2023 MLC Chair’s Initiative | Food Security: Feeding the Future

The Midwest is known globally as the U.S. region that feeds the world.

But how can state policy serve as a catalyst for farmers to be able to feed their neighbors, especially those individuals living in food-insecure households?

food securityOne part of the answer can be the creation and funding of programs that build stronger links between in-state farmers and food banks.

Michigan has the oldest farm-to-food-bank program in the nation, and states such as Minnesota (Farm to Food Shelf) and Ohio (the Agricultural Clearance Program) have these initiatives as well. Now, as the result of this year’s HB 2879, Illinois is joining these states.

“Establishing this kind of program has been on our radar for many years, and it was a [U.S. Department of Agriculture] grant that allowed us to show that it could work,” explains Steve Ericson, executive director of Feeding Illinois, the state’s association of food banks.

“We created pilot programs and model [agreements] with farmers to start building out those relationships, and that helped us convince the state.”

During the two years of the USDA pilot program, nearly 2.5 million pounds of food were donated by Illinois farmers. Legislators have now appropriated $2 million to expand the reach of the program, which will require a dollar-for-dollar match from food banks. These state dollars will help farmers use the food banks as secondary markets for “excess” or “surplus” products that otherwise would have gone to waste.

“To get more food, we’re going to have to pay something for it,” Ericson says. “We can’t expect farmers just to continually give us everything. We needed to find a way to meet in the middle.”

That “middle” will be reimbursing Illinois farmers for the expense of harvesting, packaging and transporting the food (their picking and pack-out costs).

This kind of “surplus purchasing” is one acquisition model commonly used in farm-to-food-bank programs; another is to negotiate prices and enter into pre-season agreements with participating farmers, according to a University of Illinois study done for Feeding Illinois. Some states, including Iowa, reimburse farmers for their donations to food banks and pantries via a tax credit.

Big funding boost in Michigan

This year, Michigan legislators deepened the state’s commitment to the long-standing Michigan Agricultural Surplus System; the new budget appropriates $12 million for the program, compared to $2 million a year earlier.

Under this program, Michigan’s Food Bank Council uses a state grant to purchase fresh, local produce that is of high quality but “cosmetically challenged” (also sometimes called an “ugly”). The council’s executive director, Phil Knight, says the program also allows for the acquisition of eggs and dairy. The council distributes the purchased products among Michigan’s seven food banks, using a formula based on the number of people living in poverty in each food-bank territory.

Michigan Sen. Roger Victory says another role for states is to invest in infrastructure (cold storage, local processing, etc.). In his home state, for example, state grants are going to build facilities that can store and freeze the fresh fruits and vegetables grown in the spring, summer and fall months, but are needed by local families year-round. In Illinois, this year’s HB 2879 includes grant funding for capital projects that build the capacity to store fresh food and transport it to underserved communities.

Michigan Sen. Roger Victory chose “Food Security: Feeding the Future” as his CSG Midwestern Legislative Conference Chair’s Initiative for 2023. CSG Midwest produced a series of articles, policy research and interstate sessions for legislators in support of this initiative.

 

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Southern Pulse Newsletter, December 2023

It’s a wonder-yule life here at CSG South!  This year has been nothing short of amazing, but we couldn’t do it without the incredible support from each of you.

As we wrap up the busy season, we know another one is on the horizon for our staff and members alike. The ringing of legislative bells is quickly approaching, and the CSG South team is here for you.  We offer specialized policy analysis and leadership and professional development, all wrapped up in state-specific bows.  Please don’t hesitate to contact our office for any extra holiday magic you may need.

On behalf of your CSG South family, have the happiest holidays and a blessed New Year. We can’t wait to see you in 2024!  
 

All the best,
Lindsey G.

Click here to read Southern Pulse- December 2023

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Legislative Tracker: Overview of Laws Passed in Midwest to Address Teacher Shortages (2023)

Across the 11-state Midwest, legislatures considered bills in 2023 that aim to address teacher shortages. The table on this page lists legislation signed into law over the past year. Among the policies being pursued under these new laws:

  • changes to teacher licensure requirements;
  • alternative pathways to licensure;
  • new financial assistance for new and veteran teachers, and;
  • modifications in the requirements for substitute teachers

CSG Midwest is tracking teacher-shortage measures in state legislatures as part of its support of the Midwestern Legislative Conference Education and Workforce Development Committee. It will continue to do so throughout the biennium.

