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Ewald at the Capitol: Chaotic Start to Legislative Session

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2025 LEGISLATIVE SESSION HAS CHAOTIC START

The lead-up to the 2025 legislative session has been filled with an unprecedented level of uncertainty. The 2024 election resulted in a 67-67 tie in the House. DFL and Republican legislative leaders came to a tentative power-sharing agreement to organize the 2025 session, which included committee structure, co-chairs, and appointments. However, this agreement fell apart due to complicated situations with two House seats. The DFL winner of the House District 40B seat, Curtis Johnson, was ruled ineligible to assume the seat as the judge found he did not meet the district’s residency requirements. A special election on January 28 will fill this seat. While the voting history of the district historically leans DFL, the outcome remains to be seen. Should voters elect the DFL candidate, the body will again be tied — but for now, Republicans have a 67-66 operational majority.

The other point of contention this year is the House District 54A seat, where DFL Incumbent Brad Tabke won reelection by 14 votes. The validity of the election was called into doubt upon the discovery that 20 ballots were thrown out by accident, a significant development due to the razor-thin margins of the election. A recount was held to rectify the situation, which Tabke won. The Republican candidate for the district challenged this outcome in court, citing the 20 missing ballots, but on January 14 a Scott County judge upheld the Tabke win and stated that there is no basis for a special election. Despite this, House Republican leaders have suggested that they may refuse to seat Tabke.

Given these unique circumstances, the start of the 2025 Legislative session on January 14 was tumultuous. Republicans have committed to acting as the governing party in the House with their 67-66 operational majority, which includes forming committees and electing the Speaker of the House. The DFL response is to deny a quorum by not attending House proceedings until a power-sharing agreement is formed, or until the body is once again tied after the special election. The DFL exacerbated tensions further by swearing in their members over the weekend at the Minnesota History Center.

Both sides held firm on Tuesday, creating a strange sight on the House Floor. Secretary of State Steve Simon presided over a half-full House Floor, with all DFL members absent. Simon found that a quorum was not present and subsequently adjourned the body. Republicans challenged the decision and continued with business by electing Rep. Lisa Demuth as Speaker of the House. Members have been meeting in committee throughout the week, with only Republican members present. DFL members have been meeting with constituents and lobbyists remotely or in their districts. The DFL is suing House Republicans over what they call an “unconstitutional session.” Secretary of State Simon also filed a legal petition asking the Minnesota State Supreme Court to void Republicans’ actions. Republicans plan on going forward with the work of the House, but indicate they would abide by a Supreme Court ruling. Gridlock is expected for the foreseeable future.

BIPARTISANSHIP IN THE SENATE

In contrast to the division in the House, proceedings in the Senate have been calm and agreeable. The body began the session with a 33-33 tie due to the death of Senator Kari Dziedzic in December. A special election to fill her seat in District 60 is scheduled for January 28, and is expected to go to the DFL. DFL and Republican leaders have come to a power-sharing agreement to govern the body until then. The agreement allows for co-presiding officers, co-chaired committees, and equal representation in committee membership. On Tuesday, DFL Sen. Bobby Joe Champion and Republican Sen. Jeremy Miller were elected co-presiding officers.

GOVERNOR RELEASES BUDGET RECOMMENDATIONS

On January 16, Gov. Tim Walz released his budget proposal for the next biennium. The governor’s watchword during his Thursday afternoon press conference was “fiscal responsibility,” as he spoke about measures to trim state spending to balance the budget.

The proposal includes a sales tax reduction, while also “closing loopholes” in the tax code by expanding the sales tax to legal, banking, brokerage and accounting services. Other recommendations include an increased surcharge levied on health maintenance organizations, limits to growth rates in Medicaid waivers, a reduction in special education transportation reimbursement, and anti-fraud measures like increased enforcement authority and tougher penalties.

This budget proposal would leave $2.1 billion on the bottom line for Fiscal Year 26-27, and $355 million in fiscal year 28-29. A new budget forecast comes out in February, after which the Legislature will begin putting together its own budget proposals.

THE IMPACT OF CITIZEN TESTIMONY

Testifying before a legislative committee is a powerful way to influence policy and ensure your voice is heard. However, the process can seem intimidating, especially if you’re new to it. So, Ewald’s Government Relations Team has created a video to walk you through the steps of preparing and delivering effective testimony. We’re putting the finishing touches on the video — keep an eye on your inbox for it next week!

HELPFUL RESOURCES

A few helpful links to follow the action at the State Capitol:

To find your legislators, visit Who Represents Me

For updates on activities at the House of Representatives,
visit the House Session Daily website.

For updates on activities at the Senate, visit Senate Media Services.

To watch House committee and floor sessions, visit the
House of Representatives YouTube Channel.

