MAY 2020 | VOLUME 29, NO. 4 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE

COVID-19: A look at the many policy challenges ahead for states, provinces

net loss in U.S. farm income of $20.1 billion A in 2020. Hundreds of thousands of enrollees being added to many Midwestern states’ Medicaid programs in the weeks and months ahead. The emergence of some local jails and state prisons as hot spots for COVID-19 cases. provinces “reawaken”? months — from a projected These and many other Each of the six policy budget surplus of $1.5 billion impacts of the pandemic on committees of The Council for the current biennium to a the people of this region, of State Governments’ shortfall of $2.4 billion. and on the public policies of Midwestern Legislative Nationwide, the its states and provinces, are Conference has been Congressional Budget Office the focus of this edition of examining COVID-19’s impact estimated in April that U.S. Stateline Midwest. and potential legislative gross domestic product Inside, we look at the early responses. Some of the would decline by 12 percent and future effects of COVID-19 committee’s findings are in the second quarter of on the economy, state health included in this month’s 2020. That is the equivalent budgets, agriculture, criminal edition. (These committees are to an annual rate of decline bipartisan groups of legislators justice, education and cross- of 40 percent. from 11 states and four border trade. “We’ve had times revenue For example, how can provinces from this region.) did not meet expectations states help local school In April, a mix of state- and [we] faced low leaders navigate a new and province-specific commodity prices,” Iowa school year in which more reports — on estimated remediations are needed budget shortfalls and trends Speaker of the House Pat to address losses in student in revenue collections — Grassley said in a recent learning, and in which underscored the immensity interview with CSG Midwest a continued reliance on of the policy challenge ahead (see page 8). distance learning is likely? (see table on this page). In “Those things you can work How and when will vital Minnesota, for example, there through. But as our governor cross-border trade between was a $4 billion downward says, there is really not a the Midwest’s states and shift in a matter of a few manual for something like this.” Inside this issue

CSG Midwest Issue Briefs 2-4 CSG Midwest Issue Briefs 5-7 FirstPerson Article 9

• Economic Development: Region’s legislatures working on • Education: New school year poses a number of tough • Minnesota Senate Deputy plans to reopen economy safely, seeking to balance powers questions, including when to reopen and how to address Majority Leader Michelle Benson of executive branch expected losses in student learning on some of the lasting lessons for legislatures in the early response • Health & Human Services: States bracing for huge spike • Midwest-Canada Relations: Legislators on both sides of to the COVID-19 pandemic in Medicaid enrollment, costs the border explore how to reawaken cross-border trade, and strengthen it • Agriculture & Natural CSG Midwest News 10 Resources: New policies aim to help struggling farmers Legislative Profile 8 • The Council of State Governments advocates for ‘robust, survive drop in commodity flexible’ COVID-19 aid from federal government • Iowa Speaker of the House Pat prices Grassley discusses his views on • Criminal Justice & Public leadership, legislative oversight BILLD Page 11 Policy: As some prisons and during the COVID-19 pandemic, • A look at current legislators, and graduates of the Bowhay jails have become COVID-19 and some of the big challenges Institute for Legislative Leadership Development, who hot spots, state and local facing state governments in the have backgrounds as doctors, nurses and other medical governments respond with months and years ahead professionals new policies and rules • Guest column by Michigan Sen. John Bizon, M.D.: BILLD graduate offers message of hope amid COVID-19 pandemic COVID-19 POLICY IMPACTS & RESPONSES

economic development Though overshadowed by governors, legislators have role in plans for economic reopening, recovery

by Laura Tomaka ([email protected]) by the Senate; Gov. DeWine has said that he would veto it. ince early April, Rep. Dave Greenspan and 23 Republicans control the legislative and executive changes in weekly initial unemployment other members of a specially formed Ohio House branches in Ohio. Power is divided in Michigan, and claims filings in United states: task force have been meeting, sharing ideas, and S the Republican-led Legislature filed a lawsuit in early MArch 14-May 2* getting the perspective of business owners across May to end Democratic Gov. Gretchen Whitmer’s orders various sectors and geographic areas. that closed most non-essential businesses and required 8 million One question above all else is guiding his work on the 6.9 million residents to stay at home. Legislators argue that the initial claims task force: What can we do to help businesses reopen, governor overstepped her legal authority. 7 million and remain open, safely? Sen. Horn is among those concerned about the 6 million “We’re not looking at the same things that the role of the Legislature in managing the response to governor is looking at as far as public health protocols,” the COVID-19 crisis. “There is no co-equal branch of 5 million Greenspan says. “Our attention government in Michigan right now,” he says. 4 million is on what we can do either As chair of the Michigan Senate’s Economic and Small directly through legislation or Business Development Committee, Horn will be one of 3 million 3.2 million by facilitating, through other the Legislature’s key leaders in crafting policies related to initial claims bodies, actions that allow 2 million the economic reopening. [businesses] to open.” 300,000 initial The first issue to deal with, he says, is health and 1 million That Economic Recovery Task claims safety. “What safety protocols and protective equipment LOSS IN NET Force in Ohio is an example of are needed, including distancing?” he asks. “Different 0 FARM INCOME the important work being done protocols can be applied to different work arrangements

by the Midwest’s legislatures, May 2 April 4

and designed for each industry, including the numbers April 11 April 18 April 25 March 14 March 21 March even during a time when the 28 March LOSS IN ALL of workers involved and their contact with customers.” Ohio Rep. powers of governors have been CROP RECEIPTS Dave Greenspan “The goal is to make the workplace as safe as home,” * An initial claim occurs when an individual applies for strengthened due to the public unemployment bene ts for the rst time. health emergencies caused by he adds. “You follow the rules, stay sheltered, go to work in a safe workplace, go back home again and get the Source: U.S. Department of Labor the COVID-19 pandemic. LOSS IN ALL economy rolling.” “Every state of emergency ends and executive orders LIVESTOCK Helping businesses create these safe work eventually cease to exist,” Michigan Sen. Ken Horn says. RECEIPTS environments is another policy consideration for states. Cumulative Initial weekly claims for “And the legislature will take its rightful place again as a unemployment (for the period March 15 to co-equal branch.” “How do businesses make the investment of getting May 2) as a % of total state employment their people back to work DEVELOPING IDEAS FOR REOPENING PLANS in February 2020 and making the appropriate Between February and April, the nation’s changes in the workplace unemployment rate rose from 3.5 percent to 14.7 to be safe?” he says. “Do we percent, a number not seen since the Great Depression. give them tax credits, grants, Numbers like these are driving legislative task forces loans? How do we get them such as Ohio’s to develop a plan for recovery. Each started again?” member of the task force, for example, was asked to Horn also stresses the submit a set of recommendations; they will then be need for a regional approach compiled into a summary document. Greenspan’s ideas within a state, noting that Michigan Sen. Ken Horn for state action include: “some counties are not as • having a dashboard or metrics to allow businesses to affected [by COVID-19], so partially reopen and then move to subsequent phases; maybe they can open up a • having protocols and regulatory measures in place to little sooner and a little faster.” ensure safety; and At the same time, variations in different states’ 00 2020 • emphasizing the importance of opening schools, reopening plans can create a problem as well. day care centers and summer camps to allow workers to “If other states are getting back to work and Michigan 00 return to work. is not, then we’re behind the eight ball,” he says. “We 2020 Greenspan also worries about the costs to businesses need to watch our borders carefully and work state-to- of making unemployment payments, which, in some state — with our governors and their executive orders, 0 2020 cases, exceed earnings. “That’s obviously a concern as but backed up by the legislature — to open up the same employers try to get their employees back to work,” he industries at the same time.” says. 0 2 2020 Ohio Gov. Mike DeWine has laid out a plan for a SEIZING FUTURE ECONOMIC OPPORTUNITY phased reopening of businesses and economic activity, Over the longer term, Rep. Greenspan does see with new safety and distancing measures in place. In 20 2 economic opportunities ahead. 2020 May, a number of retail businesses were allowed to “We’ve been too reliant on other countries for our open, then restaurants could open with outdoor seating Sources: Upjohn Institute for Employment Research public health supplies, whether it’s medicine, medical and, finally, indoor dining (with distancing guidelines) equipment or [personal protective equipment],” he says. resumed. “How do we encourage domestic growth of those “I happen to like what our governor did,” Greenspan industries so we can re-engage our manufacturing % change in the number of says of DeWine’s reopening of restaurants. “Unlike community and grow our manufacturing base? We are people employed in canadian [many] other states, who have set a maximum of 25 or sitting on an opportunity that I think we should seize.” 50 percent occupancy, our governor has said, ‘You’re provinces: february 2020 to Greenspan also points to the need for states to focus open, you figure it out.’ “ (Restaurants are allowed to April 2020 on expanding broadband access. seat as many customers as they would like as long as “If we’ve learned nothing from this, we have learned distance protocols are followed.) how disconnected parts of our state — urban, suburban Province Employment change and rural — are from the internet,” he adds. “And it’s Alberta -15.5% RAISING CONCERNS ABOUT POWER BALANCE important when we look at not only distance learning Ohio and Michigan are among the many states where for our kids, but when we look at how this experience is Manitoba -13.5% tensions have arisen among the legislative and executive going to change how business operates.” branches. In early May, the Ohio House passed a measure Ontario -14.5% (a version of SB 1) to restrict the powers of the state’s Nebraska Sen. John McCollister and Ohio Rep. Dave Saskatchewan -12.7% health director. It would limit an order from the health Greenspan serve as co-chairs of the Midwestern Legislative director to a maximum of 14 days; it could then only Conference Economic Development Committee. The vice Canada -15.7% be extended with approval of the legislature’s Joint chair is Indiana Rep. Karlee Macer. Laura Tomaka serves as Committee on Agency Rules Review. CSG Midwest staff liaison to the committee. Source: Statistics Canada As of May, the amended bill still needed to be taken up