The goal of this tracker is to identify and list all relevant new laws. If you believe a new law from 2023 should be added to this tracker, please contact Derek Cantù, CSG Midwest’s lead staff person for the Midwestern Legislative Conference Education & Workforce Development Committee.

The creation of a legislative tracker for teacher-shortage legislation in 2024 is coming soon.

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Question of the Month | December 2023 | Civil Forfeiture

Over the past decade, every state in this region has changed its laws on civil asset forfeiture, a process that allows for the seizure and permanent taking of property that is related to a criminal offense. In some states, those changes have included adding some kind of criminal-conviction requirement for the property to be subject to forfeiture.

Without such language, the process in most states is unrelated to outcomes in a criminal case. That’s because the property, not an individual, is the subject of the case in a civil proceeding. The standard of proof in these proceedings is lower than “beyond a reasonable doubt,” with one of two standards applied in the Midwestern states: “preponderance of the evidence” or “clear and convincing” (see map).

The addition of a criminal-conviction requirement has been part of a broader trend in legislatures that aim to better protect property owners. In the Midwest, Iowa, Michigan, Minnesota, North Dakota, Ohio and Wisconsin are among the states where such a prerequisite has been added to statute.

However, this criminal-conviction requirement sometimes only applies in certain types of forfeiture actions. For example, one approach is for states to require a criminal conviction only in cases involving property valued at a certain statutorily defined amount: under $5,000 in Iowa (SF 446 of 2017); $50,000 or under in Michigan (SB 2, HB 4001 and HB 4002 of 2019), and under $15,000 in Ohio (this was the amount set under HF 347 in 2017; the threshold changes based on inflation).

The Institute of Justice, which has backed changes to state civil asset forfeiture laws, says these criminal-conviction requirements still leave many property owners vulnerable. First, the institute notes, the burden can be on the owner to take legal action and contest the forfeiture; second, the state requirement often is satisfied by the conviction of any person related to the underlying criminal activity — not necessarily the property owner. As a result, an “innocent owner” still risks having his or property taken.

The criminal-conviction requirement is one example of how legislatures recently have altered the rules of civil asset forfeiture, but kept it as a tool for law enforcement. Other changes have:

  • Raised the standard of proof for property to be subject to forfeiture — Over the past decade, Iowa, Michigan, North Dakota and Ohio are among the states where the standard has been raised to “clear and convincing evidence.”
  • Added protections for “innocent owners” — An innocent owner is a person who did not know of or consent to the illegal activity connected to the property. As part of the civil asset forfeiture process, states provide a mechanism for these “innocent owners” to get back the confiscated property. Legislatures in states such as Iowa and Wisconsin (SB 61 of 2018) now make the government bear the burden of proof, rather than the owner having to prove his or her innocence.

States also have placed new reporting requirements on law enforcement and changed how proceeds from the sale of forfeited property can be used; for example, in Wisconsin, money now goes to the state’s Common School Fund.

Nebraska is one of four U.S. states that has abolished civil asset forfeiture (LB 1106 of 2016).

Question of the Month highlights an inquiry sent to the CSG Midwest Information Help Line, an information-request service for legislators and other state and provincial officials from the region.

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States, provinces in region have new plans to build immigration workforce

For every 100 open jobs in North Dakota, about 27 people are available to fill them.

No other state had a worker shortage as severe as North Dakota’s, according to the U.S. Chamber of Commerce’s analysis of October data on the nation’s labor force.

The legislative response to this persistent workforce challenge has included a lengthy set of initiatives to build North Dakota’s homegrown talent pool and attract workers from other states.

This year, lawmakers added another tool — funding for a new Office of Legal Immigration.

“While we have done good work to promote policies that build up our own pipelines here with North Dakotans and put [individuals] into open positions, our workforce crisis also doesn’t have time to wait just for those solutions to come to fruition,” North Dakota Rep. Zachary Ista said earlier this year on the House floor, pushing for a bill to create the office.

That measure, SB 2142, became law in April.

One month later, legislators in neighboring Minnesota were making permanent an Office of New Americans within that state’s Department of Employment and Economic Development.