To watch Senate committee and floor sessions, visit the Senate YouTube Channel.
screen grab of Heidi Christianson and Eric Ewald at an Associations Trends Talk

Associations Trends Talk Takeaways: Keep Your Association Safe from Legal Issues

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Attorney Heidi Christianson of Nilan Johnson Lewis joined Ewald Consulting Chief Client Experience Officer Eric Ewald on January 14 for an insightful discussion on legal trends that are affecting associations. Here are five leading issues Heidi identified that association leaders should watch out for:

Strategic Alliances between Trade Associations 

Strategic alliances can be as simple as a one-time agreement to share services (perhaps to present a joint conference or a marketing trade-out to expand reach) or much more complex. For instance, an association could offer reciprocity for event attendance or membership with other associations. It can provide a benefit for sponsors. And Heidi has worked on a number of mergers or formal arrangements that are more permanent.

In the case of a merger between two associations, it allows one employer to operate both organizations while allowing both organizations to keep their corporate structure. That kind of merger provides for efficiencies in staffing and completing documents like 1099s and 990s. Heidi noted that the concept of a merger always seems simpler than the execution. The dissolution of a shared services agreement can also be surprisingly complex. If your organization is considering setting up or dissolving a strategic alliance, Heidi suggests setting up a subcommittee with representatives from both organizations. Expect it to take about a year to complete an agreement.

It’s vital to pay attention to unrelated business income tax (UBIT) implications. Heidi recommended using your organization’s Form 990 (Part III, line 2) to explain how the new activity supports the mission of the association. If you do that in the tax year when the activity begins, the IRS will have a record. This can avoid many more questions from the IRS should your association happen to be audited.

Agreements Presented to an Association by Sponsors or Partners Wanting to Sell Goods or Services 

Heidi says that if your organization receives a proposal from a sponsor or partner to sell goods or services, you need to parse through the offer very carefully. These contracts have become increasingly complex, and you should be sure the requests from partners are in alignment with association policies. Some recent requests have included an ex officio seat on the association board or member data.

If the income from such a proposal is related to the association’s mission, it won’t be subject to UBIT. However, advertising can be subject to UBIT. It can be hard to figure out what is and is not taxable. If the sponsor is agreeing to share a portion of revenue, that is a classic UBIT situation. An attorney can help you advise you in setting up sponsorship agreements, including how to categorize income. “It’s really important for you and your CPA to be on the same page regarding sponsorships,” Heidi says. She also notes that agreements between a tax-exempt entity and a for-profit entity cannot benefit the for-profit entity more than the nonprofit.

Heidi stressed the need to be vigilant about what your association is willing to provide to a partner/sponsor; you want to protect your intellectual property and your members’ data. A non-disclosure agreement (NDA) is good practice. Eric noted that sources of non-dues revenue are essential to an association’s success so the organization isn’t too dependent on any one source of revenue. In the past, it was more common to simply have sponsors for a conference or major event — but now, associations often offer a yearlong, customized bundle of benefits to sponsors and partners. Talk to your attorney or CPA if you have questions about setting up partnerships.

Member Issues 

Heidi says her firm received several questions about Americans with Disabilities Act (ADA) accommodations at conferences. Generally, associations want to meet the needs of attendees, but it’s helpful for the association to know about these requests well in advance of the event. When you start promoting a new event, include a request for ADA accommodations in the registration. In some cases, an accommodation is required by law.

Other member issues include challenges to certification programs, breach of confidentiality claims, and use of a member’s IP address by another member. In many situations such as these, it’s helpful to regularly provide members with reminders of association policies. An attestation of agreement for the organization’s code of contact is useful. 

Advice for Board Members in the New Year 

Board members are volunteers with other full-time jobs who are multitasking. To interact successfully, Heidi suggests that you need to remind them about key responsibilities and what their focus should be. Association strategy is one key responsibility for board members.

Eric reported that the pandemic had an impact on volunteerism, with a 7% drop from 2019 to 2021 in the U.S. The reasons for the drop include people not having time or money to volunteer. Many of us face the challenge of attracting/recruiting good volunteers. A one-to-one interaction is more important than ever to recruit leaders for committees and boards.  

AI Note-Takers 

Association leaders have seen a proliferation of AI note-takers at association meetings. When your meeting agenda includes a sensitive topic that could result in a legal issue, all AI note-takers should be turned off. Heidi said AI-generated notes should not be used as the official record of the meeting; AI often attributes statements to the wrong person or makes other errors. Meeting minutes should include general discussion, not who said what. Board members/staff should destroy any notes once the minutes are distributed. Your association should have just one official record for each meeting. 

Watch the video of this webinar for more details. 

Sign up here to make sure you receive future announcements about upcoming Associations Trends Talks.  

Ewald at the Capitol: State Budget Outlook

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STATE BUDGET OUTLOOK

On Wednesday, Minnesota Management and Budget (MMB) released the state budget forecast, showing a mixed picture of the state’s financial outlook. The forecast indicates a $616 million surplus for the FY26-27 biennium, which is far less than anticipated. MMB also forecasts a structural imbalance ranging from $3.5 billion to $5.1 billion for the FY28-29 biennium, causing concerns about the state’s future financial stability.

For more information on the budget, you can read the entire forecast here as well as the presentation documents.

