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What the Minnesota Legislature did and didn't do in its final days
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May 19, 2020
2020 Legislative Session Ends

The 2020 Legislative Session officially ended at 12 a.m. on Monday, May 18. The second year of the biennium is often referred to as the “bonding year,” but no bonding bill could be agreed upon in time. Both majorities heard their own versions on the floor, and neither bill passed because neither bill obtained enough votes. Bonding bills require a supermajority vote, which is three-fifths of the body. The Senate’s offer was a $1 billion bonding package, and the House’s was $2 billion.

Other bills that did not make it to the finish line were a tax/economic relief bill, ratification of state worker contracts, a health and human services package and the education policy bill. The clock struck midnight during the middle of the roll call vote for the education policy bill in the House, which means that time ran out and it could not be sent to the Senate for final vote.

There will most likely be at least one special session. One should occur in mid-June, so that Minnesota’s peacetime emergency can be extended. It is possible that some of the larger items that could not be negotiated to pass during the regular session could be on the table for a special session.

The course of the pandemic, and subsequently its effect on the economy in the state of Minnesota, will certainly set the tone for interim and the potential for special sessions.
Legislation Passed during the 2020 Session

While much could not be agreed upon by legislators prior to the end of session, many impactful provisions did make it to the finish line. Here is a compilation of some of these bills.

COVID-19 Pandemic Relief
Several bills were passed during the pandemic to help providers and businesses impacted by the pandemic and resulting shelter-in-place order.

SF4334 established a public health response contingency account which was funded at $50 million for the purposes of preparing for or responding to an outbreak of COVID-19. Those eligible to use these funds are health systems, ambulance services, health care clinics, pharmacies, health care facilities and long-term care facilities. Funding is available for:
  • the establishment and operation of temporary sites to provide testing services, to provide treatment beds, or to isolate or quarantine affected individuals;
  • temporary conversion of space for another purpose that will revert to its original use;
  • staff overtime and hiring additional staff;
  • staff training and orientation;
  • purchasing consumable protective or treatment supplies and equipment to protect or treat staff, visitors, and patients;
  • development and implementation of screening and testing procedures;
  • patient outreach activities;
  • additional emergency transportation of patients;
  • temporary information technology and systems costs to support patient triage, screening, and telemedicine activities;
  • purchasing replacement parts or filters for medical equipment that is necessary for the equipment's operation;
  • specialty cleaning supplies for facilities and equipment;
  • expenses related to the isolation or quarantine of staff. These expenses must not include payment of wages for the staff being isolated or quarantined;
  • other expenses that, in the judgment of the commissioner, cannot reasonably be expected to generate income for the recipient of the funds after the outbreak ends.

SF4334 also created a health care response fund, which was funded at $150 million. Funding can be used for grants related to the costs of planning for and responding to the COVID-19 outbreak and for the establishment and operation of temporary sites to conduct testing, provide treatment beds or to isolate affected individuals. The Legislative Advisory Commission will have to approve expenditures from this account that are over $1,000,000. The commission has two days to approve, deny or make no recommendation for the expenditure.

SF3813 appropriated almost $21 million for a public health response contingency account for public health response related to the COVID-19 outbreak. Up to $4,622,000 may be used by the Department of Health. Any funds not used or obligated over $5,000,000 after February 1, 2021, will be transferred back to the general fund. The remainder of the funds left in the account are not subject to the usage restrictions in this bill.

HF4531 created peacetime emergency child care grants through a $30 million appropriation. Grant amounts begin at $4,500 and top out at $21,000 for larger providers. Family, center and tribally licensed child care programs are all eligible for these grants, provided that their license status is in good standing. In order to receive a grant, eligible programs must agree to the following:
  • Prioritize space for children of essential workers;
  • Stay open for the duration of the peacetime emergency or the one-month period of the grant, whichever occurs first;
  • Follow COVID-19 health and safety guidance for child care providers;
  • Not charge tuition to families whose children attended prior to the peacetime emergency but are no longer attending;
  • Must re-enroll families who paused their use of child care due to the peacetime emergency, as long as the family did not violate any other terms of their contract.