These two new state-funded offices in the Midwest go by different names and have been given somewhat different statutory missions.

However, they share at least one common goal: help address the workforce needs of the state and its employers.

Across the border in Canada, meanwhile, a shortage of workers in provinces such as Saskatchewan is causing leaders there to seek more autonomy over immigration policy.

State will help businesses find, retain ‘foreign labor’

North Dakota’s new Office of Legal Immigration is embedded within the state’s Department of Commerce and staffed by two full-time employees (with funding for contract work as well).

Before this kind of designated team was in place, inquiries from businesses about how to obtain immigrant workers or how to navigate federal rules were handled by department staff in an ad hoc fashion.

“It’s a little bit of a phone tree that gets started,” Katie Ralston Howe, the department’s workforce director, said in a legislative committee hearing prior to passage of SB 2142. “It’s not helpful to businesses, and it’s not helpful to us either.”

Although the U.S. Citizenship and Immigration Services does have field offices to answer these questions, Sen. Tim Mathern says local employers don’t always find the assistance they need — not to mention that the closest office is in Minneapolis.

“We have some very large employers who are very astute about [hiring immigrant labor],” explains Mathern, author of SB 2142. “They hire attorneys, they hire other people to work the federal process.

“But small employers do not have that ability. A state office [creates] a focus of expertise that a small, local business could use.”

The initial concept for this office was to address workforce needs in the health care sector. Mathern, who represents parts of the Fargo area, is cognizant of the many African nurses working in the city and even traveled to Nigeria to see firsthand the process it took to immigrate to the United States.

In an effort to get the bill passed, however, the scope of the measure was expanded to include all industry sectors, thus helping secure support from other business groups.

The final version of SB 2142 calls for the new Office of Legal Immigration “to implement a statewide strategy to support businesses in recruiting and retaining foreign labor.” The office is also tasked with helping communities in North Dakota develop immigration integration plans.

Over the next two years, the state will appropriate $485,000 to fund the work of the office and track its progress. By 2025, the legislature wants a fee-based structure in place to help fund the office.

Mathern stresses his motivation for creating such an office was also humanitarian-based, wanting to make it easier for people fleeing oppression and violence to be able to settle in North Dakota for the long term.

“We don’t just want a worker; we want the family, we want their children, we want their descendants,” he says.

Minnesota establishes Office of New Americans

Until legislative action this year, Minnesota’s Office of New Americans (ONA) was only a temporary entity, but as part of this year’s SF 3035, legislators established the office in statute and provided state funding.

“Immigration, in my mind, should be very boring. … It should be, ‘What are the demographic needs and workforce needs?’ ” says Minnesota Rep. Sandra Feist, who also works as an immigration attorney.

“Nonetheless, it’s a very emotional, polarizing topic. Advancing bills that are explicitly about an immigration-related issue can be politically challenging.”

Early in the year, she introduced a stand-alone bill (HF 330) to make the ONA permanent; that measure ultimately got rolled into the omnibus SF 3035.

Under the new law, the office will create a strategy “to foster and promote immigrant and refugee inclusion in Minnesota so as to improve economic mobility, enhance civic participation, and improve receiving communities’ openness to immigrants and refugees.”

According to American Community Survey data, immigrants made up 8.5 percent of Minnesota’s population and 10.8 percent of its workforce in 2021. After Illinois, these are the highest percentages in the Midwest.

Feist describes the workforce-related purpose of the ONA as creating a network among stakeholders to address issues relating to, for example, professional licensure, language barriers, and improving access to economic development grants.

Minnesota’s ONA also will continue collaborating with on-the-ground partners such as the Neighborhood Development Center, a Twin Cities-based operation whose services include entrepreneur training and business incubators, and “ethnic councils” that provide supports for specific demographic groups.

“I want [the ONA] to have this really comprehensive understanding of the collective needs of our immigrant and refugee communities rather than just understanding what are the very specific needs of the Afghan community, or of the Ukrainian community, or the Hmong community,” Feist says.

“What I see this office doing is taking a lot of efforts that are going on at the city level, at the ethnic council level, at the charitable level, and bringing all of those threads together and creating a systematic way forward.”

Saskatchewan seeks more control of process

North of the U.S.-Canada border, provincial leaders are seeking greater autonomy over management of parts of that country’s immigrant system, a change being sought to help them address workforce challenges.

