Minnesota Legislature
HF 2267
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 06:07pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/17/2021 |
Current Version - as introduced
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A bill for an act
relating to public safety; establishing State Aid For Emergencies (SAFE) account
and aid program to reimburse local governments and state agencies from other
states for expenses incurred in responding to emergencies; transferring money to
SAFE account; appropriating money; amending Laws 2020, Second Special Session
chapter 1, sections 9; 10; proposing coding for new law in Minnesota Statutes,
chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[299A.85] STATE AID FOR EMERGENCIES (SAFE); PUBLIC SAFETY
REIMBURSEMENT FOR EXTRAORDINARY OR UNPLANNED INCIDENTS.
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new text begin Subdivision 1. new text end
new text begin Purpose. new text end
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This section establishes a state public aid program to provide
cost-sharing assistance through reimbursement to local governments during extraordinary
or unplanned public safety events that exhaust available local resources, including mutual
aid, where a local or state emergency is declared and where the extraordinary expenses are
not covered by other federal and state disaster assistance programs.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the terms in this subdivision have
the meanings given.
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(b) "Applicant" means a Tribal government, a local entity, or a state entity from another
state that applies for reimbursement under this section.
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(c) "Backfill" means personnel costs incurred by a sending jurisdiction related to replacing
personnel who have been sent to the receiving jurisdiction.
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(d) "Commissioner" means the commissioner of public safety.
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(e) "Department" means the Department of Public Safety.
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(f) "Incident period" means the period from the onset of the response to a public safety
event until mutual aid is no longer necessary.
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(g) "Mutual aid" means aid rendered to and at the request of one state, Tribal, or local
entity by another state, Tribal, or local entity.
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(h) "Panel" means the reimbursement panel created in subdivision 5.
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(i) "Public safety event" means an unplanned or extraordinary event or series of events:
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(1)(i) that exhausts available local resources;
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(ii) where life or property are endangered and local resources are inadequate to handle
the situation;
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(iii) that requires mutual aid; and
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(iv) where a state emergency is declared pursuant to section 12.31 or a local emergency
is declared pursuant to section 12.29; or
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(2) where the State Patrol makes a specific request for assistance from a local unit of
government to support the State Patrol at a facility owned by state government, including
but not limited to the State Capitol.
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(j) "Receiving jurisdiction" means a state, Tribal, or local entity that is requesting
resources to respond to the public safety event.
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(k) "Sending jurisdiction" means a state, Tribal, or local entity that is sending resources
to respond to the public safety event.
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new text begin Subd. 3. new text end
new text begin State Aid For Emergencies (SAFE) account; appropriation. new text end
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A State Aid
For Emergencies (SAFE) account is created in the special revenue fund in the state treasury,
consisting of money deposited, donated, allotted, transferred, or otherwise provided to the
account. Money in the SAFE account is annually appropriated to the commissioner to
provide reimbursement and management costs under this section.
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new text begin Subd. 4. new text end
new text begin Eligibility criteria; considerations. new text end
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(a) Costs eligible for reimbursement under
this section are those costs associated with a public safety event incurred during the incident
period. Eligible costs are limited to:
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(1) overtime costs;
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(2) logistical needs, including food and lodging;
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(3) incidental supplies necessary to aid in the response;
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(4) backfill personnel costs incurred by a sending jurisdiction;
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(5) damaged or destroyed equipment costs incurred by a sending jurisdiction;
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(6) costs associated with emergency management, response and recovery planning,
mitigation of public health threats posed by the public safety event, and costs associated
with development of mitigation methods within the affected community; and
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(7) indemnifying a sending jurisdiction, if indemnification is required by law, judicial
order, or agreement between the receiving and sending jurisdictions.
