensation benefits for workers most at risk of getting COVID-19 in the process of caring for people. (HF 4537)

Small Business Emergency Loans:Approximately $30 million for businesses directly impacted by Governor Walz’s Executive Order closing restaurants, bars, and other places of public accommodation was made available in the form loans and grants. To pay for the program $20 million was taken from the Minnesota 21^stcentury fund and $10 million from the Minnesota Investment Fund.  This proposal was included in an Executive Order but was later added to statute. (HF 4531)

Small Business Loan Guarantee Program:The Legislature appropriated $10 million to help small businesses impacted by COVID-19 but do not qualify for an SBA disaster assistance loan. The proposal guarantees 80% of loans up to $200,000. A small business is defined as employing no more than 250 full-time equivalent employees. The loans could be used for machinery or equipment purchases, maintenance or repair, and working capital if it is secured by fixed assets when possible. This proposal was included in an Executive Order but was later added to statute. (HF 4531)

Judiciary

COVID-19 provisions passed

One of the COVID-19 response bills the Legislature passed included judiciary provisions to help Minnesotans take care of the important parts of their lives, even during a pandemic. Minnesotans are finding difficulties with judiciary matters that typically involve interactions with other people, so the bill made a number of changes to these matters that reflect the social distancing that Minnesotans are using to reduce the spread of the virus.

• Marriage License: One of these changes was the ability for couples to apply for marriage licenses electronically. Usually, at least one person in a couple applying for a marriage license must apply in person. The response bill allowed counties to waive that requirement during peacetime emergencies, allowing for applications to be accepted by mail, fax, or electronic filing, if the application is signed by both individuals and they’ve been examined under oath. Examination under oath may happen over video or audio, and both individuals have to attest to the legality of the marriage. Counties aren’t required to offer this, so individuals should check with their counties to see if it is an option.
• Child Support: Those owing child support see a cost of living adjustment every year. The COLA adjustment may be contested, but it’s typically done in person with a deadline to contest that adjustment. The response bill moved that deadline from May 1, 2020 to June 30, and there is an extension of the deadline until October 31, 2020 if an individual is unable to file a contest before June 30 due to COVID-19.
• Wills: Minnesotans are also looking to update their wills in light of the global pandemic. In Minnesota, wills must be written, signed by the individual the will belongs to or their designee, and signed by two witnesses. However, attorneys are seeing challenges in getting wills properly executed, especially with at-risk populations. People don’t want to go to their lawyer’s office and are finding it difficult to get witnesses. This is especially true for people who have been quarantined or are in communal care settings that are effectively in lock-down mode.

Attorneys have been hearing cases of individuals using nonconventional witness options that have not been vetted by the state’s courts. The bill acknowledged this by allowing wills to be probated with errors in execution if the errors are harmless. It’s effective for wills and documents made or changed on or after March 13, 2020 and before February 15, 2021.

• Court Deadlines: The bill also included a stay on certain deadlines for the judicial branch in district and appeals courts. There are a number of statutory deadlines prescribed for the state’s district and appellate courts prescribed in statute that are difficult to meet right now in light of COVID-19, especially as the judicial system is limiting interactions. The bill suspended those deadlines until 60 days after the end of the peacetime emergency.

The bill specifically does not prohibit a court from holding a hearing, requiring an appearance, or issuing an order if it’s determined that it’s relevant to public safety, personal safety, or other emergency matters.

The legislation is effective the day after final enactment and applies to all deadlines that hadn’t expired by March 13, 2020 and to deadlines generated on or after that day.

The Senate is committed to keeping Minnesotans safe and informed during this pandemic. We know the stay-at-home order worked as we saw a shift in the curve. We’re moving into a Stay Safe Minnesota phase, but we know that life goes on even while we’re working on keeping everyone safe. We understand this and are working to find additional ways to adapt so that people can take care of the important parts of their life without putting themselves or others at risk. (HF 4556)

Non-COVID bills that passed

Data privacy package

As we create technology that improves people’s live, we also open a lot of questions about privacy and civil liberties that haven’t existed in the past.

The Legislature passed a data privacy omnibus bill this session that would close loopholes and establish warrant requirements for some of this new technology, including for drones and smart phone apps as well as emails.

