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Sen. John Hoffman (SD36) Update: May 8, 2020

Dear Friends and Neighbors,

I hope you and your family are staying safe. I want to update you as the formal legislative session nears its end. We will likely meet somewhat regularly with special sessions throughout the summer and fall as needed to address COVID-19 related legislation and funding. Minnesota will be receiving roughly two billion dollars in federal aid. While it is earmarked for what it can be used for, we can help decide where each dollar is spent within each category assigned.

I will be working to ensure we take care of affected Minnesotans and that every dollar impacts our citizens positively in handling this crisis. Our Governor has also continued to open up different operations with proper safety procedures and equipment in place. We continue to make progress and a large part of that is those who have reached out to me to let me know what it is that affects you most so that I can advocate in the Legislature and to the Governor what it is you need.

Stay safe everyone and keep in touch. From my family to yours,

John

  1. State’s budget health takes a $4 billion swingMinnesota officials received an interim budget projection this week from economic experts that provides a glimpse into the sustained effects the coronavirus pandemic has had on state finances. As a reminder, the February economic forecast projected about a $1.5 billion budget surplus for the Fiscal Year 2020-2021 period. This week’s numbers now project a deficit of $2.426 billion for the same period. That is a nearly $4 billion change in a matter of weeks.Most of the dip is attributable to a $3.611 billion reduction in expected revenues coming into the state. Spending also is projected to be $391 million higher as the state responds to the pandemic. The state’s budget reserve account remains at $2.359 billion, largely because DFL lawmakers insisted on an automatic savings tool in 2014 that directed up to one-third of each budget surplus to the state’s savings account. Although lawmakers will use caution in dipping into the reserve account, it is a welcome resource that may prevent some harmful budget reductions.

    The state’s budget office typically provides a budget forecast in February and November of each year, and those numbers guide the legislature’s funding decisions for the approaching fiscal years. This year, Governor Walz wisely urged the finance agency to produce an interim projection so lawmakers could make better informed decisions. While it is helpful information, finance experts warn that the economic outlook will remain volatile for some time and prolonged budget effects are expected to continue changing.

    The legislature is constitutionally mandated to adjourn by May 18. Governor Walz acknowledged that every budget decision cannot responsibly be made in the next 10 days, and that lawmakers should expect to return for special session if needed to address ongoing issues. Lawmakers must find bipartisan agreement on specific issues by Saturday, May 9, and larger bills, such as the bonding bill and tax decisions, will be negotiated in the coming days with a goal of passing larger bills before the May 18 adjournment.

    Protections against evictions and foreclosures advance in the Senate

    Legislation was heard this week to protect tenants and residents from being evicted or having their house foreclosed on during this COVID-19 crisis. While the $30 million Senate Republicans appropriated in their version of the bill falls short of the $100 million that Senate DFLers believes is necessary to address to address housing security issues for Minnesotans across the state, the bill is an important first step.

    No foreclosure will be permitted to be declared during the pandemic, and we will continue working tirelessly to ensure Minnesotans can meet their basic needs and have economic security during these tumultuous times by advocating for the full $100 million contained within the House version of the bill. (SF 4495)

    Distance learning, telemedicine, broadband grants passes Senate

    A bill to provide access to those students with internet access issues during the COVID-19 peacetime emergency passed the Minnesota Senate this week on a 66-0 vote. The $8 million appropriated can be used to provide devices to students to access online learning materials. The bill also establishes $2 million for a telemedicine equipment reimbursement grant program administered by DEED. The money is available to eligible applicants for the purchase and installation of telemedicine equipment to serve patients during the COVID-19 pandemic.

    $10 million is also made available for border-to-border broadband grants targeting unserved areas. The resources available for border-to-border broadband grants are only available if money is reimbursable by the federal government.

    Distance learning can be difficult especially for students without access to internet and other resources, and the Senate wants to make sure all students succeed and the achievement gap is not widened during this time of distance learning. (SF 4494)

    Senate continues to fight for 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 a number of 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. This week, the Senate unanimously passed a bill to establish new financial protections for older and vulnerable adults. It 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.

    The bill will go next to the House where it will work its way through committees before a final vote on the floor. (SF 2466)

    Second round of emergency childcare grants open

    Applications have opened for a second round of Peacetime Emergency Child Care Grants administered by Child Care Aware of Minnesota. The applications are open from Tuesday May 5 until Tuesday May 12 at 5pm. These funds will allow these providers to continue providing childcare to essential workers during the pandemic, to ensure that those working on the front lines of this crisis have care available for their children as they continue to tirelessly fight this virus. The monthly awards start at $4,500, with up to $15,500 in additional funding based on added services and capacity.