In terms of skilled-worker immigration, there currently are two pathways to obtain permanent resident status in Canada beyond the federal Express Entry route.

One of them is the Provincial Nominee Program (PNP), under which provinces are allotted a certain number of immigrants they can nominate for visas in a single year. In this system, applicants earn points based on their language abilities, previous job experiences, postsecondary education, available finances and other factors.

Qualified nominees with high enough scores are then eligible to have their names selected in draws throughout the year.

Another point of entry is immigrating through Québec, which has a system separate from the PNP and sole responsibility for the selection of “economic immigrants” (those who aren’t refugees or sponsored by a family) destined to that province.

In July 2022, a group of immigration-related ministers from Alberta, Manitoba, Ontario and Saskatchewan sent a letter to Canada’s Minister of Immigration, Refugees and Citizenship seeking changes to the current system.

“Provinces best know the needs of their local economies,” the letter said, noting the challenge of addressing “unprecedented labour shortages.” “We need the flexibility to respond to the rapidly evolving needs of specific areas and communities, with a flexible system that we can adapt to changing economic and humanitarian needs.”

In Saskatchewan, the province’s proposed Immigration Accord, modeled in part after Québec’s existing system, calls for an agreement with the Government of Canada that would allow for a greater number of immigrant nominees. That number would be based on the province’s population as a percentage of the whole country, and allow Saskatchewan to exceed this total by 5 percent “for demographic reasons.”

Also under the proposed accord, Saskatchewan would gain sole authority over the selection of economic immigrants to the province, while still recognizing Canada’s authority to determine foreign admission standards and maintaining a shared commitment to reuniting families and promoting multiculturalism.

Saskatchewan leaders said earlier this year that they were continuing to negotiate with the Canadian government over the proposed accord. They also hailed the federal government’s decision to increase Saskatchewan’s allotment of immigrant nominees via the current PNP. That number will reach 8,500 by 2025, an increase of 42 percent from three years earlier.

“Saskatchewan is seeing record-high population growth numbers, and immigration to the province has played a significant role in that,” Saskatchewan Immigration and Career Training Minister Jeremy Harrison said in March.

More recently, the CBC reported that the province was launching a pilot program that will reserve 10 percent of its PNP nominations for applicants from eight specific countries — seven European states (the Czech Republic, Germany, Ireland, Lithuania, Poland, Slovakia, and Ukraine) and India.

Immigrants from these countries are most likely to retain permanent residency and stay in Saskatchewan over the long term, provincial officials said. Critics argue this policy will diminish the chances of entry for individuals from non-select countries and harkens back to a restrictive, pre-1967 approach to immigration.

New law accelerates credentialing process

Saskatchewan, meanwhile, also has been changing some of its own, province-specific policies.

A workforce development bill passed last year by the Saskatchewan Legislative Assembly (Bill 81) includes provisions to simplify and accelerate the credentialing process for skilled workers relocating to Saskatchewan from other provinces or countries.

By reducing barriers that prevent new arrivals from working in their profession, Government of Saskatchewan officials told CSG Midwest, the province can help “maximize the benefits of immigration.” Part of the province’s new efforts include creation of a Labour Mobility and Fair Registration Practices Office, which officials say “will provide navigation and financial support to newcomers looking to work in regulated occupations.” Additionally, the office will work with professional regulatory bodies “to speed up and streamline foreign qualification recognition pathways.”

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Funding Housing Supports with Medicaid 1115 Waivers

Federal Medicaid funding is available for states to invest in housing supports using 1115 demonstration waivers. Medicaid 1115 Waivers grant states flexibility to design experimental pilot projects if they serve the general objectives of the Medicaid program. Although 1115 waivers may allow the most flexibility over program design, housing supports can be funded through a variety of Medicaid authorities, and states should determine which options best serve their intended outcomes.

  • The Department of Housing and Urban Development advises states to consider the selection of target populations and the scope of housing services that will be provided under a Medicaid benefit.
  • The Centers for Medicare and Medicaid Services (CMS) published guidance on which housing services can be provided under the various programs.