2 STATELINE MIDWEST | MAY 2020 health & Human services

As COVID-19 burns through the Midwest, legislators brace for effects on states’ Medicaid budgets

by Jon Davis ([email protected]) Both Gabel and Rep. Norine Hammond, who sits on the House Human Services Committee’s Medicaid aving been hit once by the onset of COVID-19, Subcommittee, say Illinois legislators are in much the states should now be bracing for another same predicament. But Gabel says federal funding Estimated increase in medicaid enrollment Hpunch —­ a surge in Medicaid enrollment, and from the four COVID-related bills to pass U.S. Congress for three different scenarios of rising spending, as their economies absorb the pandemic’s to date — including the 6.2 percentage point increase unemployment due to covid-19 shock. in the federal contribution for Medicaid in the Families Thirty million Americans were already out of work First Act, $100 billion in the CARES Act and $75 billion by late April, and “many of them will be coming on to Increase in Increase in Increase in in the federal Paycheck Protection Program and Health enrollees enrollees enrollees Medicaid,” says Lindsey Browning, program director Care Enhancement Act (H.R. 266 ) — has provided a State for Medicaid operations at the National Association of with 10% with 17.5% with 25% cushion of sorts. jobless rate jobless rate jobless rate Medicaid Directors. “I’m hearing more about the general fund than The Congressional Budget Office on April 24 Medicaid,” Gabel adds. Illinois* 452,000 729,000 1,033,000 projected unemployment rates will Illinois Gov. J.B. Pritzker’s pre-pandemic average 15 percent for the next six budget for fiscal year 2021 proposed Indiana* 241,000 401,000 575,000 months before falling to 9.5 percent by spending $27 billion, including $7.9 billion Iowa* 115,000 187,000 265,000 the end of 2021. in general funds, on Medicaid. “Medicaid is at the center of two Hammond says the state applied for Kansas 75,000 122,000 176,000 storms hitting the nation: the pandemic and received approval for federal waivers and the economic recession that’s to expand coverage of over-the-counter Michigan* 377,000 599,000 841,000 coming in its wake,” Browning says. medications and to expand the definition of Minnesota* 195,000 317,000 451,000 The best thing state Medicaid allowed facilities to include drive-through directors can do now to prepare for that COVID-19 testing facilities. Nebraska** 66,000 115,000 169,000 financial onslaught is to model different Section 1135 waivers allow temporary likely scenarios and begin educating Illinois Rep. Norine Hammond modifications of states’ Medicaid plans in a North Dakota* 23,000 41,000 60,000 their governors and legislatures as presidentially declared national emergency. to what the options are likely to be, They usually end no later than 60 days after Ohio* 425,000 679,000 953,000 Browning says. the emergency is over but can be extended South Dakota 22,000 35,000 51,000 She cautions that state officials and for additional 60-day periods. legislators should be careful about As of April, Illinois was pursuing a Section Wisconsin 151,000 234,000 329,000 looking for lessons from the “Great 1115 waiver to eliminate out-of-pocket Recession” of 2008-09 when trying * States that expanded Medicaid under the Affordable Care Act. Fewer costs for uninsured residents, Hammond newly unemployed people will be eligible for Medicaid in non-expansion to figure out what will happen now. says. states. Medicaid directors have been looking at The idea is to pursue as much federal ** Nebraska has adopted, but not yet implemented, Medicaid expansion. that question, and the consensus is this reimbursement for the state’s up-front costs Source: Health Management Associates, April 2020 economic decline is is going to hit state to combat the pandemic, Hammond says, health budgets much differently. adding “we’re hopeful” of recouping much “2008 was a gradual increase [in Illinois Rep. of what the state will have to soon spend. enrollment], this time we’re expecting a Robyn Gabel “Now, our focus is all in on COVID-19 and dramatic uptick,” Browning says. what it’s doing to the budget,” she says. Covid-19 pandemic-related medicaid “We know it’s going to have a significant waivers approved for midwestern states ON THE GROUND, SO FAR impact financially, not only in Illinois but in as of may 1, 2020* “That hasn’t quite played out all states.” yet,” Illinois Rep. Robyn Gabel, chair of the House Appropriations FEDERAL AID FOR STATES Committee’s Medicaid & Managed The Families First Coronavirus Response Care subcommittee, said in a late April Act (signed on March 18) raises the federal interview. “I think a lot of businesses share of states’ Medicaid funding by 6.2 still have people on their insurance, percentage points from Jan. 1 through “the waiting to see how this plays out.” last day of the calendar quarter in which But Wisconsin Rep. John Nygren, the public health emergency declared by who co-chairs the Legislature’s Joint Wisconsin Rep. the Secretary of Health and Human Services John Nygren Committee on Finance, said in late for COVID-19, including any extensions, April that he and his colleagues are terminates.” State Medicaid plan amendment approved “definitely” anticipating a huge growth So, if the federal government funded 50 in Medicaid enrollment, coupled with a percent of a state’s Medicaid costs, it will fund Section 1915 (c) Appendix K waiver approved significant drop in revenue. 56.2 percent during the COVID-19 emergency. (This “It’s going to be a double whammy,” Nygren says. State Medicaid plan amendment and Section does not apply to people covered by the Affordable 1915 (c) Appendix K waiver approved The 2008-09 recession’s impact on Wisconsin’s Care Act’s Medicaid expansion; the federal government biennial budget for 2011-13 resulted in drawing No state Medicaid plan amendment or waiver covers 90 percent of costs for that population.) sought, or required for action taken $700 million out of its “rainy day” fund. But that was a States cannot cut people from Medicaid coverage normal recession, Nygren say. during the emergency. * The federal government issued blanket approvals for Section 1135 waivers, which temporarily waive federal Wisconsin’s pre-pandemic budget for FY 2021 slated The Coronavirus Aid, Relief and Economic Security Medicaid, Medicare or CHIP (Children’s Health Inusrance $11.1 billion for Medicaid. (CARES) Act, signed on March 27, provides $100 billion Program) requirements during declared national public health emergencies. They typically expire when the Legislators there passed AB 1038 in the state’s first in emergency health funding to help states and other emergency is declared over. They do not a ect state virtual session on April 15 (Gov. Tony Evers signed entities cover COVID-19 costs. These expenditures requirements to those programs.

it that same day). That new law allows the state to include range from testing, to broadening the use of Washington is the only state to seek, and get approval for a suspend some Medicaid rules (including a work telehealth services, to workforce training. pandemic-related Section 1115 waiver, which lets states The Paycheck Protection Program and Health Care run a demonstration or pilot program to show whether a requirement) in order to meet requirements in the new approach to Medicaid goals will work. Families First Coronavirus Response Act for increased Enhancement Act, signed on April 24, provided another $75 billion to be distributed in the same way as CARES Section 1915 (c) waivers govern most Medicaid home and federal Medicaid funding. community-based services; they allow states to spend Legislators are waiting to see what happens next, Act funding. However, that measure did not include any money on such services instead of insitution-based extra Medicaid funding. services. Appendix K is used during emergency situations while knowing it won’t be good, Nygren says. for states to request amendments to already-approved “You don’t go from 3.8 percent unemployment to 1915 (c) waivers. 18 percent in six weeks without some major costs,” he Kansas Rep. Susan Concannon and Iowa Rep. Shannon Lundgren serve as co-chairs of the Midwestern Legislative says. “The more we gain experience with this situation, Sources: Kaiser Family Foundation, U.S. Centers for Medicare & Conference Health & Human Services Committee. The vice the more I fear we’re in for an extended economic Medicaid Services chair is Minnesota Rep. Jennifer Schultz. Jon Davis serves downturn.” Even after re-opening, he adds, people will as CSG Midwest staff liaison to the committee. be reluctant to return to business as usual.

