Legislative Update for the Week of January 4, 2021 Tom Lehman

Home , Mike Freiberg, Tina Liebling, Zack Stephenson

Quote of the Week: “I have many questions, but I’ll just ask one. I haven’t changed!” Senator Jim Abeler (R-Anoka) during Senate hearing.

“Big Picture” Issues

House members take their oaths of office via Zoom on Tuesday

2021 Legislature Convenes The 92nd Session of the Minnesota Legislature convened at noon on Tuesday, opening what is expected to be a contentious session amidst a divided government, looming budget deficit and ongoing COVID pandemic. The focus of the session will be passing a two-year $50 billion biennial budget. The December budget forecast showed a $641 million surplus for the current biennium that ends June 30. But a $1.27 billion deficit is projected for the coming biennium. Resolving this deficit could include spending cuts, tax increases, spending shifts, use of state budget reserves or delayed payments. The February budget forecast, expected to be released near the end of February, will provide an updated budget forecast that will be used by the Legislature for the rest of session to guide its work on spending and tax issues. Until then, most Committees are expected to hold overview hearings to introduce to new members and refresh for returning members the areas their Committees have jurisdiction over, a history of recent legislation passed by the Committee and briefings from agency heads on 2021 legislative priorities and their agency’s staffing and mission. In addition to the budget, the Legislature is also expected to consider COVID, including relief for businesses, redistricting, climate change, ending the Governor’s COVID Executive Orders, racial equity and changes in law enforcement policies. Redistricting based on the 2020 Census is expected to reduce the number of rural seats and increase districts in the Twin Cities. It is also expected to reduce Minnesota’s congressional delegation by one seat due to population losses compared to other states. The Legislature is unlikely to complete its work by May 17, the scheduled adjournment date, given recent history. Four of the past five budget years have gone into special session.

Divided Government Continues in St. Paul The 2021 session begins where the 2020 session, and subsequent special sessions ended – a Republican Senate facing a DFL House and DFL Governor. The November elections reduced the House DFL majority from 75-59 to 70-64. In the Senate, Republicans continue to control the Senate, by a 34-31-2 margin. Two Senators left the DFL caucus to form an Independent Caucus.

There are 21 freshman House members – 12 DFLers and 9 Republicans. There are also two Republican members returning after losing their seats in 2018. There are 10 freshman Senators – 7 DFLers and 3 Republicans.

Minnesota is the only state with a divided legislature.

With 2020 Elections Over, 2022 Elections on Horizon

Most Minnesotans are relieved that the long 2020 election campaign season is over. The drama of the Trump presidency and the Trump-Biden contest has made elections something to be forgotten. But in St. Paul, insiders and candidates are already looking ahead to the November 2022 elections. In just 22 months, every legislator and constitutional officer will be on the ballot. Legislators will be running in new districts and some will likely be put into the same district through redistricting, forcing primaries or general election challenges against fellow incumbents. Governor Walz will be running for reelection against a Republican party eager to end the 16-year drought on Republicans capturing the Governor’s office.

COVID Means Challenges for Lobbying

The restrictions on access to the Capitol complex by the public due to COVID that were implemented last year continue as the 2021 session begins. No members of the public are allowed inside the Capitol, House or Senate office buildings. All hearings in the House this session will be virtual. The Senate will begin the session with Zoom-only hearings, but is planning to move to “hybrid” hearings in three weeks. These hearings will allow some senators and staff as well as a few lobbyists may appear in person while others will participate virtually. A further complication for the 2021 session is the effect of COVID on internal processes. The Revisors Office, which finalizes and jackets all bills for introduction, has been working remotely since March. Staff which would normally have been working on 2021 bills since, June of 2020 had to deal with 7 special sessions and are far behind where they would normally be. The Revisor said this morning in a Zoom meeting with lobbyists that 500 bills that have been jacketed so far and sent to their authors and an additional 1,600 bills are in process. Any group seeking to have a bill jacketed for introduction will have to wait longer than normal to get their bills back. Of course, once a bill jacket is available, lobbyists can no longer walk around and “shop” them to legislators.

These restrictions impose great burdens on lobbyists, whose effectiveness is enhanced by being able to connect directly with legislators, staff and other lobbyists in the halls and hearing rooms of the Capitol complex. Being able to be physically present day and night helps assure that lobbyists and the groups they represent can communicate directly and immediately when needed. Moving to a virtual session means that lobbyists will lose in-person access to decisionmakers and their staffs. It will also limit their ability to testify and lobby legislators during Committee hearings and floor sessions. Communications with legislators will be limited to texts, emails and phone calls, all of which depend on the legislator’s willingness to respond. Similarly, groups are moving from “Days on the Hill” to “Virtual Days on the Hill”, which also have limitations.