Under the new legislation, law enforcement agencies would be required to obtain a warrant in order to use a drone for surveillance, with some exceptions for emergencies, disasters, and other issues. The data collected by these drones must be deleted as soon as possible, and there are requirements for notifying individuals if they were the subject of a drone warrant. Law enforcement agencies are required to allow for public comment before purchasing a drone.

The bill also requires law enforcement to obtain a warrant to search through electronic communication, namely emails. Emails that are older than 180 days may be searched without a warrant, and this legislation would close that loophole.

Smart phone apps are also included in the bill. Unique identifiers are IDs associated with electronics such as cell phones and tablets, and the various apps the electronics may use, such as Snapchat. Unique IDs can be used to track individual devices, which can reveal user behavior as well as place users into geographic regions, creating what is essentially more GPS data.

Law enforcement agencies have asked app developers, such as Snapchat, for this GPS data to assist in missing person cases. There has been uncertainty around sharing this data, and the bill aims to clarify that uncertainty by requiring law enforcement to obtain warrants for this data as well. The bill also included reporting requirements for electronic location tracking warrants as well as other data privacy-related issues.

Innovations in technology have increased our ability to connect with others and have broken down barriers in education, economics, and more. However, we must balance our civil liberties and rights to privacy in those innovations. The Senate will keep working to find that balance and protect our privacy. (SF 3072)

Civil laws package

COVID-19 has changed the look of the Legislature this year, with CDC recommendations resulting in social distancing among legislators and members spending less time on the floor to reduce the risk of the spread of the virus. The Judiciary Committee has responded to this by packaging smaller, issue-related bills into omnibus bills, including a civil law package.

The bill made a series of changes to the state’s guardianship and conservatorship provisions based on recommendations from stakeholders, which included ARC MN, Legal Aid, the Consortium for Citizens with Disabilities, Minnesota Elder Justice Center, Estate and Elder Law Services – Volunteers of America, the Proof Alliance, and Lutheran Social Services. The changes aim to provide more independence and allow for more supported decision-making for those under guardianship or conservatorship.

The bill also included a provision supported by Legal Aid and the Minnesota Collectors’ Association that would make changes to the state’s wage garnishment laws. It also allows workers to preserve 40 times of either the state or federal minimum wage, whichever is higher, from garnishment per pay period and extends the length of time that court ordered wage garnishment can continue from 70 to 90 days.

Creditors are able to renew garnishments for a $15 fee that gets added to the debtor’s bill. The bill allows individuals to keep a little more money and extends the garnishment period an additional 20 days in order to reduce the amount of fees that end up tacked on to the debt.

Also included in the bill were changes to the uniform transfers to minors’ act and common interest ownerships.

How the Legislature is working may look different, but legislators have been hard at work this session passing bills that will improve the lives of all Minnesotans. These changes to civil laws will make a big difference for those affected. (SF 3357)

Public safety package

The Legislature passed a third judiciary omnibus bill near the end of session that focused on bipartisan updates to public safety.

The bill included a number of small provisions, including changes requested by the Department of Public Safety and the Department of Corrections, that will make a big difference in keeping Minnesotans safe.

Under the bill conservation officers are allowed to enforce DWI laws, and updates were made to background check requirements. The bill requires feminine hygiene products to be provided to individuals who need them while incarcerated and prohibits the flying of drones over correctional facilities. The bill also offers more flexibility to non-profits that administer the state’s youth intervention program grants.

All of the provisions were bipartisan and had stakeholder agreement. The bill was a strong example of the Senate continuing to work for the safety of our communities even in the midst of a global pandemic. (SF 3258)

Child marriage ban

The Legislature passed and Governor Walz signed into law this session a bill that limits marriage to those 18 years of age and older. Child marriages may have been acceptable a century ago, but today we know that girls should stay in school, and when young girls have babies, infant mortality and maternal mortality rates are high.

While the age of consent to marry in Minnesota is currently 18, a loophole exists allowing minors aged 16 and 17 to be married with parental consent and judicial approval. When a child is forced to marry, the perpetrators are typically the parents. Parental “consent” is often parental “coercion.” Additionally, judges have wide discretion to approve marriages with a spousal age difference that constitutes statutory rape or where a child is marrying a registered sex offender.

Children can easily be forced into marriage or to remain in a marriage before they become legal adults at 18. As children, these victims face huge barriers if they try to leave home, enter a domestic violence shelter, or retain an attorney. It is unclear whether they can independently file for divorce (children may sue only through guardian ad litem, parent, guardian, friend or relative).