STATELINE MIDWEST | MAY 2020 3 COVID-19 POLICY IMPACTS & RESPONSES

Agriculture & Natural Resources States have tools to help their farmers and rural businesses weather the COVID-19 storm

by Carolyn Orr ([email protected]) up to 45 percent of the loan, at an interest rate that is currently 0 percent. The remainder of the loan is paid ame the commodity critical to the Midwest’s back at the lender’s normal interest rate. As of late agricultural producers and rural communities, and April, there was significant interest among agricultural Early estimates of COVID-19’s Nevidence of the devastating, immediate impact of producers in the program, but one requirement may impact on U.S. Farm income the COVID-19 pandemic is plain to see. have been slowing actual application filings — a farmer Futures prices for hogs and feeder cattle? Down 53 has to demonstrate his or her ability to repay the loan. In April, the University of Missouri’s Food & percent and 25 percent, respectively, between the start Because of current commodity prices, it is difficult for Agricultural Policy Research Institute evaluated of this year and beginning of April, according to the some farmers to show a positive cash flow. Some farmers the impact of the COVID-19 pandemic on American Farm Bureau Federation. Over that same time may also be waiting to see what assistance they get from farm income in calendar year 2020. Its early period, futures prices fell for ethanol (-33 percent), corn the U.S. Department of Agriculture, Anderson said. findings are based on the difference in (-20 percent), soybeans (-13 percent), Class III milk (-22 income estimates made in January, before the percent) and wheat (-4 percent). STATE PROGRAMS CONNECT RURAL pandemic, vs. those made in April. (Note: The combined losses in crop and livestock receipts “We are definitely living in uncertain times, with every BUSINESSES TO PRIVATE CAPITAL aspect of our economy affected,” Minnesota Rep. Paul are higher than the loss in net farm income due Anderson said in April during a webinar hosted by The One of the first legislative responses by the U.S. to expected increases in government payments Council of State Governments’ Midwestern Legislative government was creation of the Paycheck Protection and declines in production expenses.) Conference Agriculture & Natural Resources Committee. Program, or PPP. Many farm operations and rural businesses in the Midwest meet eligibility standards for “Agriculture has taken a big hit from the pandemic, LOSSLOSS IN IN NET NET this program, which is designed to help small businesses and it will take many months, if not years, to recover.” -$20.1 BILLION | FARMFARM INCOME INCOME One of the takeaways and workers. from that recent While the availability webinar (it is available of funding for the first LOSSLOSS IN IN ALL ALL at csgmidwest.org): State round of PPP loans ran out -$11.9 BILLION | CROPCROP RECEIPTS RECEIPTS legislatures can play a quickly, this region fared central role in helping the better than others. Midwest’s farm operations For example, the LOSSLOSS IN IN ALL ALL Midwest led the nation in and other rural businesses LIVESTOCKLIVESTOCK the percentage of states’ -$20.2 BILLION | survive, and recover. RECEIPTSRECEIPTS small businesses receiving these loans. Nationally, 5.7 NEW DISASTER percent of small businesses RELIEF IN received PPP loans; in MINNESOTA contrast, the rate in North Dakota was 15 percent Early Impact of COVID-19 Minnesota was one on Agricultural Futures of the first states in the (highest in the nation). Midwest to take major According to the Prices: price change from legislative action in direct “Agriculture has taken U.S. Small Business Jan. 2 to April 15 response to the COVID-19 Administration, one small bank in Nebraska ranked pandemic, including the a big hit from the Commodity Change in futures prices passage in late March of HF second in the nation for 4531. That bipartisan, $330 pandemic, and it will the number of PPP loans that it approved. And of Wheat -4% million measure covered the 10 U.S. states with the a wide range of policy Soybeans -13% take many months, if highest percentage of areas. To support farmers, small businesses receiving lawmakers expanded the Corn -20% not years, to recover.” funding under the first reach of Minnesota’s existing round of PPP, six were in the Feeder cattle -21% Disaster Recovery Loan Minnesota Rep. Paul Anderson Midwest (see map). Program. Loans aren’t the only Class III milk -22% That program originally way to help rural firms and was designed for farm-loss Live cattle -25% communities recover. situations not covered “State legislatures will play a critical and integral by insurance — for example, replacing livestock or Ethanol -33% role in the recovery of their economies for rural small repairing septic systems and agricultural buildings. With businesses,” Mark Scheffel, a former Colorado legislator Hogs -53% the signing of HF 4531 into law, that state program will and current senior vice president for Advantage Capital, now cover losses of revenue due to “contagious animal Sources: Barchart and American Farm Bureau said on the April webinar. “Now is the time to plan for Federation disease” or “an infectious human disease for which the the deployment of much-needed capital for rural small governor has declared a peacetime emergency.” businesses.” Those new statutory provisions will help producers One idea: Build on the New Markets Tax Credit get through market periods like these, when demand % of state’s small businesses that program, a federal initiative created by the U.S. Congress for agricultural products is down due to the closing received a loan in first round of funding in 2000. It provides tax credits for private-sector of restaurants and schools and the overall drop in investments in businesses located in low-income, under Paycheck protection Program domestic and global economic activity. Along with the distressed communities (both rural and urban). precipitous drop in commodity prices, producers have Some states have like-minded, successful programs of 15.0% had to dump milk and euthanize hogs. their own that have helped rural businesses gain access “A baseline of March 1 was set, and loans [are] to capital and, as a result, add employees, Mackenzie 8.9% available to cover the quantifiable loss of sales Ledet, director of Stonehenge Capital, noted in the April 13.1% 9.6% compared to that date,” Rep. Anderson, co-chair of webinar. Examples in the Midwest include Illinois’ New 5.0% the MLC Agriculture & Natural Resources Committee, 10.9% Markets Development Program, Ohio’s Rural Business 13.3% explained to fellow legislators during the recent Growth Program and Nebraska’s New Markets Job 6.3% 5.8% 7.0% webinar. “An example for a dairy producer would be if Growth Development Act. the price of milk was $18 on March 1, 2020, and is now “All of these programs can be easily tweaked to 10.3% $12. That is a loss of $6 for every CWT of milk sold.” meet your state’s specific small-business needs in the The Legislature provided $3 million in direct COVID-19 recovery,” Ledet said to legislators. * The 11-state Midwest received $247 billion, which is 26 appropriations to the Minnesota Rural Finance percent of the total rst round of funding. According to the Authority’s revolving loan account for this program; the Small Business Administration, the Midwest had the highest RFA also has the authority to sell $50 million in bonds Minnesota Rep. Paul Anderson and Illinois Rep. Norine number of per capita loans among the four regions. Hammond serve as co-chairs of the Midwestern Legislative to finance other ongoing initiatives, including help for Sources: Small Business Administration and CSG Midwest Conference Agriculture & Natural Resources Committee. The research beginning farmers and a seller-assisted loan program. vice chair is North Dakota Sen. Jim Dotzenrod. Carolyn Orr To apply for a Minnesota Disaster Recovery Loan, serves as CSG Midwest staff liaison to the committee. farmers work with their regular lenders. The RFA covers

4 STATELINE MIDWEST | MAY 2020 criminal justice and Public safety

New state policies emerge as jails and prisons become COVID-19 hot spots in parts of Midwest by Mitch Arvidson ([email protected])