    This money is an essential part of the state’s response to COVID-19 and helps our workers stay secure in their minds that their children will be taken care of properly and safely. The Senate DFL are committed to providing our first responders and front line workers with everything they need to stay secure in their health and their minds during this pandemic, and these emergency childcare grants are just one example of many of Minnesota putting their citizens first during this pandemic. Those interested in applying for the grants should head here for more information.

    Action plan announced for long-term care residents and workers

    Governor Walz this week announced a comprehensive approach to protect Minnesota’s long-term care facilities during this devastating pandemic.

    This plan includes:

    1.  Expanded testing for residents and workers in long-term care facilities
    2.  Providing testing support and troubleshooting to clear barriers faster
    3.  Getting personal protective equipment to facilities when needed
    4.  Ensuring adequate staffing levels for facilities
    5.  Leveraging our partnerships with the facilities to better apply their skills and talents

    Residents at long-term care facilities – which include nursing homes, skilled nursing, and assisted living facilities – are at extreme risk during this pandemic due to older age, underlying medical conditions, and congregate living conditions. Shortages in testing, staffing, and PPE supply have only increased the threat these vulnerable populations face during these times.

    This plan includes steps like activating the National Guard to support crisis staffing needs and developing new procedures for testing and PPE procurement. The enhanced measures outlined in Governor Walz’s plan will help protect the residents and staff at these facilities and save lives across the state. Senate DFLers applaud the focus the Walz Administration has put on these residents and workers to bolster the important work that has already been taking place within these facilities. Learn more about the five-point plan here.

    Civil law package passes the Senate

    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. One of two judiciary omnibus bills the Senate took up this week focused on changes to civil law.

    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 are still hard at work passing bills that will improve the lives of all Minnesotans. These changes to civil laws will make a big difference for those affected.

    The bill passed the Senate unanimously and will next work its way to the House floor. (SF 3357)

    Senate passes 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 senate voted to pass a data privacy omnibus bill on the floor this week that would close loopholes and establish warrant requirements for some of this new technology, including 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 Snap Chat, 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. Senate DFLers will keep fighting to find that balance and protect our privacy.

    The bill passed the Senate unanimously and will next work its way to the House floor. (SF 3072)

    Ending child marriage in Minnesota

    The Minnesota Senate passed bipartisan legislation this week to limit marriage to those 18 years of age and older. The House passed similar language on a unanimous vote last year, and the governor is expected to sign the provision into law. 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)

    Safe and secure elections

    The Senate passed a bill this week to improve the safety and security of the 2020 primary and presidential elections. The Help America Vote Act (HAVA) funding from the federal government, totaling more than $16 million, will help local election officials pay for COVID-related election expenses, including personal protective equipment and resources to process the anticipated influx of absentee ballots.

    The bill provides flexibility for officials to open and process absentee ballots one week earlier—up to 14 days—prior to election day and allows two days for tabulation after election day. Health care workers are authorized to administer absentee ballots to residents, which will help to keep vulnerable populations away from polling locations. The bill also allows officials to move polling locations if they deem current locations unsafe and may alter polling locations until July 1 of this year. School buildings must only be used as polling locations if no other locations are reasonably available.

    The bill provides for electronic filing for affidavits of candidacy, nominating petitions, and requests to count write-in totals. Since the national party conventions have been pushed back, the bill moves the deadline for when political parties must submit the names of candidates to be nominated as presidential electors.

    Each of these election reforms will help the Secretary of State and local officials manage the upcoming elections in light of the COVID-19 pandemic to ensure voters’ voices are heard without compromising their health or safety. (HF 3429)

    Bill heard to grant charitable gambling organizations flexibility during pandemic

    A bill heard this week would provide flexibility and accommodations to veterans and fraternal clubs during the COVID-19 pandemic. The bill as amended would allow these clubs to loan lawful gambling funds to the organization’s general account for emergency expenditures such as reopening their primary headquarters for non-gambling-related purposes or to meet a financial obligation due that would require the organization to close its primary headquarters if not met.

    Any loans made from their lawful gambling funds would need to be repaid to the gambling account within one calendar year, and organizations must suspend gambling practices until the entire amount has been repaid. Applications for loans must be received by the organization’s board no later than 90 days following the end of the peacetime emergency, and any plan for the termination of lawful gambling made by the organization must also include a plan for loan repayment.

    There are also certain regulatory changes being proposed, some of which include increasing the amount of time charitable gambling organizations are automatically on probation for failing to distribute certain percentages of gambling gross profits, which was increased from one year to two years.

    The Senate is turning over all stones to find ways to help our small businesses and non-profits weather this pandemic, and this bill is another small way government can help.

    The bill is not anticipated to be controversial and was sent to the Senate Floor. (SF 512)

    Omnibus transportation bill passes

    A bipartisan coalition of legislators and transportation advocates compiled a list of noncontroversial transportation proposals that unanimously passed the senate 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 for 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. (SF 3255)

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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