The research is clear: children who marry before 18 are far more likely to suffer from abuse, poverty, disease, and divorce than those who wait until they are 18 or older. Children who marry drop out of high school at disproportionately high rates and perpetuate poverty for their future children. This bill will protect children and allow them, particularly girls, to finish school and create the foundation they need to be successful. (SF 1393)

Presumptive five-year probation cap

The Minnesota Sentencing Guidelines Commission recently voted to support a presumptive five-year probation cap for felons in Minnesota.

Under the new guidelines, felony offenses, with the exception of homicide and criminal sex crimes, would be presumptively limited to no more than five years for probation. The proposal is not retroactive and would only affect probation sentences given after August 1, 2020.

Research shows the majority of probation revocations occur in the first 24 months of a probation sentence. The likeliness of an individual reoffending after seven years is the same as an individual with no criminal history score.

There are also vastly different probation sentences based on where a person lives in Minnesota. Probation sentences in Hennepin County average three years; probation sentences in the 7th judicial district, which includes a west-central region of the states, average seven years.

Recommendations from the Sentencing Guidelines Commission go into effect automatically on August 1 of the year they are proposed unless the Legislature acts to stop them. House DFLers passed a bill last year that would also cap probation lengths, but it did not make it through the Senate.

Minnesota has the fifth-highest rate in the country for people under community supervision. Senate DFLers are committed to ensuring Minnesota is using supervision effectively, and the Sentencing Guideline Commission’s proposal provides an opportunity to do so.

Sentencing Guideline Commission recommendations go into effect on August 1^stunless the Legislature acts otherwise, and while Senate Republicans passed a bill through Judiciary that would block the recommendations, the bill wasn’t passed on the floor and the House never heard a bill.

Barring any changes over the next few months, Minnesota will have a presumptive five-year cap on probation sentences in effect on August 1^st.

Disaster assistance contingency funding

The state’s disaster assistance contingency account was created in 2014, in order to get disaster assistance funds to cities without waiting for a special session.

The account has been used 40 times, and the Legislature has appropriated $82 million for the account; 16 of the last 40 requests have come in the last two years. The fund has been used more frequently recently as natural disasters are happening more often and becoming more severe.

The account provides the funds for gubernatorially-declared disasters as well as the required 25% share of state funding when the Federal Emergency Management Agency (FEMA) declares a federal emergency. Last session, the Minnesota Legislature funded the Disaster Assistance Contingency Account with enough dollars to account for the state’s share of FEMA’s spring 2019 flooding assessments, as well as additional state-declared emergencies. However, in January 2020, Minnesota was informed that FEMA severely underestimated the cost of recovery and nearly doubled their assessment.

The account is facing a $3 million deficit due to unexpected high flooding during the spring of 2019. The Legislature passed a bill that included $30 million in funding for the account, to cover the deficit and ensure funds are available for future disaster assistance needs. (SF 3564)

Best practices for eyewitnesses

There have long been issues with eyewitness testimony, as its accuracy and reliability can be subjective. The Innocence Project and other stakeholders worked with the Legislature this session to pass a bill requiring that best practices for eyewitness identification be adopted by law enforcement agencies in Minnesota.

The bill makes a number of changes to current eyewitness identification practices to better the accuracy of the identification and reduce false identifications.

The Senate is taking a taking a hard look at our criminal justice system and the inequities within it. This bill is another small step in ensuring all Minnesotans receive justice. (SF 1256/HF 627)

State and Local Government

COVID-19 provisions passed

Help America Vote Act (HAVA)

The Legislature authorized Help America Vote Act (HAVA) funds from the federal 2019 Consolidated Appropriations Act ($7.3 million) and 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act ($6.9 million). The bill included the required 20% state match, which is $1.4 million appropriated from the General Fund. The federal Election Assistance Commission recently issued guidance that states may use HAVA funds for COVID-related expenses (e.g. personal protective equipment or absentee ballot expansion) if the funds don’t supplant other existing state or local election appropriations. (HF 3429)

Election preparedness

Various election-related accommodations for local election officials and the Office of the Secretary of State were passed in anticipation of managing the presidential election and primary amid the COVID-19 pandemic.