ith the number of COVID-19 cases increasing, “If you want to prevent Impact of COVID-19 Pandemic on Midwest’s and a rise in deaths from the disease, “social the rapid spread and Jails and prisons (DAta as of May 11)* Wdistancing” has become a familiar term and way of life across the country. # of # of # of prison/jail But how is social distancing possible for people whose impacts of COVID, you State/ COVID-19 COVID-19 releases related days are spent in a 6-by-8-foot cell with another person? province cases deaths to COVID-19 How can state and local governments maintain public have to look at where it safety while protecting inmates? How can they prevent Illinois 1,278 15 5,510 outbreaks from starting in correctional facilities, and is. Prisons and jails are then spreading to the wider community? Indiana 846 18 200 to 215 These are some of the questions that have vexed where it is.” criminal justice administrators, inmates, staff and family Iowa 34 0 700 members for months. Professor Sharon Dolovich “If you want to prevent the rapid spread and impacts Kansas 796 3 0 UCLA School of Law of COVID, you have to look where it is,” says Professor Michigan 2,458 22 1,101 Sharon Dolovich, who launched the UCLA School of Law’s COVID-19 Behind the Bars Data Project, Minnesota 142 0 512 which is tracking COVID-19 conditions in the nation’s cases, respectively. Eight Pickaway inmates had died; one correctional facilities. “Prisons and jails are where it is inmate and two corrections officers at Marion had died. Nebraska 8 0 0 because of the conditions we have created and allowed North Dakota 0 0 56 to be perpetuated for all these decades.” OHIO LEADS ON TESTING; OTHER STATES These facilities, she notes, are not insulated from HELPING INMATES WITH HEALTH COSTS Ohio 4,881 50 2,726 their surrounding communities. Workers and food and These numbers from Ohio are eye-popping and Saskatchewan 6 0 278 supply deliverers are constantly cycling in and out, and concerning, Dolovich says, but the public knows about even though many prisons have health clinics, they them because of Gov. Mike DeWine’s leadership in South Dakota 5 0 0 don’t have the capacity to deal with emergencies. Under implementing a best practice that other states should these circumstances, residents with serious conditions follow: He ordered the testing of every prisoner at Wisconsin 44 0 3,448 such as COVID-19 are taken to local public hospitals. Marion, Pickaway and a third Ohio corrections facility. * Does not include federal prisons in the states Dolovich cites two other reasons why jails and prisons “People ask, ‘What’s going wrong in Ohio that they are so important to states’ COVID-19 response. First, Sources: UCLA School of Law COVID-19 Behind Bars Data Project, Global have 2,000-plus cases?’ ” Dolovich says. “My answer to News Canada and KCCI Des Moines governments have a moral and constitutional obligation them is that everybody has prisons with 2,000 cases; to keep prison and jail residents alive and safe. Second, we just don’t know which ones they are because no rules on co-pays required of incarcerated longer sentences and unsanitary conditions have one is doing enough testing.” created an older, more vulnerable population. COVID-19 also can have devastating effects on individuals for medical care (as of April) inmates’ finances. As the nonprofit, nonpartisan Prison EARLY POLICY RESPONSES: END FACE-TO- Policy Initiative notes, state prison jobs for incarcerated FACE VISITS, CURB NEW ADMISSIONS individuals typically pay between 14 and 63 cents per Across the country, one of the common policy hour. So even a seemingly small out-of-pocket co-pay responses has been to eliminate inmates’ face-to-face for physician visits becomes extremely high for inmates. visits with friends and family. Contact with the outside To help reduce this burden, states such as Minnesota world, though, is integral to inmates’ mental health. have suspended all co-pays during the duration of One alternative for states and local governments: the COVID-19 pandemic. As of April, Indiana and Eliminate inmates’ barriers to contact with family Kansas were among the states that suspended co- and friends in other ways, by waiving or reducing pays for medical care related to respiratory, flu and/or customary fees for phone or video calls. COVID-19 related symptoms (see map). Many states and localities, meanwhile, have tried to State did not charge co-pays prior to COVID-19 pandemic reduce jail admissions to keep COVID-19 out of their GOVERNORS COMMUTE SENTENCES, EXPAND facilities. Between the first week of March and the RELEASE OF PRISONERS FOR GOOD BEHAVIOR State suspended all co-pays in response to COVID-19 pandemic first week of April, for example, daily jail bookings in The nonpartisan Brennan Center for Justice Minnesota’s Ramsey County were down by about 74 State suspended co-pays for care related to has urged the nation’s governors and other state respiratory, u-related or COVID-19 symptoms percent. A statewide stay-at-home order was one reason policymakers to “release as many people as possible for this decline, the Star Tribune reported in April, but from incarceration, provided they do not pose serious Source: Prison Policy Initiative another was instructions to local police departments public safety threats, for the duration of the pandemic.” to reserve jail beds for violent offenders. Likewise, Its recommendations include commuting the power to grant reprieves, commutations Chippewa County, Wis., reduced its jail intake by about sentences of older, more medically vulnerable inmates; and pardons (excepting, in most states, 50 percent by issuing citations and court dates instead of expanding the use of “good time credit” programs; and cases of Treason and impeachment) arresting and holding offenders in pretrial detention. keeping people who have been convicted of crimes, Once a virus is inside a jail or prison, it is almost but not yet sentenced, out of prison for the duration of impossible to stop the spread. As of late April, 692 the health crisis. inmates and staff at Chicago’s Cook County Jail had In April, Gov. DeWine authorized the release of 105 tested positive for COVID-19; six detainees and a Ohio inmates near the end of their sentences and correctional officer had died. Around that same time, commuted the sentences of seven others. Illinois Gov. Ohio’s Pickaway Correctional Institution and Marion J.B. Pritzker issued an executive order that eased some Correctional Institution had 1,609 and 2,165 confirmed restrictions on early release for good behavior. (Pritzker also suspended admissions to all Department of Corrections facilities from the state’s county jails.) “If governors don’t feel that they can commute sentences,” Dolovich adds, “they should be ordering the temporary release of people who can then be re- incarcerated when the crisis is over.”

Illinois Sen. Mattie Hunter and North Dakota Rep. Shannon Roers Jones serve as co-chairs of the Midwestern Legislative Conference Criminal Justice and I A Public Safety Committee. The vice chair is Indiana Sen. Michael Crider. Mitch Arvidson serves as CSG Midwest staff liaison to the committee. I M

Source: New York University School of Law

STATELINE MIDWEST | MAY 2020 5 COVID-19 POLICY IMPACTS & RESPONSES

education With new school year coming, policy questions on when to reopen and how to address losses in learning

by Tim Anderson ([email protected])

fter the end to an unforeseen school year across the Midwest, state and local education Potential legislative interventions Aleaders now face a new set of challenges and in response to closing of schools, uncertainties as the start of another year looms. “We have been encouraging our district leaders and opening of 2020-’21 school year our school leaders to have a Plan A, a Plan B and a Plan  Consider incentives for districts to extend C,” Illinois State Superintendent of Education Carmen Ayala said in May during a Facebook Live discussion instructional time for the 2020-’21 school year: organized by Illinois Rep. Emanuel “Chris” Welch. earlier start dates, later end dates and lengthened school days “We may see the start of school [in the fall] in a remote fashion. We may see a combination where  Strengthen diagnostic testing to learn about some children are allowed to come to school on losses in learning due to school closures certain days, or where we take the upper grades and losses in student learning and increases in achievement are able to spread them out in a school building with  Invest more in teacher and staff professional gaps due to factors such as lost in-person instructional social distancing norms. Or we may be able to come development to improve distance learning and time, the inadequacy of some school districts’ remote- back full force.” better differentiate instruction Whether and how schools open will get much learning plans, and variations in family learning attention during the summer months, and final environments.  Provide statewide resources for districts to decisions are likely to vary not only among different “I think the best thing states can do is to have a improve remote learning states and provinces, but within the jurisdictions good assessment in the fall, or maybe even in the themselves. summer,” Sean Gill, a research analyst for the Center on  Expand availability of computer and internet In Illinois, Gov. J.B. Pritzker’s five-phase plan for Reinventing Public Education, said on the webinar. resources for students in need: investments in new a general “reopening” of the state divides it into 11 “That will help us understand where student learning WiFi hot spots, expansions of broadband to under- different regions, with decisions on when to open is, and allow schools to plan accordingly.” served areas and new partnerships with providers to schools based on COVID-19’s impact on these specific The next step after testing is to provide resources to reach low-income families geographic areas. Under his plan, Illinois schools could schools, staff, students and parents for the remediation reopen in the fourth phase, when there has been a response — a challenge in normal times, let alone with  Develop new summer learning programs and sustained decline in local rates of COVID-19 infections the fiscal problems facing states and their local districts. tutoring opportunities for students and hospital admissions. Gill suggested the possibility of new partnerships In Wisconsin, schools would open in the first of a with nonprofits and other service providers to help with  Develop new partnerships with outside three-phase plan unveiled in April by Gov. Tony Evers. remedial coursework or to meet the social-emotional providers and nonprofit groups to expand remedial That first phase occurs after two weeks of downward needs of students. He added that states could seek instruction and mental health services trajectories of the following: 1) influenza-like illnesses assistance from young people willing and able to and 2) positive COVID-19 tests as a percentage of the commit to public service.  Bring recent college graduates into K-12 schools total administered. “A state may have a lot of recent college graduates via AmeriCorps-type public service programs But Evers’ plan also notes that during Wisconsin’s first looking for jobs,” he said. “It might be something that states can consider to rapidly deploy into the schools to Sources: Michigan State University Institute for Public Policy and two reopening phases, “people over age 60, including Social Research and presentations from April 30 webinar of the employees and those who are medically vulnerable, offer tutoring and counseling support.” Midwestern Legislative Conference Education Committee should continue to shelter in place.” A longstanding initiative in Minnesota is one example This would include teachers, administrators and other of how this might work. That state’s Reading Corps school staff (and likely some students), an indication began a decade-and-a-half ago and continues to receive that the coming school year might be not as cut-and- state support via a yearly legislative appropriation. two new forms of federal support for dried as all remote learning or a total reopening. Members of Reading Corps receive training on how to state k-12 education systems under In Ohio, a task force of school leaders has been deliver evidence-based interventions to young students cares act exploring various contingency plans, such as dividing who struggle with reading. The state also has a Math students into two groups that alternate between going Corps program for fourth- to eighth-graders. Reading to school one day and taking part in online learning the and Math Corps members (who can be new college Elementary and Secondary School next, The (Cleveland) Plain Dealer reported in May. graduates, retirees or others) work alongside teachers 1 Emergency Relief Fund In Illinois, Ayala said, one idea for schools is to in the schools; they get paid a stipend, receive health prioritize in-person instruction for at-risk students and/ insurance and are eligible for education scholarships. or those who lack access to the necessary technologies. States also are likely to look at ways of strengthening $33 million the delivery of e-, or distance, learning. The federal $140 CARES Act, signed into law in March, includes $16 million PREPARING TO TACKLE ACHIEVEMENT GAPS $41 million $175 billion for states to use for K-12 education (a portion million $390 In late April, The Council of State Governments’ of that total also can be used for higher education). In million $72 million Midwestern Legislative Conference Education letters sent to governors and education commissioners, $65 million $489 $569 $214 Committee hosted a webinar for state and provincial U.S. Department of Education Secretary Betsy DeVos million million million legislators and others on the impact of school closures encouraged states to use some of those dollars to and distance learning. One of the messages: Be ready strengthen remote learning. $85 million in the fall to ramp up remediation to address expected On the April webinar, Gill noted that there already have been increased local investments in WiFi hot spots to expand access to families. He also said states could develop new initiatives that connect low-income governor’s emergency education “A state may have a lot of households to the existing free or low-cost programs offered by internet providers. 2 relief Fund* recent college graduates In Minnesota, the closure of schools and move to distance learning “really focused the spotlight on equity,” $6 million looking for jobs. It might said Jeff Plaman, online and digital learning specialist for the state Department of Education. $43 million “It’s not just access to the devices, access to the $8 million $47 be something that states million $89 internet,” he said. “Beyond that, it’s thinking about how million can consider to rapidly different families, based on their lived experiences, can $26 million $16 million $105 support the kind of learning that teachers are expecting.” $108 $62 million deploy into the schools million million South Dakota Sen. Jim Bolin and Minnesota Rep. Mary $26 million to offer tutoring.” Kunesh-Podein serve as co-chairs of the Midwestern Legislative Conference Education Committee. The vice T 2 Sean Gill, research analyst chair is Ohio Sen. Hearcel Craig. Tim Anderson serves as CSG Midwest staff liaison to the committee. Center on Reinventing Public Education