HOUSE COMMITTEE UPDATE

With the 67-67 tie in the House, much is still unknown about how power-sharing will work in the next legislative session. However, co-leaders Rep. Melissa Hortman and Rep. Lisa Demuth have agreed to a committee structure and appointed committee chairs. Under this agreement, committees will be chaired by DFL and Republican co-chairs and committee membership will be equally divided. Committee chairs were recently named, but committee membership is not yet determined.

HELPFUL RESOURCES

A few helpful links to follow the election and other action at the State Capitol:

To find your legislators, visit Who Represents Me

To view the election results, visit The Secretary of State’s Website

Ewald at the Capitol: Election Updates

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Ewald at the Capitol – November 8, 2024

 

 

ELECTION UPDATES

On Tuesday, November 5, voters went to the polls to elect President and Vice President, Members of Congress, and the Minnesota House of Representatives, including one special state Senate election.

Along with the Presidency, Republicans were able to gain a majority in the U.S. Senate by flipping key seats in Pennsylvania, West Virginia, Montana and Ohio. Several seats in the U.S. House of Representatives are still too close to call. Republicans came into the election with a 220-212 majority in the House.

While attention was mainly focused on the presidency, we are closely watching the state legislative races.

This year, Minnesotans voted on races in the Minnesota House of Representatives and one seat in the Minnesota Senate (District 45), which was a special election to replace retiring Sen. Kelly Morrison, who stepped down to run for Congress.

This was an extremely important race for both parties, with Republicans hoping to flip both houses. Coming into the election, Minnesota already had a unique legislative dynamic, with Democrats having a trifecta holding the Governorship, the Minnesota Senate with a 34-33 majority, and the Minnesota House with a 70-64 majority.

Democrats ultimately were able to keep control of the Senate with DFL Senator-elect Ann Johnson Stewart winning 52% of the vote. Meanwhile, House Republicans needed to win four seats to take control — they managed to win three. Republicans won vacant seats in districts 26A and 7B (both previously held by DFLers), and in 18A newcomer Erica Schwartz defeated incumbent DFLer Jeff Brand. This brought a 67-67 tie between the parties.

State law dictates that when a state legislative candidate wins by less than 0.5%, there is a publicly funded recount in that race. So, two races are automatically headed to a recount due to being too close to call. In District 14B, Democrat Dan Wolgamott won reelection by 28 votes, while in District 54A, Democrat Brad Tabke won reelection by 13 votes.

What if there is a 67-67 tie? The last time this occurred in Minnesota was in 1979 — we had a peanut farmer in the White House and the number one movie in January 1979 was a re-release of Disney’s 101 Dalmatians. The Minnesota Secretary of State is charged with gaveling in a new House, and so that year, Secretary of State Joan Growe, acting as temporary presiding officer, presided over the tied body to perform basic business — but she could not name committee chairs or set committees. After five days, an agreement was reached where the Republicans would get the speakership and the DFL would chair the rules, taxes, and appropriations committees and get one vote majorities on those committees. Bills that got to the House floor almost always had bipartisan support, and members rarely missed committee meetings or floor sessions. But as with all stories that start off easy, the end gets a little more colorful. If you’d like to learn more on the whole story, you can find it here.

HELPFUL RESOURCES

A few helpful links to follow the election and other action at the State Capitol:

To find your legislators, visit Who Represents Me

To view and/or keep up with election results, visit The Secretary of State’s Website
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Engage First, Grow Further: Membership Strategies

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Seasoned association leader Avi Olitzky joined us on Oct. 15, 2024, to share how membership engagement can lead to improved member retention and attraction.

Focus on service

Avi’s first message is that the goal of associations should be to serve members, especially in a post-COVID world. This focus helps us stay true to our association’s mission. If you’re serving your mission, people will scream your praises from the rooftops. Think about a great restaurant: they may need to do a little marketing to begin with, but after that, word of mouth will build the business. You’re still recruiting, but others are doing the work for you. 

The minute you label yourself as a “nonprofit,” you put on an unfortunate blinder that you’re coming from of a position of scarcity. The difference between a nonprofit and a for-profit is that a nonprofit puts any excess money back into the mission. But nonprofits need to learn how to develop a mindset of abundance. 

Avi says that beginning in 2016, society entered an era of hyper-transition. Innovation is central to staying relevant in this environment. The benefit provided to your member will be out of date by the time they realize they’re getting it, and you need to focus on the next benefit that is coming. 

Connect regularly

Connect with members every quarter or every month to be sure they’re using the benefits you offer. If you engage members regularly and well, members will be your ambassadors. But this doesn’t mean sending multiple emails every week! Instead, find ways to go deeper. Perhaps each board member could call a few members and have a conversation about what they need right now.  

Measure Success

We also need to find new ways to measure our success. Net Promoter Scores don’t speak to the happiness factor. We must figure how happy and engaged members are now compared to the past. This will require quantitative and qualitative engagement measures. Quantitative measures show how many people are using the association’s services or how many people you’re connecting with regularly. Qualitative engagement is about measuring happiness, which is a more profound conversation.