Local election officials are now able to designate new polling locations until July 1, allow health care workers to administer absentee ballots to residents, and process absentee ballots on an extended timeline. Election officials will only be able to use schools as polling locations when no other location is reasonably available. If schools must be used, election officials and school staff must work to ensure that contact between voters and students is minimized.

While the Legislature failed to allow automatic vote-by-mail, legislation was passed that does anticipate an influx of more absentee ballot applications this election season. Local election officials are provided an additional week (for 14 days total) before election day to open and count absentee ballots plus two days following election day.

Since the national party conventions have been pushed back, the Legislature moved the deadline for when political parties must submit the names of candidates to be nominated as presidential electors. Currently, the deadline is 71 days prior to election day; legislation passed requires submission 67 days prior.

Affidavits of candidacy, nominating petitions, and requests to count write-in votes may now be requested electronically rather than requested in person at the Office of the Secretary of State. (HF 3429)

Public employee contacts

In October 2019, MMB concluded negotiations on new public employee labor contracts for 2020-21 for AFSCME Council 5, AFSCME Council 25, MAPE, and the Middle Management Association. The contracts provide for a 2.25% and 2.5% across-the-board increase in both fiscal years. Since the Legislative Coordinating Commission Subcommittee on Employee Relations (SER) did not approve the contracts during the interim within 30 days of a tentative agreement, the AFSCME and MAPE contracts went into effect in November of 2019.

Minnesota State reached labor agreements with the Inter Faculty Organization to provide 1.9% and 2.0% across-the-board increases for 2020-21, respectively, and the Minnesota State University Association of Administrative and Service Faculty to provide an across-the-board increase of 1.5% in 2020. Since the SER did not approve the contracts during the interim, the contracts were implemented in early January.

Contract agreements for the Minnesota Nurses Association, Minnesota State College Faculty, Government Engineers Council, and the administrative plans also provide a 2% and a 2.5% salary increase but they have not gone into effect because they were either submitted too late or require direct SER or legislative approval. (HF 2796)

Fraternal organizations COVID flexibility

Legislation was passed to allow veterans and fraternal clubs to loan lawful gambling funds to the organization’s general account for emergency expenditures due to the COVID-19 pandemic. Emergency expenditures include reopening their primary headquarters for non-gambling related purposes or to meet a financial obligation due and payable that if not met, would require the organization to close its primary headquarters – paying utility expenses in particular. Loans must be repaid to the gambling account within one calendar year.

The legislation provided additional regulatory changes requested by the Gambling Control Board and passed unanimously by the Senate. (SF 512)

Racing Commission COVID flexibility

Legislation passed that temporarily allows horse racing purse funds to be used for capital improvements at Canterbury Park and Running Aces upon agreement with horsepersons’ organizations. It also temporarily increases the fee on advanced deposit wagers from one to two percent of the total wagered by Minnesota residents. This will allow the Racing Commission to manage horse racing if it recommences this summer either remotely or with social distancing in place. It allows the Racing Commission to permit card clubs at a licensed track even if the track does not have at least 50 days of racing this season due to a shorter racing season. (HF 4597)

MMB grant extension

Language passed this session allows grants issued by the state, with approval from MMB, to be extended up to two years beyond the year the grants are scheduled to expire. This is intended to help grantees who may be unable to expend funds as required by the terms of the grant due to impediments created by the pandemic. (HF 4500)

Non-COVID provisions passed

Omnibus pension bill

The Senate and House passed an omnibus pension bill that made various technical changes to the public pension plans, including the Minnesota State Retirement Association (MSRS), Public Employee Retirement Association (PERA), and Teachers Retirement Association (TRA). The bill also resolves several issues pertaining to volunteer fire relief associations and municipalities.

Many municipalities in Minnesota are converting to career fire departments as opposed to volunteer or on-call departments due to a number of factors, including growing populations or a lack of volunteers. As volunteer fire relief associations have been dissolved, there have been several disputes between cities and fire relief associations over the allocation of surplus fund benefits. Currently, cities retain the pension assets, and volunteer firefighters do not receive any of the excess funds.

Based on the recommendations of the Conversions and Dissolutions Working Group, the omnibus pension bill implements a process for the distribution of benefits between cities and volunteer firefighters. If a dissolving fund has a surplus, the bill allows volunteer firefighters to receive up to 125% of the maximum benefit allowable under law (which is also increased in this bill) in the form of an increased lump sum or monthly annuity. The remainder of any assets are provided to the municipality if it has made contributions in the past, and if additional funds are available, they are split 50/50 between the relief and the city.