6 STATELINE MIDWEST | MAY 2020 midwest-canada relations

‘Reawakening’ the border: A return to binational trade, movement is crucial to broader recovery

by Ilene Grossman ([email protected]) But Sands noted in the webinar that the bilateral relationship is much more than simply trading goods. ven as the U.S.-Canada border shut down earlier Cross-border movement of all kinds, including this year to all but trade and the movement of Cross-Border activity at Midwest’s tourism and shopping, “is so important for getting our ports of entry: March 2020 vs. March 2019 Eessential workers, the strength and durability of the economies moving again,” he said. relationship between the two countries was on display. Because the two countries’ pandemic-related border State “[They] worked as partners to restrict, but not [totally] rules allow only for trade and essential travel, tourism- Inbound crossings of close, the border,” Chris Sands, director of the Canada dependent communities on both sides of the border passenger vehicles, North Michigan1 Minnesota2 Institute at the Woodrow Wilson International Center — and many small and medium-sized businesses in the trucks Dakota3 for Scholars, said during a May webinar for state and travel sector — have been severely impacted. provincial legislators. Recent data on passenger vehicle crossings in the # of passenger vehicle This cooperative effort (which included Mexico, via Midwest underscore the big changes in travel that have crossings in March 260,117 31,788 19,843 a separate border agreement with the United States), occurred. In Michigan, Minnesota and North Dakota, the 2020 he said, was “historic.” And looking ahead, as the border number of inbound crossings in March 2020 was only begins to “reawaken,” he views the North American % change in about half of what it was one year earlier (see table). passenger vehicle trading relationship as potentially more important than -48.0% -48.9% -52.7% Michigan’s decline has been slightly less, likely due crossings from March ever before. to the relatively high number of health care and other 2019 According to Sands, one of the likely takeaways from “essential” workers crossing the border. the COVID-19 pandemic will be a push to change supply # of truck crossings in 182,471 4,475 33,621 chains for essential goods such as medical equipment PROBLEM SOLVING: WHO’S ‘ESSENTIAL’? March 2020 and supplies — away from producers in markets such as China to those in North America. Not only will this be Exactly what makes for an “essential” worker was still % change in truck a deliberate policy shift among governments, he said, being mulled in Canada and the United States, Sands said. crossings from March -12.4% +8.4% 0.4% 2019 some manufacturers “will no longer want to put their As of early May, non-essential or discretionary supply chains at risk.” travel included travel for tourism, recreation and 1 Michigan has four ports of entry; Detroit is the busiest crossing. He also predicts a general shift to “nearshoring”: entertainment. Essential travel has been defined as 2 Minnesota has seven ports of entry; International Falls-Ranier is the busiest Rather than expanding in far-off locations in the world including travel for supporting critical infrastructure, crossing. with low-wage workers, manufacturers will invest in trade and commerce, and health security. Border officers 3 North Dakota has 18 ports of entry; Pembina is the busiest crossing. production facilities closer to home. still have some discretion, as do embassies when issuing Source: U.S. Department of Transportation The webinar was hosted by The Council of State visas, so some details were still being worked out. And Governments’ Midwestern Legislative Conference problems in implementation were also being reported Midwest-Canada Relations Committee, a 29-year-old — for example, some technicians crossing to do repairs Midwestern states’ exports of goods to group of state and provincial legislators that works to were being stopped at the border. canada, 2018, in billions of dollars improve binational trade and relations. From the start of the pandemic, it was clear (services not included) The U.S.-Canada trading relationship has been the that essential workers would include health care largest bilateral trading relationship in the world, with professionals. The Detroit metropolitan area relies more than $2.4 billion worth of goods and services heavily on nurses and other health care professionals $5.8 being exchanged each day before the pandemic. Cross- from Canada to supplement its workforce. Estimates $4.8 are that between 1,600 and 2,000 such workers cross border movement has slowed considerably, but Sands $0.6 $7.0 discussed with lawmakers several “reawakening” steps the border from Windsor each day to work in or near $23.8 for government to take as border restrictions are lifted. Detroit. $4.2 This daily flow of health care workers is repeated $1.7 $17.6 $13.3 $21.0 AS THE BORDER ‘REAWAKENS’ ... throughout many communities along the border. With more than 1 million residents collectively in the cities $1.9 At the federal level, Sands recommends “simplifying of Detroit and Windsor, and more than 4 million in the border process by designating those companies the Detroit metro area, this metropolitan area has the that have invested in the security of their supply chains largest number of cross-border health care workers. Source: Government of Canada [by being approved by the United States’ and Canada’s The Canadian government has resisted calls for trusted shipper or trucker programs] as essential.” these workers to choose one side of the border to work Midwestern states’ Imports of goods from Such a move, he told legislators, will “allow for easier on during the pandemic. (Due to the large number canada, 2018, in billions of dollars transit.” of COVID-19 cases in the Detroit area, some Windsor (services not included) As states and provinces move ahead with a reopening hospitals have asked workers to make that choice.) of their economies, he suggested that they think more The U.S.-Canada relationship was also challenged regionally and look at eliminating unnecessary barriers when shipments of N-95 masks made by 3M and $2.1 — for example, a permit issued in one jurisdiction bound for Canada ran into a roadblock. Invoking the $9.6 (whether it’s a state or province) should be recognized in Defense Production Act, which presidents can use to $0.4 $4.8 the other. expedite and expand the production of key goods in $47.5 Early on in the pandemic, much of the slowdown times of emergency, the Trump administration halted $2.7 in trade activity was being caused by a decrease in $0.9 the export of these masks to Canada as well as to Latin $38.1 $8.0 $12.3 demand rather than by the partial border closure. America. (3M is the only U.S. supplier of N-95 masks to Factories that were essential parts of a cross-border Canada, which does not produce them; the country $1.7 supply chain have temporarily shut or slowed does purchase masks from China.) production to allow for physical distancing; and But following several days of discussions, the Trump Source: Government of Canada there has been an overall economic downturn due to administration exempted Canada and Mexico from this pandemic-related job losses. export ban on N-95 masks. “Canada and the U.S. are close partners in the fight against COVID-19, and we are part of the shared supply Value in Trade of Goods between United chain for both PPE [personal protective equipment] States, provinces in CSG’s Midwestern and medical equipment,” says Joe Comartin, Canada’s Legislative Conference, 2018 consul general in Detroit. He notes that the supply chains for essential medical equipment (gloves, Province Exports to U.S. Imports from U.S. ventilators, testing kits, etc.) cross both ways, as do health care supplies, services and workers. Alberta $79.6 billion $15.9 billion

Manitoba $8.4 billion $13.6 billion Ohio Rep. Bob Cupp and Manitoba Minister Kelvin Goertzen serve as co-chairs of the Midwestern Legislative Ontario $152.3 billion $148.5 billion Conference Midwest-Canada Relations Committee. The vice chairs are Saskatchewan Speaker Mark Docherty and Saskatchewan $13.0 billion $7.7 billion Michigan Sen. Jim Stamas. Ilene Grossman serves as CSG Midwest staff liaison to the committee. Source: Government of Canada