“Health Care” Issues

House Reforms HHS Committees The decades-long policy of a single House committee dealing with health and human services policy issues and a different committee dealing with HHS finance issues has ended. The 2021 session will have a House Human Services Finance and Policy Committee Chaired by Rep. Jennifer Schultz (DFL-Duluth) and a Health Finance and Policy Committee, chaired by Rep. Tina Liebling (DFL-Rochester). This change allows the House committees to more closely mirror the existing Senate committee structure. It also allows them to combine the policy and finance issues of their jurisdiction into one committee. The House also has two new HHS Policy Divisions. The Behavioral Health Division, Chaired by Rep. Peter Fischer (DFL-Maplewood will be under the purview of the Human Services Committee. The Preventative Health Division, Chaired by Rep. Mike Freiberg (DFL-Golden Valley) will be under the purview of the Health Committee. The restructuring of the HHS Committees and the addition of many new members of the House means nearly 20 members of the two Committees and their Divisions that have not previously served on an HHS Committee before. There are also two new Committee or Division Administrator staffers. The many new faces combined with the COVID restrictions means big challenges for groups with issues before these Committees and Divisions. Even though session has started, the jurisdictional lines of the two House Committees are still being finalized. Below are links to the Committee’s and Division’s websites. Health Finance & Policy

Chair: Rep. Tina Liebling - District: 26A , 477 State Office Building Committee Home - Members - Schedule - Audio and Video Previous meetings and associated documents (meeting minutes) Preventative Health Policy Division

Chair: Rep. Mike Freiberg - District: 45B , 381 State Office Building Committee Home - Members - Schedule - Audio and Video Previous meetings and associated documents (meeting minutes) Human Services Finance & Policy

Chair: Rep. Jennifer Schultz - District: 07A , 473 State Office Building Committee Home - Members - Schedule - Audio and Video Previous meetings and associated documents (meeting minutes) Behavioral Health Policy Division

Chair: Rep. Peter Fischer - District: 43A , 551 State Office Building Committee Home - Members - Schedule - Audio and Video Previous meetings and associated documents (meeting minutes)

Senate Committee Looks at COVID and Long-Term Care The Senate Aging and Long-Term Care Policy Committee on Wednesday held a hearing to look at what the Department of Health is doing on COVID in nursing homes. Commissioner Jan Malcom and Kris Ehresmann, Director of MDH’s Infectious Disease, Epidemiology, Prevention and Control Division, said that long-term care facilities face an elevated risk of COVID outbreaks and are a priority for distributing vaccines. They noted that the pandemic has required a balancing act of taking steps to protect residents while trying to avoid problems arising from isolation. Congregate care facilities have had the majority of Minnesota’s COVID deaths and that continues, with just over 60% of December’s deaths occurring in senior facilities. Nursing home residents and workers are top priorities for COVID vaccinations, which are now rolling out. Over 500,000 health care workers and long-term care residents are expected to be vaccinated by January 31. Once they are completed, the focus will turn to essential workers (teachers, grocery stores, firefighters) and people over age 75. This group tops 1 million people. Minnesota ranks 16th in the country of doses administered per 100,000 residents. No action was taken. The Department’s slide presentation can be found here: Title Slide with Image (senate.mn)

Respected MMA Lobbyist Dies

Eric Dick, a lobbyist for the MMA, died last week. He was a good friend to everyone he met and will be greatly missed by his colleagues in the health care and lobbying communities. Below is a notice of his passing from the MMA newsletter….

Eric Dick, the MMA’s manager of state legislative affairs, died over the New Year’s holiday break. Dick worked at the MMA for 10 years, bringing a wealth of political acumen and insight to the association’s efforts.

Born Jan. 16, 1975, Dick grew up in the suburbs of Milwaukee and attended Burlington High School, which he proudly boasted was the alma mater of NFL quarterback Tony Romo. He graduated from the University of Wisconsin-LaCrosse. He worked for Congressman Ron Kind, who represents Wisconsin’s third district, and for the Minnesota Senate before coming to work at the MMA.

Eric Dick

“Eric was a strong advocate for the MMA at the Capitol and a wonderful partner for the last 10 years,” said Dave Renner, MMA director of advocacy. “Based on the response I have received from legislators and lobbyists since the announcement of Eric’s death, he touched many lives and will be dearly missed.”