Since 2020, CMS has increased its efforts to address social determinants of health (SDOH) and health-related social needs (HRSN), which includes housing stability. “These needs, when unmet, can drive lapses in coverage and access to care, higher downstream medical costs, worse health outcomes, and perpetuation of health inequities,” according to the agency. CMS also created the Healthy Adult Opportunity (HAO), under authority of section 1115(a)(2), providing states with more flexibility to provide coverage to some populations not otherwise eligible for Medicaid benefits.

Guidance from CMS on “Addressing Health-Related Social Needs in Section 1115 Demonstrations” includes the following list of available services and basic descriptions:

Intervention Description
1. Rent/temporary housing (+/- utilities) for up to 6 months Limited to: individuals transitioning out of institutional care or congregate settings; individuals who are homeless, at risk of homelessness, or transitioning out of an emergency shelter as defined by 24 CFR 91.5; and/or youth transitioning out of the child welfare system
2. Traditional respite services Temporary, short-term relief for primary caregivers provided by an at-home provider, a health care facility, or an adult day center
3. Day habilitation programs & sobering centers For <24 hours, no room and board
4. Pre-tenancy & tenancy sustaining services Including tenant rights education and eviction prevention
5. Housing transition navigation services Including individualized case management
6. One-time transition & moving costs Including security deposit, first month’s rent, utilities activation fees, movers, relocation expenses, application and inspection fees, fees to meet identification requirements, etc.
7. Medically necessary home accessibility modifications & remediation services Including carpet replacement, mold and pest removal, and ventilation improvements
8. Medically necessary home environment modifications As needed for medical treatment and prevention, including air conditioners, heaters, air filtration devices, and generators
Source: https://www.medicaid.gov/sites/default/files/2023-01/addrss-hlth-soc-needs-1115-demo-all-st-call-12062022.pdf

States with Approved 1115 Waivers to Fund Housing Supports

CMS maintains a State Waivers List for approved and pending 1115 waivers, including application and approval documentation, along with other supporting materials. Approvals nationwide can also be found using KFF’s Medicaid Waiver Tracker.

A few states in the Northeast have recently been approved for housing support services:

CSG East 1115 Waivers including housing support
State Waiver Name Approved Housing Support
Massachusetts MassHealth 11/03/2023 (i) Pre-tenancy and tenancy sustaining services, (ii) transition navigation services, (iii) one-time transition and moving costs, (iv) medically necessary environment and accessibility modifications.
New Jersey FamilyCare Comprehensive Demonstration 9/13/2023 (i) Medically necessary environment and accessibility modifications, (ii) pre-tenancy and tenancy sustaining services, (iii) transition navigation.
Vermont Global Commitment to Health 11/21/2023 (i) Pre-tenancy and tenancy sustaining services, (ii) transition navigation, (iii) transition and moving costs, (iv) medically necessary environment and accessibility modifications.

New Provisions for HRSN services

Approvals for Massachusetts and New Jersey allowed both states to fund expanded services for health-related social needs, including housing supports. In each of the approval letters, specific services are described (see p. 118 for MA and p. 85 for NJ). Only specific populations are eligible, and strict protocols must be followed to implement and monitor the program.

Vermont’s Supportive Housing Assistance Pilot

The approval of Vermont’s waiver allowed the state to establish its Supportive Housing Assistance Pilot. The new program will fund assistance with locating and applying for housing, assistance with maintaining benefits, development of living skills, eviction protection services, help with security and utility deposits, and other additional services (see p. 134).

Vermont Legal Aid, a group in support of the program, called upon the legislature to offer perspectives on program design, help to track progress of program implementation, and, if necessary, help to make additional resources available in the program’s initial stages.

Applying for 1115 Waivers

The Centers for Medicare and Medicaid Services provides detailed guidance on the application process, while precise application procedures can be found in Sec. 431.412 of Medicaid’s Review and Approval Process for Section 1115 Demonstrations. In brief, applications must include:

  1. Comprehensive descriptions of the program, goals, and delivery system.
  2. Current enrollment data and projections.
  3. Research hypotheses in support of proposed changes.
  4. Evidence of budget neutrality.
  5. Compliance with public notice requirements.

States may also submit a pre-application concept paper or confer with CMS prior to submitting the application.

For state officials interested in applying for Medicaid 1115 Waivers, the first step is to contact your State Medicaid Agency.