STATELINE MIDWEST | MAY 2020 7 CAPITOL INSIGHTS

profile: Iowa speaker of the House pat grassley

In his first year in top leadership role, Iowa native talks about COVID-19, the unprecedented challenges it poses to states, and the role for legislatures

by Ilene Grossman ([email protected]) Bio-sketch: Iowa speaker of the House pat grassley very year, Pat Grassley makes a point of holding a town meeting in  elected speaker of the Iowa House in 2019 Eeach of the towns that make up his rural legislative district in northeast Iowa.  served as Appropriations Committee chair from 2015 to 2019 He jokingly refers to these events as “the half Grassley.”  first elected to the Iowa House in 2006 Why not the “full Grassley”? He reserves that title for the town hall  operates family farm in northeast Iowa town of New Hartford with meetings held by his grandfather Charles, his father and grandfather the legendary Iowa political leader and longtime U.S. senator who has been  lives on family farm with his wife, Amanda, and their three children holding these events for 39 straight years in each of Iowa’s 99 counties. Grandson Pat has a long way to go before reaching the political longevity of “We want the governor to have the ability to react quicker than Charles, but he already has left his own mark on Iowa politics and policymaking the wheels of government can sometimes move when the situation since first running for a seat in the Legislature in 2006 at the age of 23. is as fluid as it is, but we also want to make sure that (Charles also served in the Iowa House, the Legislature is still involved.” and was only a few years older than Pat when he was first elected.) After serving two terms as chair of the engaged and involved. In Iowa, the you describe your legislative But the biggest change for me is the House Appropriations Committee (from Legislative Council is mostly made up of leadership style? responsibility for speaking on behalf of 2015 to 2019), Rep. Pat Grassley ascended leadership from all four caucuses in the the entire caucus. As a [rank-and-file] to the chamber’s top leadership position Legislature. In legislation we passed on Gov. Reynolds offers an example member of the caucus, you speak for — in time for the start of the 2020 session the last day of session [before session A of leadership in this time. She yourself. As a committee chair, I learned and, as it turns out, likely one of the most was suspended], we gave the council keeps open lines of communication, not that I sometimes had to speak on behalf challenging periods in the history of U.S. more authority. We wanted to avoid the only with her own party but both parties. of the caucus, but now, as speaker, that state governments. situation that when we needed to take She puts herself in front of the media has been amplified to a totally different In an April interview with CSG Midwest, some level of legislative action, we would to reach all Iowans. It is important to be level — with everything I say. Speaker Grassley talked about the have to bring the whole Legislature open and transparent, and to rely upon In the months before I became legislative role in addressing the state’s and support staff back together. So, for experts and data. speaker until now, that is one of biggest response to the COVID-19 pandemic, his example, we were able to meet by phone As House Appropriations Committee changes for me. My opinion matters, but views on leadership, and other policy to extend the legislative session. [Editor’s chair (from 2015-2019), I had to first work the opinion of the caucus is the one that priorities. Here are excerpts. Note: Like many states in the Midwest, Iowa with the budget subcommittee chairs, really matters. has a part-time legislature that does not and then build consensus within the meet year-round.] entire caucus. I have always operated COVID-19 hit Iowa shortly Another part of the legislation in a way that builds consensus from the Looking beyond the impact after you became speaker. Q addressed oversight of state funds. Our ground up, so we spend a lot of time in of the pandemic, what do What is your perspective on the Economic Emergency Fund has $200 caucus getting the input that is needed Q you see as some of the biggest challenges now facing Iowa and million. The governor has discretion for both the budget and policy. challenges and opportunities its leaders? over the first $20 million, and after that, the Legislative Council has to approve for Iowa over the next 15 to 20 Whether you are a new leader additional spending. This is your first session as years? A or have been at this for a long I have full confidence in Gov. [Kim] Q speaker. Is there anything time, it is very hard to plan for something Reynolds. We want the governor to have that has surprised you about this One challenge that Iowa will face is population growth, or where like what we are enduring right now. the ability to react quicker than the new leadership role? A We’ve had times when revenue did not wheels of government can sometimes population is located. I represent a very meet expectations and [we] faced low move when the situation is as fluid as it This is my 14th year in the rural district, and one of the concerns commodity prices. Those things you can is, but we also want to make sure that A Legislature, but I was not part of I see is population loss and shifts in work through. But as our governor says, the Legislature is still involved in that the top leadership team before. population from rural to urban areas. there is really not a manual for something process. There are some things you see as As the population continues to shift like this. All of us across the country are We are collecting information on the speaker that you don’t see as a rank-and- from rural areas, our districts are getting learning as we go, not just the specific requirements of the federal funds Iowa file member, or even as a committee bigger and rural areas will have less issues but general preparedness as well. We will receive, so when the Legislature chair. We have a couple of hundred representation. just have to work through it and look ahead comes back, we are ready to act. employees that work in the legislative I have some concerns about how to learn how to handle future emergencies. branch, and the House and Senate each long we can go without making sure have an internal budget. rural areas have the same economic This pandemic is a reminder Until you sit in the speaker’s chair, you development and educational How do you view the Q of the importance of aren’t aware of some of the management opportunities. The Legislature has to be Q Legislature’s role in leadership in the states. What responsibilities of running the day-to- mindful of this. managing the state response? day legislative operations. All four of the But we also have tremendous are some of the qualities and top leadership positions in our caucus opportunities as an agriculture-based We did several things to ensure characteristics that an effective had new people in the roles, and we are state and being a leader in so many A that the Legislature was staying leader should exhibit? How would all learning on the fly. commodities.

8 STATELINE MIDWEST | MAY 2020 First person: lessons learned on how a state legislature can function during crisis

Political divisions did not stop meaningful interbranch, bipartisan cooperation

general fund. Funneling unused dollars “It is crucial to have someone on your team back into the general fund is a matter looking 30 days, 60 days and even further out of accountability, a firm reminder of the importance of retaining legislative to make sure that legislation meets control and oversight in an emergency. The executive branch has incredible the long-term scope of the crisis.” power during a declared emergency, but the legislative branch is an equal, not lesser, partner. We are the hinge point as deputy majority leader, I had a was challenging. that should supply the executive branch significant role in the creation of our It took significant action on the part with the resources it needs for special three relief packages. of our Senate counsel and leadership dispensations of emergency power. As staff to develop a system that involved district-specific representatives of the THREE EARLY LEGISLATIVE public input. Minority party caucuses people, our transparency with tax dollars RESPONSES TO COVID-19 were also critical to creating workable and accountability requirements is by Minnesota Deputy Majority Leader legislative processes. paramount. Michelle Benson In the early days of the response, Firm deadlines, fiscal responsibility, Since state commissioners play before the dangers of coronavirus were a huge role in either encouraging tate governments had the reliance on nonpartisan staff and good explicitly known, the Legislature passed or disparaging legislation, regular opportunity to showcase their relationships with commissioners (the a $20.9 million bill to bolster our state’s meetings with them have been vital to working spirit as they planned for heads of Minnesota’s state agencies) S public health response. SF 3813 was contributed to a rapid turnaround rate creating and sustaining a functioning the COVID-19 pandemic — and then passed at the request of the governor. This and high-quality legislation. relationship. executed early responses. money went to an existing contingency State legislators must prioritize Though the Senate majority in In the buildup to the outbreak, the account for public health responses emergency legislation as the situation Minnesota does not align politically politically split Minnesota Legislature — investigating diseases, monitoring develops. An obvious statement, or ideologically with the executive produced three robust bills to support outbreaks, providing public information, perhaps, but under the conditions of a branch, we have a successful working health care professionals, production and coordinating statewide response regular session, lawmakers tend to focus relationship with most of the governor- individuals affected by our stay-at-home activities, and conducting laboratory tests. on their areas of interest. In this case, appointed commissioners. executive order in a matter of days. Our second legislative response was that was not possible. One of the most important roles of a We did not foresee that we would written in three days and passed just before Setting hard, fast deadlines led committee chair is to foster a business- have to work on relief packages Minnesota’s shelter-in-place order (that members to collaborate on essentials. like and efficient relationship with these remotely, without the usual ease of order subsequently kept members from This, in turn, became a catalyst for the commissioners and other state leaders. communication. Remote work during being physically present at the Capitol). Senate majority and minority caucuses Cooperation ensures that the process is session brought a unique set of This legislation (SF 4334) contained a to work together. We should consider not burdened by typical political disputes challenges to the table in a time when a spending total of $200 million, with $50 taking this route when faced with critical when working at a lightning pace. brisk work pace was not only expected, million for nursing homes, long-term decisions, even with the luxury of more but completely necessary. care centers, paramedics and clinics. time to debate. COMMIT TO TRANSPARENCY AND As chair of the Senate Health and It also established an oversight board WORKING TOGETHER Human Services Committee, as well to help our state’s Department of Health CRISIS HAS HIGHLIGHTED VALUE Noting lessons learned in this crisis will prioritize needs on a statewide basis. OF LEGISLATIVE STAFF Under the measure, our Legislative provide great insight for many years to Advisory Commission (an existing Firm deadlines are next to impossible come. bicameral group of key legislative to keep without all staff on hand to share In summary, it is important to leaders) was given the authority to the burden. During the emergency, remember the strength of a well- review, approve or stop any spending most team members had to go home, functioning legislative body that is proposals of $1 million or more from while nonpartisan employees kept truly representative of the people. this health care response fund. Another legislators consistently updated through We know our districts better than the $150 million was made available through conference and video calls. federal government or the governor’s an application process for COVID-19 Their expertise was essential to inform administration ever could, but screening, testing and treatment. legislative decisions regarding executive functional working relationships with The third piece of legislation (HF 4531), requests, as well as to make sure that commissioners are imperative when a $330 million bill written over a week of the language would fit well into current putting knowledge into action. remote work, invested more in our health statutes. Our constituents deserve a transparent care needs while also providing assistance Partisan staff, meanwhile, helped process that should be discussed well for other impacted individuals and sectors keep legislators from agreeing to items before an emergency hits. — for example, veterans’ services, college unrelated to crisis response, as the effort Finally, committed team members students, small businesses, and child care to be nonpolitical can be difficult in make it possible to survive difficult times. for health care workers. high-stress situations. We need to know who will support us and keep the long game in mind when Minnesota Senate President Jeremy Miller It also became clear how crucial it is to drafting emergency legislation. disinfects the gavel prior to an April 7 floor have someone on your team looking 30 NEED TO MEET REMOTELY DIDN’T The struggle to recover from the session. The Legislature has used a mix of virtual days, 60 days and even further out to make and in-person meetings to conduct its business STOP BIPARTISAN COOPERATION pandemic continues, and we all hope sure that legislation meets the long-term since the COVID-19 pandemic began. (photo: Working remotely while maintaining never to re-encounter this situation. David J. Oakes, Minnesota Senate) scope of the crisis. It is essential that in a public access to the legislative process Minnesota’s system was by no means time of adrenaline-fed decision making, perfect, but what we learned will help someone is looking at the long game. us work better together during future SUBMISSIONS WELCOME endeavors. Protection of legislative LEGISLATIVE BRANCH IS EQUAL, authority is imperative for balance, even This page is designed to be a forum for legislators and constitutional officers. The opinions NOT LESSER, PARTNER in a peacetime emergency; this is the job expressed on this page do not reflect those of The Council of State Governments or the we were elected to do. Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, As part of the measures we passed as are pieces written on other topics. For more information, contact Tim Anderson at early in our legislative response, we 630.925.1922 or [email protected]. included provisions to ensure that, at Minnesota Senate Deputy Majority Leader the end of the crisis, unused emergency Michelle Benson is serving her third term. funding would be returned to the state