The bill also codifies various agreements between cities and relief associations on how to allocate fire state aid, dissolve associations, or transfer retirement accounts for Eagan, Brooklyn Park, Ramsey, and Nowthen. The bill includes language allowing the Austin and Hibbing relief associations to continue to allocate fire state aid under their existing agreements and court-approved settlements. It also enacts various recommendations from the Volunteer Fire Relief Association Working Group and Fire State Aid Working Group.

The omnibus pension bill was agreed upon by all stakeholders and was unanimously passed by the Legislative Commission on Pensions and Retirement, the State Government Finance Committee, and full Senate unanimously. (SF 3808)

Taxes

COVID-19 provisions passed

Grants to tribal nations

The first COVID response bill passed by the Legislature in March transferred $11 million in FY 2020 from the general fund to the Revenue commissioner for grants to the following tribal nations for emergency response activities related to COVID-19:

• Fond du Lac Band
• Grand Portage Band
• Mille Lacs Band
• White Earth Band
• Bois Fort Nett Lake Band
• Leech Lake Band
• Red Lake Nation
• Upper Sioux Community
• Lower Sioux Community
• Shakopee-Mdewakanton Sioux Community
• Prairie Island Mdewakanton Dakota Community

Each tribal nation must use the funding for activities that mitigate the immediate health and economic impacts of COVID-19, including reimbursable activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; securing basic needs, including but not limited to food and shelter, for tribal members. (HS 4531)

Liquor posting

A business with a liquor license is subject to “liquor posting” for delinquent taxes (sales tax, withholding). A business that is delinquent is not allowed to receive alcohol from a distributor until the tax is paid. A bill signed by the governor in April allowed businesses impacted by Executive Order 20-04, 20-18, 20-33, or future extensions to receive alcohol from distributors, despite being late in paying certain taxes. The primary purpose for the temporary change was to allow closed businesses to receive liquor upon the date of re-opening, despite being delayed in paying certain taxes. The authority was retroactive to taxes and filings due after Jan. 31, 2020 and expires four months after EO 20-33 or a related order extending the closure of bars or restaurants expires. (SF 4462)

Property tax assessment appeals

The first COVID response bill passed by the Legislature in March, extended the deadline to file an appeal of a property assessment from April 30 to May 30 for taxes payable 2020 only. (HF 4531)

Veterans

COVID-19 provisions passed

The first COVID-19 response bill the Legislature passed included $6.2 million dollars in special emergency grants for Minnesota’s veterans and their families who are facing financial difficulties as a result of the pandemic. The assistance requires an application and certification of eligibility.

The grants may be used for emergency financial assistance, hospitalization assistance, medical care or treatment, and other financial issues related to the COVID-19 virus.

Both disaster relief grants and special needs grants are available. The Department of Veterans Affairs have received over 4,000 applications for these grants. Grants will be available until the fund is exhausted. More information on the available grants can be found here.

Senate DFLers recognize the difficulties veterans are facing during this pandemic. We encourage those in need to take advantage of these grants, and we will continue to support our state’s veterans and look for innovative ways to offer assistance. (HS 4531)

Information and Resources

State Government

Governor

651.201.3400 | http://mn.gov/governor

Attorney General
651.296.3353 | www.ag.state.mn.us

Representative Melissa Hortman (36B)
651.296.4280

Representative Zack Stephenson (36A)
651.296.5513

Driver’s Licenses
651.297.3298 | drivers-license-information.aspx

MN Energy Assistance Program
800.657.3710

https://mn.gov/commerce/eap.jsp

Election Information
651.215.1440 | https://www.sos.state.mn.us/

Emerald Ash Borer Prevention
and Detection
(MN Dept. of Agriculture)

pestmanagement/eab/eabbiocontrol

651.201.6684

Local Government

City of Champlin 763.421.8100

City of Brooklyn Park 763.424.8000

City of Coon Rapids 763.755.2880

Anoka County 763.421.4760

Federal Government

U.S. Senator Amy Klobuchar
612.727.5220 | https://www.klobuchar.senate.gov/public/

U.S. Senator Tina Smith
202.224-5641 | https://www.smith.senate.gov/HomePage

U.S. Congressman Dean Phillips (3rd CD)
202.225.2871 | https://phillips.house.gov/