Use AI

As many of our Associations Trends Talks presenters have stated throughout this year, Avi says that we all need to start using AI in some way. Use it to assist you in prediction and to help you move faster as you innovate. You’ll need to test the results with pilot projects and test cases, but AI will help you generate ideas. 

Additional resources: 

Watch webinar on-demand

NotebookLM.google (creates podcasts from PDFs) 

Great by Choice by Jim Collins

Master of Change by Brad Stulberg 

Ewald at the Capitol: New Laws Go into Effect

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Ewald at the Capitol – August 9, 2024

 

NEW LAWS NOW IN EFFECT

Effective dates for laws passed during a legislative session vary. Some are specified to be effective immediately once a bill is signed by the governor. Most budget bills take effect July 1 to coincide with the start of the new fiscal year and most bills without an effective date take effect August 1.

Some new laws that took effect on August 1 include:

  • Harsher penalty for “swatting” — Swatting is the act of faking an emergency aimed at sending law enforcement to the home of a target. The bill passed last session raises swatting from a misdemeanor to a felony.

  • Child passenger laws — Children under 13 must be transported in the rear seat of a motor vehicle, where available. In addition, children under the age of 13 are also required to use a child passenger restraint system or booster seat secured with a safety belt.

  • New penalties for straw purchases and guns — Straw purchases are when one party purchases a firearm for another party who is ineligible to purchase or possess one. Under the new provisions, the penalty for such an action increases from a misdemeanor to a felony.

  • New Compliance Obligations for Employers — These include new provisions related to employee wages and earnings such as:

    • While the new paid family and medical leave law will not take effect until January 1, 2026, starting on August 1, 2024, pregnant workers can take prenatal medical leave without counting against their twelve weeks of parental leave. Additionally, employers must offer the same health benefits during pregnancy and parental leave, contributing to the health benefits as if the employee were working.

    • Employers now need to pay workers the full amount of tips received by card or electronic payment, rather than subtracting a swipe fee first.

    • Employers now have to keep pay stubs for at least three years.

  • Rights for Parents with Disabilities — Prohibits a court from denying a prospective adoptive parent the ability to proceed with an adoption due to the prospective parent’s disability.

These are just some of the many laws that took effect as of August 1. For all new laws taking effect, you can view a more complete list here.

ELECTION UPDATES

On August 8, Democratic presidential candidate Kamala Harris announced Minnesota Gov. Tim Walz as her running mate and candidate for Vice President. This marks the first time since 1984 that a Minnesotan has been on a presidential ticket. The announcement came just two weeks after Vice President Harris announced her candidacy for president.

If the Harris/Walz ticket wins in November, the following would take place:

  1. Gov. Walz would resign to take on the role of Vice President of the United States.

  2. Lt. Gov. Peggy Flanagan would then immediately be sworn in as Minnesota’s governor.

  3. The most recent President of the Minnesota Senate (Sen. Bobby Joe Champion – DFL, Minneapolis) would in turn become the new Lieutenant Governor.

Some additional considerations:

  1. At the beginning of the legislative session on January 14, 2025, the Senate must elect a president of the senate as they organize themselves for the new biennium. It could be Sen. Champion, but it could be another member.

  2. A special election could change the majority in the Minnesota Senate — right now, with Sen. Kelly Morrison having resigned her seat to run for Congress, the Senate is tied 33/33.

  3. There is precedent where the President of the Senate does not resign their seat — Michelle Fischbach held both positions until the end of the legislative session in 2018. It is unclear whether Sen. Champion would follow that same pattern.

You can also see this interview with Minnesota Senate President Bobby Joe Championwhere he laid out what would happen if Gov. Walz wins and assumes the position of Vice President.

As a reminder, voters will head to the polls in November to vote for several races — including President, U.S. Senator for Minnesota, all 8 members of Minnesota’s U.S. House of Representatives delegation, and all 134 Minnesota House of Representatives districts. The Minnesota state senate is not up for election this year, but a special election will be held in Senate District 45, where Kelly Morrison resigned the state senate to run for U.S. Congress in the Third Congressional district.

Some important election dates to remember:  

June 28–August 12: Vote early by mail or in person for the August 13 primary elections 

August 13: Primary Election Day 

September 20 through November 5: Vote by mail or in person  

November 5: Election Day 

For more voting information such as how to vote, where to vote, and other questions you may have you can visit the Secretary of State’s website here. 

The Ewald Consulting Government Relations team has compiled a list of candidate filings. To find more detailed information in the races up for election, you can visit this candidate filings list.

New Laws Now in Effect

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NEW LAWS NOW IN EFFECT

July is an exciting time of the year. Not only is it a time for fireworks and barbecues, but it’s also a time to see all the laws passed by the legislature go into effect. Minnesota law dictates that bills containing an item of appropriation take effect on July 1 to correspond with the start of the new fiscal year; many bill provisions that passed this last session have now taken effect. Policy bills with no effective date take effect on August 1. These budget and policy changes include various topics, including:

Elections: 

  • The new Minnesota Voting Rights Act provides a mechanism for an individual to bring action against a county or city if the individual believes their vote is being suppressed or diluted.
  • Banning the use of “deep fakes” to influence elections and disqualification for candidates found violating the ban.
  • Expanding campaign finance laws to increase transparency of money spent to influence elections.