STATELINE MIDWEST | MAY 2020 9 CSG MIDWEST NEWS & EVENTS

Thank you to 2020 MLC annual meeting contributors CSG joins ‘big 7’ call for ‘robust, The Council of State Governments’ Midwestern Legislative flexible’ federal aid to states and local Conference wishes to express its deepest thanks to the following public and private sector donors, all of whom generously pledged significant contributions in support governments due to Covid-19 pandemic of the MLC’s 75th Annual Meeting, previously scheduled to be held in Detroit on July 19-22. Notwithstanding the unfortunate cancellation of this year’s conference due he Council of State Governments estimated allotment of federal COVID-19 to the COVID-19 pandemic, the MLC remains grateful for is among seven organizations that relief fund to states in Midwest the loyal support of its partners, who help make the MLC Tcalled on the U.S. Congress in April Annual Meeting possible — every year! to “immediately provide robust, flexible under CARES ACt relief” to state, territorial and local Total Maximum governments as part an interim relief Minimum allotment direct Chairman’s Circle contributors package for the COVID-19 pandemic. share for State (state allotment Joining CSG in the statement were state and local to local the National Governors Association, government National Conference of State Legislatures, governments) governments* National Association of Counties, National Illinois $4.91 billion $2.7 billion $2.21 billion League of Cities, U.S. Conference of Mayors and the International City/County Indiana $2.61 billion $1.44 billion $1.18 billion Management Association. “State, territorial and local governments Iowa $1.25 billion $688 million $563 million are fighting this pandemic as partners Kansas $1.25 billion $688 million $563 million to provide unique and non-duplicative services to protect public health and Michigan $3.87 billion $2.13 billion $1.74 billion economic stability, despite significant losses of revenue as a result of public Minnesota $2.19 billion $1.20 billion $984 million health measures requiring a pause on Platinum contributor most economic activity,” the April 21 Nebraska $1.25 billion $688 million $563 million statement said. North Dakota $1.25 billion $688 million $563 million “While the CARES Act allocated aid to states and local governments, it did not Ohio $4.53 billion $2.49 billion $2.04 billion contain funding to offset the drastic state and local revenue shortfalls that state South Dakota $1.25 billion $688 million $563 million Gold contributors and local governments are experiencing across the country, nor did it provide Wisconsin $2.26 billion $1.24 billion $1.02 billion • AT&T any relief to local governments with • Government of the Republic of China (Taiwan) populations under 500,000.” * Local governments with a population of 500,000 or more can request direct assistance from the federal government. • Nexteer Automotive CSG also joined with a wider coalition • TC Energy to urge direct federal funding to states, Source: Federal Funds Information for States territories and localities specifically to Silver contributors address increased cybersecurity and information-technology infrastructure • AARP and health insurance marketplaces “has created needs due to COVID-19’s global impact. • Archer Daniels Midland Company additional risks as systems are being modified In an April 28 letter to congressional leadership, • Cargill or created to handle the exponential increase CSG and 11 partners cited the “unique challenges” • Comcast in demand,” the letter states, thus requiring presented by the COVID-19 pandemic to the • Deloitte additional investment in both funding and continuity of governmental • Enbridge manpower “to keep up with the operations. They requested that • Genentech massive usage.” the U.S. Congress “authorize and • GlaxoSmithKline Along with CSG, signatories to this fully fund a dedicated cybersecurity • Government of Canada letter include the National Governors program” to help states and • Henry Ford Health System Association, National Conference of local governments develop and • International Paper State Legislatures, National Association implement security practices. • ITC Holdings Corp. of Counties, National League of Cities, “COVID-19 has required our • Johnson & Johnson International City/County Management workforces, educational systems • Magna International Association, National Association and general way of life to quickly • Michigan Restaurant & Lodging Association of State Chief Information Officers, move remotely, exerting greater • PhRMA National Emergency Management pressure on cybersecurity and • Sprint Association, National Association IT professionals and increasing the risk of • State Farm of State Treasurers, the Governors Homeland vulnerabilities and gaps to state and local • United Parcel Service Security Advisory Council, Government Finance networks,” the letter states. Officers Association, and the National Association Increased use of online unemployment portals of State Auditors, Comptrollers and Treasurers. Bronze contributors • AAA - The Auto Club Group • American Chemistry Council • Amway MLC’s COVID-19 webinar series now available online • Dairyland Power Cooperative • Eli Lilly and Company he Midwestern Legislative Conference’s • Meijer initial series of free, weekly webinars on • Michigan Association of Health Plans Thow the COVID-19 pandemic is impacting • Michigan Farm Bureau states and how legislators can respond wrapped • Michigan Manufactured Housing Association up on May 21. These MLC committee-led events • Michigan Municipal League covered topics related to public health, education, • Saginaw Valley State University economic development, U.S.-Canada trade, • University of Michigan-Flint criminal justice and agriculture. Links to view them • Wells Fargo & Company can be found at csgmidwest.org.

The Council of State Governments was founded in 1933 as a national, nonpartisan organization to assist and advance state government. The headquarters office, in Lexington, Ky., is responsible for a variety of national programs and services, including research, reference publications, innovations transfer, suggested state legislation and interstate consulting services. The Midwestern Office supports several groups of state officials, including the Midwestern Legislative Conference, an association of all legislators representing 11 states (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin) and the Canadian province of Saskatchewan. The provinces of Alberta, Manitoba and Ontario are MLC affiliate members.