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(b) When emergency personnel of another state render aid in Minnesota pursuant to the
orders of the governor of the personnel's home state, and upon the request of the governor
of Minnesota, the panel may reimburse the other state from the SAFE account for:
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(1) the compensation paid and actual and necessary travel, subsistence, and maintenance
expenses of the personnel of the other state while rendering aid as emergency personnel;
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(2) all payments for death, disability, or injury of those personnel incurred in the course
of rendering that aid; and
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(3) all losses of or damage to supplies and equipment of the other state or a governmental
subdivision of the other state resulting from the rendering of aid provided that the laws of
the other state contain provisions substantially similar to this section.
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(c) Minnesota state agencies are ineligible for reimbursement.
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(d) If the receiving jurisdiction refused either the commissioner's request to observe the
public safety event response or the commissioner's offer of advice and counsel, the panel
may deny the applicant's request for reimbursement. A receiving jurisdiction is not obligated
to follow or implement the commissioner's advice or counsel. The panel may not deny a
receiving jurisdiction's application for reimbursement because the receiving jurisdiction did
not follow or implement the commissioner's advice or counsel.
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(e) Notwithstanding section 466.01, subdivision 6, unless there is a written agreement
to the contrary, emergency response personnel retain their employment status with their
sending jurisdiction and have the same powers, duties, rights, privileges, and immunities
as if they were performing like service in the sending jurisdiction.
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new text begin Subd. 5. new text end
new text begin Reimbursement panel. new text end
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(a) A reimbursement panel is established to evaluate
and make binding recommendations on reimbursement requests from the SAFE account.
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(b) The panel shall consist of the commissioner, two sheriffs selected by the 87 sheriffs
through a process created by the Minnesota Sheriffs' Association, and two police chiefs
selected by the Minnesota Chiefs of Police Association. Members appointed to the panel
must represent the geographic and population diversity among the state. Of the sheriffs
appointed to the panel, no more than one shall serve a county with a population greater than
500,000. Of the chiefs of police appointed to the panel, no more than one shall serve a city
with a population greater than 50,000.
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new text begin Subd. 6. new text end
new text begin Reimbursement rates. new text end
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To the extent funds are available in the SAFE account,
the panel shall authorize reimbursement of eligible costs pursuant to the following
reimbursement rates:
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(1) receiving jurisdiction applicants shall receive 75 percent of eligible costs submitted
for reimbursement; and
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(2) sending jurisdiction applicants shall receive 100 percent of eligible costs submitted
for reimbursement.
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new text begin Subd. 7. new text end
new text begin Reimbursement process. new text end
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(a) The commissioner must develop application
materials for reimbursement and may update the materials as needed. Application materials
must include instructions and requirements for assistance under this section. Application
materials are not subject to the rulemaking requirements under chapter 14.
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(b) An applicant has 90 days from the end of the incident period to request reimbursement
from the SAFE account. The panel may deny a late request. The applicant's request must
include:
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(1) the cause, location of the public safety event, and incident period;
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(2) documentation of a local, Tribal, county, or state emergency declaration in response
to the public safety event; and
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(3) a description of eligible expenses incurred by the applicant.
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(c) An applicant may submit additional supporting documentation for up to 60 days after
the panel's acceptance of the initial request for reimbursement.
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(d) The panel shall review the application and supporting documentation for completeness
and may return the application with a request for more detailed information or correction
of deficiencies. The panel may consult with appropriate governmental officials to ensure
the application reflects the extent and magnitude of the public safety event and to reconcile
any differences. The application is not complete until the panel receives all requested
information.
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(e) If the panel returns an application with a request for more detailed information or
for correction of deficiencies, the applicant must resubmit the application with all required
information within 30 days of the applicant's receipt of the panel's request. The applicant's
failure to provide the requested information in a timely manner without a reasonable
explanation may be cause for denial of the application.
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(f) The panel must approve or deny an application within 60 days of receipt of a complete
application or the application is deemed approved. If the panel approves an application or
the application is automatically deemed approved after 60 days, the panel must provide
written notification to the applicant. If the panel denies an application, the panel must provide
written notice to the applicant of the denial and the appeal process.