 

Economic Development: 

  • Investments of $24 million for employment and training opportunities and business and community development initiatives.

 

Transportation:

  • New law requiring clear, simplified language on driver’s exams which aims to ensure written driver’s license exams test how well applicants understand the rules of the road rather than their ability to decode complex sentences.
  • Provisions allowing registration of roadable aircraft (i.e. flying cars).
  • Minnesota businesses will begin to collect a 50-cent retail delivery fee on orders that equal or exceed $100. The revenue will be directed to the Transportation Advancement Account.

Education:

  • Minnesota Reading to Ensure Academic Development (READ): The act invests $37.22 million in to support school districts efforts to ensure Minnesota’s students are reading at grade level.
  • Annual reviews and revisions of personal learning plans to ensure students are on track to graduate.
  • Requiring schools to have a language access plan for students and families who speak languages other than English.

 

BUDGET UPDATES

The Minnesota Department of Management and Budget reports that Minnesota’s financial outlook is stable while tax revenues continue to outpace projections.  The report covering the last quarter of the fiscal year showed that tax receipts were about $421 million (1.4 percent) more than anticipated since February’s comprehensive economic forecast. All tax receipts except for the sales tax performed ahead of estimates. There will be an updated economic forecast in November prior to the start of the 2025 Legislative Session, which will help the next legislature develop a new biennial budget.

Here is the full report from Minnesota Management and Budget.

 

ELECTION UPDATES

This year voters will head to the polls to vote for several races, including President, United State Senator for Minnesota, all 8 members of Minnesota’s United States House of Representatives delegation, and all 134 Minnesota House of Representatives districts. The Minnesota state senate is not up for election this year, but there will be a special election held for senate district 45, with the departure of Senator Kelly Morrison who is running for U.S Congress in the third congressional district and has resigned from the state senate.

Some important election dates to Remember:

May 15: Applications for Absentee ballots open

June 28: Vote by mail or in person begins for the August 13 primary elections

August 13: Primary Election Day

September 20 through November 5: Vote by mail or in person

November 5: Election Day

For more voting information such as how to vote, where to vote, and other questions you may have you can visit the Secretary of State’s website here.

The Ewald Consulting Government Relations team has compiled a list of state representative races, but to find more detailed information in the races up for election you can visit  candidate filings list.

 

HELPFUL RESOURCES

A few helpful links to follow the action at the State Capitol:

To find your legislators, visit Who Represents Me

For updates on activities at the House of Representatives,
visit the House Session Daily website.

For updates on activities at the Senate, visit Senate Media Services.

For House Committee and Floor Session Video,
visit the House of Representatives YouTube Channel.

For Senate Committee and Floor Session Video, visit the Senate YouTube Channel.

CONNECT WITH US

Legislative & Budget Update

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LEGISLATIVE UPDATES

While the legislature adjourned one month ago, interim committees, councils, and task forces are meeting. The Senate Ethics Committee, which has been called to address a complaint against Sen. Nicole Mitchell (Woodbury) met briefly on June 12 and took no action against the complaint — they will meet July 25 after Sen. Mitchell has had her first appearance in court on first-degree burglary charges.

 

BUDGET UPDATES

A revenue update from Minnesota Management and Budget found that net general fund revenues in May totaled 16.7% more than forecast. Net general fund revenues totaled $2.1 billion in May, $304 million more than previously expected. Net receipts from all major tax types were above what state economic officials predicted. A more complete report covering April, May and June receipts will be issued in July.

See the report here.

 

LEGISLATIVE AUDIT REPORTS

Over the last week, the Office of the Legislative Auditor released two reports: a performance audit on the Minnesota Frontline Worker Pay Program and a special review on the Minnesota Department of Education’s Oversight of Feeding Our Future.

The 120-page audit report on the Minnesota Department of Education’s (MDE) management of the Feeding Our Future child nutrition program found there was inadequate oversight of the program by MDE, which “created opportunities for fraud.” The report detailed that the department inadequately validated its food program and did not follow up on complaints against it — such as operating sites without property owners’ permissions, running messy and unorganized food-distribution processes, and the lack of organizational structure in the nonprofit. The report also included a list of recommendations which included but were not limited to:

  • The establishment of criteria in statute or giving MDE the authority to conduct rulemaking to establish criteria that the department must consider when determining whether to approve organizations for the Child and Adult Care Food Program (CACFP) or Summer Food Service Program (SFSP).

  • The need for MDE take additional steps to verify information provided in support of sponsorship applications submitted by high-risk applicants.

  • The need for MDE to conduct follow-up reviews, as needed, to ensure sponsors fully implement corrective action plans that result from administrative reviews.

  • The need for MDE to place a greater emphasis on program integrity and risk-based monitoring if oversight requirements are waived again in the future.

  • Prioritizing independent fact-finding in response to complaints.