10 STATELINE MIDWEST | MAYAPRIL 2020 2020 CSG MIDWEST’S BILLD PROGRAM

BILLD alumni notes: Message from a Michigan Legislator, doctor and Medical professionals billd fellow: on covid-19, hope and a proposal serving in region’s to improve access to necessary medications

legislatures n November 2018, I was honored to be elected to the state Senate. Guest Author: Michigan Sen. John Bizon, M.D. The Midwest’s legislatures include members from a I From the start of this time in public service, my diverse mix of professional backgrounds. That includes long career in the medical field has helped inform Dr. Bizon serves as legislators who have worked, and guide my work as a state legislator. I am an Michigan Senate assistant majority or continue to work, as doc- otolaryngologist, and was in medical practice as whip and as majority tors, nurses and other medical an ear, nose and throat doctor for more than 40 vice chair of its Health professionals. Several of these years before my medical partner and I closed our ENT practice in 2019. Policy and Human medical professionals/legis- Services Committee. Through the years, too, I have been in various lators are graduates of CSG He is a 2017 graduate Midwest’s Bowhay Institute positions to see the important connections of CSG Midwest’s for Legislative Leadership between medical care and public policy — for Bowhay Institute for Development (BILLD). example, as president of the Michigan State Legislative Leadership Medical Society and as a member of The Council Development. Sen. of State Governments’ Healthy States Task Force. Bizon can be reached at BILLD CLASS OF 2019 [email protected]. • Iowa Rep. Ann Meyer — registered nurse HOPE AS A PHYSICIAN AND LEGISLATOR • North Dakota Sen. Kristin Roers — registered nurse and Currently I am the only physician in the nursing practice specialist with the coronavirus, please consider asking your Michigan Legislature. I like to think that my doctors to consider this approach, or to consider • Wisconsin Sen. Patty Schachtner — emergency medical medical experience, training and service, coupled technician (also county chief medical examiner) using some other “off label” medicines. Please with my public service, have given me a unique consult with your doctor about different options. perspective in Michigan into what we are facing as BILLD CLASS OF 2018 we battle COVID-19. • Nebraska Sen. Michael McDonnell — emergency medical There is reason to have hope here in Michigan, LEGISLATION TO HELP SMALL PHARMACIES technician as well as across the nation and the world. As we continue to work on our response to the Along with other medical professionals in COVID-19 pandemic, there also is room for new BILLD CLASS OF 2017 Michigan, I have joined the U.S. Centers for policies that help improve our citizens’ overall • North Dakota Sen. Brad Bekkedahl — dentist Disease Control and Prevention in advising that access to needed care and medications. everyone wear face coverings in public to help That is the intent of SB 630, a bill that I introduced • Michigan Sen. John Bizon, M.D. — doctor (otolaryngologist) prevent the spread of COVID-19. This practice in the fall to create a long-lasting, positive impact BILLD CLASS OF 2016 offers some protection against infection and on my state. This bill would create a new category unknowingly spreading the virus if you are of medical licensure in Michigan for wholesale • Michigan Rep. Mary Whiteford — registered nurse asymptomatic. A YouTube video titled “A Doctor distributor-brokers of prescription drugs — a • South Dakota Rep. Nancy Rasmussen — registered nurse Explains How to Make the Safest Face Mask” category distinct from wholesale distributors. • Iowa Rep. Timi Brown-Powers — certified therapeutic shows how to make a very efficient mask out Wholesale drug distributors are intended to serve recreation specialist of a new High Efficiency Particulate Air vacuum as a link in the pharmaceutical and medical device cleaner bag. supply chain. These distributors purchase medicines BILLD CLASS OF 2015 Sharing resources like these with our and/or medical devices directly from manufacturers constituents is one way we as legislators can aid in for storage in warehouses and distribution centers • South Dakota Rep. Fred Deutsch — chiropractor our states’ public health response. across the country. From there, licensed pharmacies, BILLD CLASS OF 2014 In addition, recently I have been encouraged by hospitals and medical providers place orders with a promising drug in the fight against COVID-19. the wholesale distributors for the medicines and • Indiana Rep. Denny Zent — endodontist Dr. Edward Loniewski is an orthopedic surgeon devices they need. The distributors process and in Michigan who has been doing some trials on deliver the orders. BILLD CLASS OF 2013 stem cells with a group out of Seattle called AVM Under SB 630, a licensed wholesale distributor- • Minnesota Sen. Chris Eaton — registered nurse Biotechnology. AVM’s founder and lead researcher, broker would have the statutory authority to • South Dakota Sen. Deb Soholt — registered nurse and Dr. Theresa Deisher, along with her team, has been facilitate the delivery or trade of a drug or device hospital director of women’s health working on a medicine labeled AVM0703. between pharmacies for the purpose of filling a The drug is reported to turn one’s own immune prescription for a specific patient. The distributor- • Ontario MPP Jeff Yurek — pharmacist system on; as of April, it was in trials to obtain U.S. broker would not take physical possession or BILLD CLASS OF 2012 Food and Drug Administration approval for use in ownership of the drug or device. this pandemic. AVM0703 is a more highly purified The Michigan Department of Licensing and • Kansas Sen. Barbara G. Bollier, M.D. — doctor form of dexamethasone, a generic medication Regulatory Affairs has recently determined that, (anesthesiologist) that is currently available. Doctors are using this despite prior licensure, the statutory definition • North Dakota Rep. Ron Guggisberg — emergency generic medicine in many of the patients currently of pharmacy wholesaler does not include or medical technician being treated for their COVID-19 infections, encompass this type of facilitation. SB 630 would especially when they are hospitalized. Doctors fill this gap in our state statute. BILLD CLASS OF 2011 typically give dexamethasone, or other steroids, in This type of broker facilitation is particularly • North Dakota Rep. Karen Rohr — nurse practitioner very small doses over an extended period of time. useful in supporting smaller pharmacies. They To get the effect of turning on the immune need to secure medication for their customers in BILLD CLASS OF 2004 system, one very large dose must be given orally smaller lots, a difficult task due to supply-chain • Iowa Rep. Linda Upmeyer — family nurse practitioner or by feeding tube in the form of tablets dissolved constraints. in orange juice, according to the researchers. “The creation of this new category of licensure BILLD CLASS OF 2001 Dexamethasone was developed in the late in Michigan will foster continued access to needed • South Dakota Rep. Jean Hunhoff— registered nurse 1950s and came to market in the early 1960s. It medications during this pandemic and in the has side effects, mainly minor, and is approved future,” Johny Kello, the CEO of MatchRX (a web- by the FDA for use by doctors now, even in the based marketplace used by many independent Please submit Alumni News to Laura Tomaka, CSG higher dosages required to trigger the immune pharmacies), recently said about the bill. As of Midwest program manager for BILLD. She can be system response. April, SB 630 had passed out of committee and reached at [email protected]. If you have family members who are very sick was awaiting action on the Senate floor.

BILLDBILLD SteeringSteering CommitteeCommittee OfficersOfficers || Co-Chairs:Co-Chairs: NebraskaNebraska Sen.Sen. SaraSara HowardHoward andand MinnesotaMinnesota Rep.Rep. LaurieLaurie HalversonHalverson || Co-ViceCo-Vice Chairs:Chairs: IowaIowa Sen.Sen. AmyAmy SinclairSinclair andand IndianaIndiana Rep.Rep. HolliHolli SullivanSullivan

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STATELINE MIDWEST | MAY 2020 11 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE CSG Events & cancellation notices

Canceled: 75th Annual Meeting of the Midwest Interstate Passenger Rail Midwestern Legislative Conference Commission Annual Meeting NOTE TO OUR MEMBERS: DUE TO THE IMPACT OF THE November 9-11, 2020 | Detroit, Michigan COVID-19 PANDEMIC, THE 75TH ANNUAL MEETING OF CSG’S MIDWESTERN LEGISLATIVE CONFERENCE HAS Contact: Laura Kliewer ~ [email protected] BEEN CANCELED. MEMBERS WILL BE MADE AWARE 630.925.1922 | miprc.org IF AND WHEN OTHER PLANNED MEETINGS MUST BE CHANGED.

CSG National Conference Canceled: 2020 Bowhay Institute for Legislative Leadership Development December 2-5, 2020 | Santa Fe, New Mexico

NOTE TO OUR MEMBERS: THIS SUMMER’S BILLD Contact: Kelley Arnold ~ [email protected] PROGRAM HAS BEEN CANCELED DUE TO THE IMPACT 800.800.1910 | csg.org OF THE COVID-19 PANDEMIC. APPLICATIONS FOR THE 2021 BILLD PROGRAM WILL BE AVAILABLE LATER THIS YEAR.

Midwestern Legislative Conference Great Lakes-St. Lawrence Legislative Caucus Annual Meeting Annual Meeting July 11-14, 2021 | Rapid City, South Dakota September 18-19, 2020 | Detroit, Michigan Contact: Lisa Janairo ~ [email protected] Great Lakes-St. Lawrence Contact: Cindy Andrews ~ [email protected] 630.925.1922 | greatlakeslegislators.org Legislative Caucus 800.800.1910 | csg.org

Stateline Midwest is published 11 times a year by the NONPROFIT Midwestern Office of The Council of State Governments. ORGANIZATION Annual subscription rate: $60 U.S. POSTAGE PAID To order, call 630.925.1922. FOX VALLEY, IL PERMIT NO. 441 CSG Midwest Office Staff

Michael H. McCabe, Director Ilene K. Grossman, Assistant Director Tim Anderson, Publications Manager Lisa R. Janairo, Senior Policy Analyst Mitch Arvidson, Policy Analyst Laura Kliewer, Senior Policy Analyst Cindy Calo Andrews, Assistant Director Laura A. Tomaka, Senior Program Manager Jenny Chidlow, Office Manager Kathy Treland, Administrative Coordinator and Meeting Planner Jon Davis, Policy Analyst and Assistant Editor

May 2020

The Council of State Governments, Midwestern Office 701 E. 22nd Street, Suite 110 | Lombard, IL 60148-5095 Phone: 630.925.1922 | Fax: 630.925.1930 Email: [email protected] | csgmidwest.org CHANGE SERVICE REQUESTED