Senator Utke: End of 2020 Session and Legislative Update

This past Sunday at midnight the Minnesota Senate adjourned, ending the 2020 regular session on a somewhat open-ended note. While the Senate and House were able to pass many bills that will benefit Minnesotans, headline bills, including this year’s bonding bill, were left behind with no agreement. This newsletter will break down bills that have passed off the Senate floor, made it to the Governor’s desk, and those that may be re-visited in a special session.  Finally, I will address what a few of Governor Walz’s most recent Executive Orders mean for Minnesotans, and how Senate Republicans are demanding Governor Walz turn up his “re-opening dial” all the way.

Legislative Update

This last week of Session took on additional meaning in light of Governor Walz’s decision to extend his peacetime emergency powers. Below, I’ve laid out some Senate bills that were passed in response to this overreach of executive power and as a message to Governor Walz that Minnesota is ready, and has been ready, to re-open for weeks. Additionally, I’ve included bills that passed both the Senate and the House and are headed to the Governor’s desk.

SF 4511: On Monday, May 11th, the Senate passed a bill to re-open all businesses in Minnesota. The legislation is simple; despite Executive Orders, businesses closed to the public may begin operations as soon as they can without any application process. These businesses, including big box stores, must follow COVID-related workplace safety guidance provided by the MN Department of Health (MDH) and the CDC. Minnesotans are smart and responsible enough to handle the safety of their businesses and customers on their own without first needing to seek approval.

I co-authored this bill because it is time for the legislature to fight for small businesses and main streets. The House did not take a vote on this bill. However, Senate pressure on Governor Walz to open up the state has already had an effect as the Governor’s Stay at Home order ended this past Sunday (more on this in the “Executive Update” section below).

SF 4481: This legislation appropriates a total of $60 million dollars as part of an emergency small business grant program in response to COVID-19 closures and financial stress. A business is eligible for these grants or loans if it has a brick and mortar location in Minnesota, is owned by a permanent resident, employs 50 or fewer full-time staff, and can demonstrate financial hardship as a result of COVID-19. Once approved, eligible businesses may receive grants of up to $10,000 to use for working capital to support payroll expenses, rent, mortgage payments, utility bills, and other similar business expenses. SF 4481 has only been passed in the Senate, not the House.

SF 4519: This bill would reassert a fair balance of governing power between the legislative branch and the executive branch during future states of emergency. This change would require the Governor to obtain legislative approval to extend any emergency declaration beyond 30 days. This differs from current law, which allows the Governor to extend a peacetime emergency indefinitely for 30 days at a time and only grants the legislature the option to cancel emergency powers with a majority vote of both the House and Senate. SF 4519 passed in the Senate, not the House.

HF 2542: A housing omnibus bill that provides housing assistance, $100 million in housing infrastructure bonds and $100 million from federal CARES Act funds, and includes reforms that may result in decreased housing costs.

HF 4206: A bill I chief-authored that both cleans up our current worker’s compensation language and accompanies the work we did earlier this session to provide a safety net to frontline workers. It creates the Workers’ Compensation COVID-19 Reimbursement Fund in the state treasury and appropriates $375 million from the coronavirus relief account. These funds are to be used to reimburse workers’ compensation providers for COVID-19 related costs paid to employees in job classifications that fall under the definition of “frontline worker” during this time. This bill will ensure that local governments and the smallest employers get more help as they are hit hard by the effects of the pandemic. Like so many people at this time, local governments are not in a position of financial freedom, and this will save them from closing down necessary services to pay for worker’s compensation.

HF 4490: A bill to aid farmers with safety, mental health, production, and advocacy. Silo and grain bin safety, animal disease research funding, and COVID-19 relief in the form of loan origination fee grants were all a focus of the bill. Additional COVID-19 responses include $20,000 appropriated to expand local meat markets for local business and processing capacity and reimbursement eligibility for farm advocate services through the federal CARES Act.

Senate Republicans presented their bonding bill this past Saturday. Totaling $998 million in general obligation bonds, plus $400 million for trunk highway bonds, the bill focuses on key infrastructure needs, projects that will get Minnesotans working, preserve the state’s assets, and stimulate the economy. The bonding dollars for roads and bridges, airports, and freight rail will provide safe and fast transportation for commerce, education, and recreation. However, this year’s bonding bill did not pass in the Senate with a vote of 38-29, not achieving the three-fifths majority needed to pass. Bonding and several other bills will be a focus if there is a special session in June.

Executive Update

Last Thursday, Governor Walz announced Executive Order 20-57 which will allow school districts to do a combination of distance learning and in-classroom learning for summer programs and extended school year services. To read more about deadlines for when schools have to report their summer learning programs, how it will affect school staff, and summer meal programs, click the EO link above.

This past Sunday at midnight the Minnesota Senate adjourned ending the 2020 regular session on a somewhat open-ended note. While the Senate and House were able to pass many bills that will benefit Minnesotans, headline bills, including this year’s bonding bill, were left behind with no agreement. This newsletter will break down bills that have passed off the Senate floor, made it to the Governor’s desk, and those that may be re-visited in a special session.  Finally, I will address what a few of Governor Walz’s most recent Executive Orders mean for Minnesotans, and how Senate Republicans are demanding Governor Walz turn up his “re-opening dial” all the way.