Read the full report here.

The report on the Minnesota Frontline Worker Pay Program concluded that the Department of Labor and Industry (DLI), did not comply with requirements for the program regarding payments to ineligible individuals and the Department of Revenue did not verify adjusted gross income for all applicants. The $487.45 payout was distributed to about 1 million Minnesotans — 40% of whom did not have their eligibility confirmed (note: according to the State Auditor, this does not mean that 40% were ineligible; the audit just could not confirm their eligibility). The report made a recommendation for the legislature to consider the amount of risk the state is willing to accept when establishing programs quickly and with eligibility conditions that rely on self-attestation. The office also made recommendations for the state to recoup any funds given to people who were not eligible, and/or used the identity of others to apply for funds.

Read the full report here.

 

ELECTION UPDATES

This year, voters will head to the polls to vote for several races, including President, U.S. Senator for Minnesota, all 8 members of Minnesota’s U.S. House of Representatives delegation, and all 134 Minnesota House of Representatives districts. The Minnesota state senate is not up for election this year, but there will be a special election held for senate district 45, with the departure of Senator Kelly Morrison who is running for U.S Congress in the third congressional district and has resigned from the state senate.

Some important election dates to remember:

  • May 15: Applications for absentee ballots opened

  • June 28: Vote by mail or in person begins for the August 13 primary elections

  • August 13: Primary Election Day

  • September 20 through November 5: Vote by mail or in person

  • October 15: Deadline for advanced voter registration

  • November 5: Election Day

For more voting information (such as how to vote, where to vote, and other questions you may have), visit the Secretary of State’s website.

The Ewald Consulting Government Relations team has compiled a list of state representative races, but to find more detailed information in the races up for election you can visit candidate filings list. 

 

HELPFUL RESOURCES

A few helpful links to follow the action at the State Capitol:

To find your legislators, visit Who Represents Me

For updates on activities at the House of Representatives,
visit the House Session Daily website.

For updates on activities at the Senate, visit Senate Media Services.

For House Committee and Floor Session Video,
visit the House of Representatives YouTube Channel.

For Senate Committee and Floor Session Video, visit the Senate YouTube Channel.

CONNECT WITH US

Legislative Session Recap

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Ewald at the Capitol – May 31, 2024

LEGISLATIVE UPDATES

On Monday, May 20, House Speaker Melissa Hortman and Senate President Bobby Joe Champion adjourned the 93rd Legislative session. Like other sessions, this one was full of ups and downs. Despite some believing this session would be easy, it was anything but: from the burglary charges against Senator Nicole Mitchell (DFL-Woodbury) to the tense debates surrounding bills like the Equal Rights Amendment or the sports betting bill, and to the challenges in both the House and Senate during the final moments of floor session when the DFL majority used a procedural motion to end debate to pass their last two bills. This procedural motion, called “moving the previous questions,” led to raucous uproar from the Republican minority in both bodies but allowed the DFL majority to pass a final tax and budget bill. They also attempted to pass a bonding bill, but that bill missed the midnight deadline for passage by one minute in the Senate.

Overall, the legislature passed several bills this session, along with a supplemental budget. However, some high-profile bills did not make the cut.

Bills that passed this session include, but are not limited to:

  • EMS office creation and funds – $24 million in emergency aid will go to Minnesota’s Emergency Medical Services in greater Minnesota and $6 million for a pilot program aimed at improving EMS delivery in Northeastern parts of the state. The Office of Emergency Medical Services will also be established to oversee Minnesota’s EMS network.

  • Uber/Lyft – Perhaps one of the most-covered issues in Minnesota media in recent months, negotiations with the namesake rideshare apps caused a stir. A very late deal made on the evening of May 18 between Gov. Tim Walz, DFL legislative leaders, Minneapolis city leaders and the two rideshare companies was reached. The deal would pay drivers $1.28 per mile and 31 cents per minute — a rate that would increase current pay by 20%.

  • School resource officers – The bill to clarify what tools school resource officers have while working in schools passed early in session.

  • Cannabis provision modifications – Modifications to previous laws regarding “crossfading,” licensure and home growing for medicinal cannabis.

  • “Mommy” social media account profit ban – This law would ban making money off social media accounts that feature children, making Minnesota the first state to do so. For videos with older children, profits from videos would need to be set aside for those children until they reach age 18.

  • Ticket fees – Sharing the same bill number as the hit Taylor Swift album “1989,” Gov. Walz earlier this month signed into law a measure that requires ticket sellers to list the full ticket price, including fees, upfront on their websites (aptly named the “Taylor Swift bill”).

  • Voting Rights Act – In response to certain protections in the federal Voting Rights Act being reduced by court decisions, the provisions in this state act add protections against voter suppression and dilution of minority voters.

  • Food Security – The legislature passed an additional $5 million to address the growing use of food shelves and food banks by Minnesotans.

  • Paid Family and Medical Leave – The legislature passed additional revisions to the PFML program passed last session. The changes will increase the payroll tax rate from 0.7% passed last session to 0.88% in 2026 and to at least 0.93% by 2029 to sustain the program.