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new text begin Subd. 8. new text end
new text begin Appeal process. new text end
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(a) An applicant must submit to the panel completed claims
for payment of actual and eligible costs on forms provided by the commissioner. All eligible
costs claimed for payment must be documented and consistent with the eligibility provisions
of this section.
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(b) If the panel denies an applicant's claim for payment, the applicant has 30 days from
receipt of the panel's determination to appeal in writing to the panel. The appeal must include
the applicant's rationale for reversing the panel's determination. The panel has 30 days from
receipt of the appeal to uphold or modify the panel's determination and formally respond
to the applicant. If no written request for appeal is received, the determination is final. The
applicant is entitled to judicial review under sections 14.63 to 14.68 in the same manner
that a person aggrieved by a final decision in a contested case is entitled to judicial review.
The panel's determination under this section shall be a final decision of the department for
purposes of sections 14.63 to 14.68.
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new text begin Subd. 9. new text end
new text begin Closeout of application. new text end
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The panel must close out an applicant's reimbursement
application after all of the following occur:
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(1) the applicant receives the final amount due;
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(2) the applicant repays any amount recovered for eligible costs from another source
after receiving payment under this section; and
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(3) any scheduled audits are complete.
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new text begin Subd. 10. new text end
new text begin Audit. new text end
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(a) An applicant must account for all funds received under this section
in conformance with generally accepted accounting principles and practices. The applicant
must maintain detailed records of expenditures to show that grants received under this
section were used for the purpose for which the payment was made. The applicant must
maintain records for five years and make the records available for inspection and audit by
the state auditor. The applicant must keep all financial records for five years after the final
payment, including but not limited to all invoices and canceled checks or bank statements
that support all eligible costs claimed by the applicant.
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(b) The state auditor may audit all applicant records pertaining to an application for
reimbursement or receipt of payment under this section.
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new text begin Subd. 11. new text end
new text begin Reporting reimbursement payments. new text end
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The commissioner shall post on the
department's website and provide to the chairs and ranking minority members of the
legislative policy and budget committees with jurisdiction over public safety finance and
emergency response funding a list of the recipients, a description of the public safety event,
and amounts of the reimbursement payments.
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new text begin Subd. 12. new text end
new text begin Management costs. new text end
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The department may be reimbursed from the SAFE
account an amount of not more than 2.5 percent of the grant values as management costs.
Management costs include indirect costs, direct administrative costs, and other administrative
expenses associated with the public safety event.
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new text begin Subd. 13. new text end
new text begin Funding from other sources; repayment required. new text end
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If an applicant recovers
eligible costs from another source after receiving payment under this section, the applicant
must pay the department within 30 days an amount equal to the corresponding state funds
received. The commissioner must deposit any repayment into the SAFE account.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Laws 2020, Second Special Session chapter 1, section 9, the effective date, is
amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin Marchdeleted text end new text begin Septembernew text end 1, 2021.
new text begin EFFECTIVE DATE. new text end
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This section is effective retroactively from February 28, 2021.
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Sec. 3.
Laws 2020, Second Special Session chapter 1, section 10, the effective date, is
amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin Marchdeleted text end new text begin Septembernew text end 1, 2021.
new text begin EFFECTIVE DATE. new text end
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This section is effective retroactively from February 28, 2021.
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Sec. 4. new text begin PEACE OFFICERS; DECLARATION OF POLICY.
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It shall be the policy of the state of Minnesota to support front line workers, first
responders, and peace officers and recognize their crucial role in ensuring public health and
protecting our citizens, the rule of law, and the Minnesota and United States Constitutions.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 5. new text begin STATE AID FOR EMERGENCIES (SAFE) ACCOUNT; TRANSFER.
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$35,000,000 in fiscal year 2021 is transferred from the general fund to the State Aid For
Emergencies (SAFE) account in the special revenue fund created in Minnesota Statutes,
section 299A.85.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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