Legislative Update

This last week of Session took on additional meaning in light of Governor Walz’s decision to extend his peacetime emergency powers. Below, I’ve laid out some Senate bills that were passed in response to this overreach of executive power and as a message to Governor Walz that Minnesota is ready, and has been ready, to re-open for weeks. Additionally, I’ve included bills that passed both the Senate and the House and are headed to the Governor’s desk.

SF 4511: On Monday, May 11th, the Senate passed a bill to re-open all businesses in Minnesota. The legislation is simple; despite Executive Orders, businesses closed to the public may begin operations as soon as they can without any application process. These businesses, including big box stores, must follow COVID-related workplace safety guidance provided by the MN Department of Health (MDH) and the CDC. Minnesotans are smart and responsible enough to handle the safety of their businesses and customers on their own without first needing to seek approval.

I co-authored this bill because it is time for the legislature to fight for small businesses and main streets. The House did not take a vote on this bill. However, Senate pressure on Governor Walz to open up the state has already had an effect as the Governor’s Stay at Home order ended this past Sunday (more on this in the “Executive Update” section below).

SF 4481: This legislation appropriates a total of $60 million dollars as part of an emergency small business grant program in response to COVID-19 closures and financial stress. A business is eligible for these grants or loans if it has a brick and mortar location in Minnesota, is owned by a permanent resident, employs 50 or fewer full-time staff, and can demonstrate financial hardship as a result of COVID-19. Once approved, eligible businesses may receive grants of up to $10,000 to use for working capital to support payroll expenses, rent, mortgage payments, utility bills, and other similar business expenses. SF 4481 has only been passed in the Senate, not the House.

SF 4519: This bill would reassert a fair balance of governing power between the legislative branch and the executive branch during future states of emergency. This change would require the Governor to obtain legislative approval to extend any emergency declaration beyond 30 days. This differs from current law, which allows the Governor to extend a peacetime emergency indefinitely for 30 days at a time and only grants the legislature the option to cancel emergency powers with a majority vote of both the House and Senate. SF 4519 passed in the Senate, not the House.

HF 2542: A housing omnibus bill that provides housing assistance, $100 million in housing infrastructure bonds and $100 million from federal CARES Act funds, and includes reforms that may result in decreased housing costs.

HF 4206: A bill I chief-authored that both cleans up our current worker’s compensation language and accompanies the work we did earlier this session to provide a safety net to frontline workers. It creates the Workers’ Compensation COVID-19 Reimbursement Fund in the state treasury and appropriates $375 million from the coronavirus relief account. These funds are to be used to reimburse workers’ compensation providers for COVID-19 related costs paid to employees in job classifications that fall under the definition of “frontline worker” during this time. This bill will ensure that local governments and the smallest employers get more help as they are hit hard by the effects of the pandemic. Like so many people at this time, local governments are not in a position of financial freedom, and this will save them from closing down necessary services to pay for worker’s compensation.

HF 4490: A bill to aid farmers with safety, mental health, production, and advocacy. Silo and grain bin safety, animal disease research funding, and COVID-19 relief in the form of loan origination fee grants were all a focus of the bill. Additional COVID-19 responses include $20,000 appropriated to expand local meat markets for local business and processing capacity and reimbursement eligibility for farm advocate services through the federal CARES Act.

Senate Republicans presented their bonding bill this past Saturday. Totaling $998 million in general obligation bonds, plus $400 million for trunk highway bonds, the bill focuses on key infrastructure needs, projects that will get Minnesotans working, preserve the state’s assets, and stimulate the economy. The bonding dollars for roads and bridges, airports, and freight rail will provide safe and fast transportation for commerce, education, and recreation. However, this year’s bonding bill did not pass in the Senate with a vote of 38-29, not achieving the three-fifths majority needed to pass. Bonding and several other bills will be a focus if there is a special session in June.

Executive Update

Last Thursday, Governor Walz announced Executive Order 20-57 which will allow school districts to do a combination of distance learning and in-classroom learning for summer programs and extended school year services. To read more about deadlines for when schools have to report their summer learning programs, how it will affect school staff, and summer meal programs, click the EO link above.

Finally, I want to discuss Governor Walz’s Executive Order 20-56 that ended his Stay at Home order as of yesterday, bringing with it a continued wave of restrictions labeled “Stay Safe MN”. I want to first acknowledge that this order does provide a saving grace for some retail and other small businesses. As of yesterday, malls, retail stores and main street businesses can open at 50% occupancy with a safety plan in place. Additionally, this new initiative encourages Minnesotans to get outside and enjoy social gatherings of 10 or fewer people. However, I want to emphasize that despite the lift of the Stay at Home order, Governor Walz has not even come close to opening up Minnesota all the way. Next week, bars and restaurants, barbershops and salons, and other places of public accommodation such as theaters will still remained closed (other than for takeout, delivery, etc) waiting for additional guidance promised by the Governor to become available on May 20th. Plus, our churches remain closed because of the 10 or fewer clause for gatherings. Once again, we see violations of our constitutional rights and we look to the fairness factor. Look around and see which stores are open. Then look at those that are forced to remain closed. It is not fair, and we will lose many of these small businesses. For a more information on this next phase of reopening the state, visit Stay Safe MN