  • Minnesota Advisory Council on Infrastructure (MACI) Established – The legislature established the Minnesota Advisory Council on Infrastructure (MACI), which was recommended by the advisory council on infrastructure and patterned after the Michigan Infrastructure Council. The council is expected to assist in infrastructure project coordination across infrastructure sectors and long-term planning using asset management and other tools.

On the flip side, some bills that did not pass for various reasons included:

  • Bonding – Even-numbered years of the legislative session have traditionally been dedicated to passing a capital investment (bonding) bill to fund Minnesota’s infrastructure needs. This year, the legislature failed to pass a bonding bill to fund infrastructure needs. This means that millions of dollars in infrastructure needs for the Public Facilities Authority (PFA) to fund the State Matching Grant to State Revolving Loan Programs, Water Infrastructure Fund (WIF), road construction, and other infrastructure projects will go unfunded. A last-minute $70 million cash bonding bill was hastily passed by the House during the last-minute chaos of session, but the vote in the Senate was not completed before the midnight deadline.

  • Equal Rights Amendment – The bill would have put a constitutional amendment on the 2026 ballot that, if supported by more than 50% of the voters, would have prohibited discrimination based on gender, sex or sexual identity. Both the Senate and the House passed different versions of the ERA, but ran out of time to find agreement.

  • Ranked choice voting – The bill to allow local units of government the option to use ranked choice voting for local elections was brought to the House floor but did not get the required 68 votes, with the total being 66–62.

  • Sports betting – One of the bills that many Minnesotans hoped would pass did not. Despite a deal being worked out on Sunday, it was too late to finalize the agreement and pass it.

  • Full-time legislature: The proposed constitutional amendment to expand the time the legislature meets passed a few committees but did not advance to a final vote.

If you’d like to view these or other bills that went to the governor’s desk for approval, you can follow the Legislation Tracker / Office of Governor Tim Walz and Lt. Governor Peggy Flanagan (mn.gov)

The legislature also passed an overall supplemental budget package that appropriates over $500 million for key areas of the state budget — including education, health and human services, housing, taxes, and transportation. Key components of the supplemental budget passed include:

  • Modifications to childcare tax credits.

  • Property tax forfeiture law policy changes, which are a remedy for the Tyler v. Hennepin County Supreme Court decision.

  • Funding for roads, bridges and other transportation infrastructure needs.

  • Funding to support literacy instruction, increase student attendance and support those entering the teaching profession.

  • Expansion of the Supplemental Nutrition Assistance Program (SNAP) and summer school nutrition programs.

  • Expansion of various health occupation licensing to allow for practice across state lines which increases access to various health services.

  • Additional funding for homeless prevention housing programs.

  • Additional funding for programs and services to support adult and children’s mental health needs and to address substance use disorders.

  • Expansion of caregiver grant programs and services for Minnesotans with disabilities, and the establishment of a Human Services Response Contingency Account.
LEGISLATIVE RETIREMENTS

Over the last several months, several representatives have announced they are not seeking re-election. For an up-to-date list of legislative retirements, please visit the Legislative Reference Library’s list of retirements.
END-OF-SESSION PRESS CONFERENCES

More a partisan spin on the final days of session, you can view the post-session press conferences for the House and Senate Republican and DFL parties.
CANDIDATE FILING INFORMATION

Election season is soon upon us, and candidates have begun filing for office. Most offices, including those at the Federal, State, and County level, are open for filing from May 21 to June 4. Offices in cities or school districts that do not have primaries will begin their filing periods on July 30 and end on August 13.

Those looking to file must submit an Affidavit of Candidacy and submit a filing fee to the appropriate filing officer. To find information or see who has filed for Candidacy, you can visit: Candidate Filings (mn.gov)
HELPFUL RESOURCES

A few helpful links to follow the action at the State Capitol:

To find your legislators, visit Who Represents Me

For bills that have been presented to the Governor for a signature, visit the
Legislation Tracker / Office of Governor Tim Walz and Lt. Governor Peggy Flanagan (mn.gov)

Legislative Updates and more

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LEGISLATIVE UPDATES

With just over a week left in the legislative session, a lot of work remains unfinished. The House and Senate have debated and passed numerous budget and policy bills, and conference committees have been established with members from their respective chambers assigned to hammer out differences between companion bills. Each body must pass identical bills before a final bill can go to the governor for action.

Get more information on these bills, and on conference committee appointments, here: Conference Committees — Minnesota Legislature (mn.gov)

Legislative leaders have publicly stated that their top priority is passing a capital investment package this session. Both the House and Senate continue to advance identical bills that provide a framework for a potential end-of-session deal. The heart of any compromise with the ability to gain a super-majority of votes necessary for passage (three-fifths of the members) in the House and Senate will center around $300 million in funds set aside for local projects.