HF4531 also provided policy relief to Driver and Vehicle Services. $2.4 million was appropriated for the purpose of hiring temporary or contract Driver and Vehicle Services employees to process and issue driver’s licenses and ID cards. Temporary staff are only to be used until the average turnaround time to issue driver’s licenses and IDs reaches 45 days. During the peacetime emergency, but no later than January 31, 2021, the expiration date for licenses and IDs is extended until the end of the second month following the month in which the peacetime emergency ends. Out-of-state license holders must apply for a Minnesota license by the end of the second month following the month in which the peacetime emergency ends.

HF4531 grants the Office of Higher Education (OHE) the authority to modify or waive statutory requirements or administrative rules related to the state grant program, work study programs, the SELF loan and other lending programs in statute, and student grants, aid and scholarships in statute during the peacetime emergency.

HF4556 allows counties to accept electronic, mailed or faxed marriage applications during the peacetime emergency.

HF4556 also provides for a peacetime emergency exception to the open meeting law. During the peacetime emergency, an elected member of a local unit of government for medical reasons may virtually participate in a public meeting via a location not accessible to the public up to three times per calendar year.

Natural Disaster Contingency
SF3564 appropriated $30 million natural disaster contingency account. This account, which was established in 2014, provides money for uninsured damage to public infrastructure and response costs due to natural disasters such as flooding or tornadoes. The previous appropriations have been spent.

Workers’ Compensation
HF4537 allows firefighters, paramedics, police, long-term care workers, home health workers, correctional officers and people providing child care to emergency responders who contract COVID-19 to be eligible for workers’ compensation benefits once they receive a positive COVID-19 lab test or diagnosis.

Elections
Lawmakers approved a bipartisan package of election measures designed to keep Minnesota’s voters and poll workers safe during the COVID-19 pandemic. HF3429, authored by Rep. Michael Nelson and Sen. Mary Kiffmeyer, provides flexibility to election administrators and appropriates $14.3 million in election security funding allocated to Minnesota by the federal government.

Transportation
In response to the COVID-19 pandemic, HF462 extends the expiration date of Minnesota driver’s license and state identification card scheduled to expire during the peacetime public health emergency. Those licenses and identification cards are not required to be renewed until one month after the expiration of the state of emergency. If a driver’s license applicant’s name, address, signature, or driver’s license number hasn’t changed, they are not required to take a new photograph or complete a vision test.

Insulin
Known as both the “Alec Smith Insulin Affordability Act” and the “Insulin Safety Net Program”, HF3100 establishes a program for eligible recipients to receive an emergency 30-day supply of insulin from their pharmacy for no more than a $35 copay. For qualifying recipients (those with a total family income at less than 400% of federal poverty guidelines), an emergency 90-day supply can be obtained for no more than a $50 copay. Under this new law, insulin manufacturers will reimburse pharmacies for the cost of complying.

Drug Price Transparency
SF 1098 requires pharmaceutical companies to report pricing information to the state when those prices exceed increases set out in the bill. It also requires the Minnesota Department of Health to post the information on a public website.

Education
HF4415, the omnibus education finance bill, includes provisions to address issues related to the transition to distance learning. This legislation extends the ability for the MN Department of Education to waive any requirements related to earning credit, credits for advancement in grade, graduation, or testing as well as to our state licensing board to address delays related to licensure approval and renewal due to COVID-19. The bill also clarifies school funding formulas so school districts will continue to receive revenue despite moving to distance learning. Last, it provides some flexibility to school districts to use funding as needed to address costs related to COVID-19.

Although there was agreement on an omnibus education policy bill, it did not advance in time to pass before the end of session. It is very likely this could be taken up in a special session. The same is true for an omnibus health and human services policy bill. Both bills died on the House floor on the final day of session.
Ewald Government Relations Team
David Ewald
651-290-6276

davide@ewald.com

Valerie Dosland
651-265-7857
valeried@ewald.com


Phil Griffin
651-791-0341
philg@ewald.com


Troy Olsen
651-288-3425
troyo@ewald.com

Becca Pryse
651-265-7858

beccap@ewald.com

Allie Spellman

651-285-3522
allies@ewald.com


I
vonne Hernandez
612-540-9151
ivonneh@ewald.com
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