On Jan. 6, state Senator and physician Matt Klein, MD, released the following statement regarding Dick’s passing: “Eric Dick was a model of advocacy with integrity at the State Capitol. He was good at what he did because he believed in the power of good government to ensure ethical and accessible health care for all. He was unfailingly kind, hopeful, informed, and professional; it was a pleasure to see him in the hallways or the offices every time. The physicians of the MMA were well represented, but more importantly, so were their patients.”

Along with his MMA work, Dick lobbied on behalf of the Minnesota Chapter of the American Academy of Pediatrics, Minnesota Orthopaedic Society, Minnesota Academy of Otolaryngology, and the Minnesota Chapter of the American College of Physicians.

“Eric was a very effective lobbyist, and he was also a valued colleague,” said Janet Silversmith, MMA CEO, “Eric was kind, funny, and extremely quick-witted. We will all miss him tremendously.”

Dick was a great lover of dogs, live music, fine food, travel, the Green Bay Packers, Wisconsin Badgers and March Madness.

Notes of condolence can be sent to the MMA office at 3433 Broadway St. NE, Ste. 187, Minneapolis, 55413. We will forward them to the family.

The Senate Schedule for the Week of January Monday, January 11

11:00 AM - The Senate will be in Session at 11 a.m.

Senate 1:00 PM

Senate Health and Human Services Finance and Policy Committee

Chair: Sen. Michelle R. Benson Livestream YouTube

If you wish to testify, please send an email to [email protected] and [email protected] by 9:00 a.m. on Monday, January 11th with your name, organization, and any materials or written testimony to be shared with the committee.

This remote committee hearing will be facilitated through Zoom and livestreamed at: http://www.YouTube.com/MnSenateMedia and http://www.senate.mn/media Agenda:

Minnesota Department of Health: COVID-19 MN Fund Review Coronavirus Relief Fund Review COVID-19 Vaccine Rollout Review

3:30 PM – THE HOUSE MEETS IN SESSION

Tuesday, January 12

10:30 AM

Committee on Human Services Finance and Policy Chair: Rep. Jennifer Schultz Location: Remote Hearing in Accordance with House Rule 10.01 *pending adoption of House Rules*

Agenda: Meeting Details: Tuesday, January 12, 2021 10:30 AM - 12:00 PM Remote Hearing

Agenda: 1. Introduction of Committee Members and Staff 2. Overview of Human Services Finance and Policy Committee, presented by House Research

Additional agenda items may be added.

Public Viewing: This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp.

Notes: Members of the public wishing to testify or submit written testimony should contact Yingya Vang at [email protected] by 12:00 PM on Monday, January 11. This remote hearing is taking place pursuant to Rule 10.01, which may be viewed here: https://www.house.leg.state.mn.us/cco/rules/permrule/1001.htm

3:00 PM Commerce Finance and Policy Committee on Commerce Location: Remote Hearing Chair: Rep. Zack Stephenson

Agenda: I. Call to Order

II. Approval of the Minutes - January 12, 2021

III. Informational Overview - House Research Department - Insurance *no formal action will be taken*

Testifiers: -Larie Pampuch & Bob Eleff

IV. Informational Overview - Insurance *no formal action will be taken*

Testifiers: -Dan Endreson & Ericka Lara - MN Council of Health Plans -Aaron Cocking - Insurance Federation of MN -Robyn Rowen - MN Insurance & Financial Services Council

V. Informational Overview - Office of the Attorney General - Consumer Protection *no formal action will be taken*

Testifiers: -Attorney General Keith Ellison

VII. Adjournment

This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp

*NOTE: HTV 1 and HTV 2 will provide live closed captioning. Video archives of meetings streamed on HTV 3, 4, and 5 will have closed captions added. Other reasonable accessibility accommodations may be made with advance notice.

If you have questions about the accessibility of remote hearings or require an accommodation, please contact Jenny Nash at: [email protected] or by leaving a message at 651-296-4122.

Any meeting documents will be posted on the House Commerce committee website at https://www.house.leg.state.mn.us/Committees/Home/92003

To submit written testimony, please email the Committee Administrator no later than 4:00 pm on Thursday, January 14 at [email protected].

Bill Introductions

Liebling introduced:

H. F. 3, A bill for an act relating to state government; appropriating money for long-term protection and support, temporary staffing, emergency housing services, isolation spaces, and housing support.