After the end of this week, the legislature will only have a few days to pass bills. The legislature will reach its 120th legislative day soon — it cannot act on bills on the last day of session, when it will adjourn sine die. If the legislature does not reach 120 legislative days, the legislature is constitutionally required to adjourn Monday, May 20. The governor met with legislative leaders for breakfast last week — indicating a there is a path forward to passing supplemental policy and budget bills and a bonding bill — but it will be difficult as more bipartisan cooperation is needed as the deadline approaches. Legislative leaders have also suggested that we are seeing typical end-of-session activity, where bills tend to pile up at the end. But they expect to finish their work before legislative days run out or they are constitutionally required to adjourn.

It is typical for legislative sessions to be unpredictable. However, the 2024 legislative session has become more unpredictable than usual. Sen. Nicole Mitchell (Woodbury) was arrested and charged with first-degree burglary in late April. While Sen. Mitchell is present and participating in Senate floor votes, Senate DFL leadership relieved her of her committee assignments and barred her from attending caucus meetings. Republican leaders have called on Sen. Mitchell to resign and continue to protest her participation on Senate Floor votes. An ethics complaint was filed and was heard by the Senate Rules and Administration Subcommittee on Ethical Conduct on May 7 (along with a separate ethics complaint for Sen. Glenn Gruenhagen). The committee ended without a ruling on the Sen. Mitchell complaint; instead, a June 12 meeting is scheduled to discuss the complaint further. By then, Sen. Mitchell is set to appear in court on June 10. With a slim 34-33 DFL margin of control in the Senate, the impact of Sen. Mitchell being absent would have surely created uncertainty as to the ability of the Senate to pass supplemental budget bills, controversial policy bills, and a capital investment bill during the remaining days of session.

 

OTHER UPDATES

On Monday, April 29, Gov. Walz tapped Tikki Brown, an assistant commissioner in the Department of Human Services, to be the first commissioner of Minnesota’s new Department of Children, Youth and Families. The department is set to begin on July 1 with Brown leading a team that will complete the transition of programs for caregivers and young children that are currently part of four state agencies: Human Services, Education, Public Safety and Health. Brown expects the full transition to take a year. With over two decades of experience in Human Services, Brown is ready to begin working toward a full transition by 2025.

 

DATES TO REMEMBER

Adjournment: May 20, 2024

 

LEGISLATIVE RETIREMENTS

For an up-to-date list of legislative retirements, please visit the Legislative Reference Library’s list of retirements.

Notable retirements include:

  • Rep. Jamie Becker-Finn, current House Judiciary and Public Safety Chair
  • Rep. Brian Daniels, current minority lead, Children and Families Finance & Policy
  • Rep. Pat Garofalo, current minority lead, House Ways and Means
  • Rep. Matt Grossell
  • Rep. Hodan Hassan, current House Economic Development Finance & Policy Committee Chair
  • Rep. Frank Hornstein, current House Transportation Finance and Policy Committee Chair
  • Rep. Shane Hudella
  • Rep. Deb Kiel, current minority lead, House Human Services Policy
  • Rep. Michael Nelson, current Labor and Industry Finance & Policy Committee Chair
  • Rep. Anne Neu Brindley, current minority lead, Human Services Finance Committee
  • Rep. Jerry Newton, current House Veterans and Military Affairs Finance & Policy Committee Chair
  • Rep. Liz Olson, current House Ways and Means Committee Chair
  • Rep. Gene Pelowski, current Higher Education Chair and most senior House member
  • Rep. John Petersburg, current minority lead, Transportation Finance & Policy Committee
  • Rep. Laurie Pryor, current House Education Policy Committee Chair
  • Rep. Brian Pfarr
  • Rep. Dean Urdahl, current minority lead, House Capital Investment Committee

Two members have left the legislature since the 2023 Legislative Session adjourned in May 2023:

  • Rep. Ruth Richardson (DFL-Mendota Heights) resigned Sept. 1, 2023. This seat was won by Rep. Bianca Virnig (DFL-Eagan), who was seated on Jan. 12, 2024.
  • Former Speaker and House Minority Leader Rep. Kurt Daudt resigned Feb. 11, 2024. This seat was won by Rep. Bryan Lawrence (GOP–Princeton), who was sworn in on April 2, 2024.

Three members are seeking a different office in 2024:

  • Rep. Heather Edelson, current Vice Chair House Ways and Means, is seeking the office of Hennepin County Commissioner for District 6. Edelson recently won the primary for position.
  • Sen. Kelly Morrison, current Assistant Majority Leader, is running for the 3rd U.S. Congressional District. Morrison recently won the DFL endorsement for the district.
  • Rep. Mark Wiens is seeking the office of Washington County Commissioner for District 3.

 

HELPFUL RESOURCES

To find your legislators, visit Who Represents Me

For bills that have been presented to the Governor for a signature, visit the
Legislation Tracker / Office of Governor Tim Walz and Lt. Governor Peggy Flanagan (mn.gov)

For updates on activities at the House of Representatives, visit the
House Session Daily website

For updates on Activities at the Senate, visit Senate Media Services

For House Committee and Floor Session Video, visit the
House of Representatives YouTube Channel

For Senate Committee and Floor Session Video, visit the Senate YouTube Channel

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