HF 100

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for emergency 
  1.3             expenditures related to the continuing severe weather 
  1.4             conditions and their aftermath; providing a 
  1.5             contingency appropriation. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [APPROPRIATION FOR 1997 SEVERE WEATHER 
  1.8   AFFECTING PUBLIC SAFETY.] 
  1.9      Subdivision 1.  [SEVERE WEATHER RELIEF.] A special 1997 
  1.10  severe weather contingent appropriation is authorized.  Funding 
  1.11  under this section must be coordinated insofar as possible, and 
  1.12  subject to immediate public safety concerns, with emergency 
  1.13  federal funding for the same or similar purposes.  Some examples 
  1.14  of needs for which funds are available are:  snowplowing for 
  1.15  emergencies because the snowplowing budget or other resources 
  1.16  are depleted; emergencies due to severe weather and its 
  1.17  aftermath, which may include flooding, and which affects or 
  1.18  threatens public safety; and the required match under 1997 
  1.19  federal weather-related disaster declarations.  The division of 
  1.20  emergency management of the department of public safety in 
  1.21  cooperation with the department of transportation shall 
  1.22  establish a formula or criteria for distribution of funds. 
  1.23     Subd. 2.  [ALLOCATION OF FUNDS.] The appropriation in this 
  1.24  act must be distributed as follows: 
  1.25     (a) An amount up to $7,000,000 is first available: 
  2.1      (1) for the state match of federal disaster funds for 1997 
  2.2   snow-related disaster costs according to the formula agreed to 
  2.3   by the state and the federal emergency management agency (FEMA); 
  2.4      (2) to fund what would otherwise be the local government 
  2.5   match for eligible 1997 snow-related disaster costs in the 
  2.6   formula in clause (1); 
  2.7      (3) to fund the ten percent of federal snow-related 
  2.8   disaster costs that are eligible under the formula to determine 
  2.9   federal, state, and local shares; 
  2.10     (b) An amount of $6,000,000 is reserved for assistance 
  2.11  associated with 1997 flooding or related emergencies that affect 
  2.12  public safety; and 
  2.13     (c) An amount of $7,000,000 plus any amount that is not 
  2.14  needed in paragraph (a) shall be distributed according to a 
  2.15  formula that compares snow removal expenditures of local 
  2.16  government units for calendar year 1996 to the average annual 
  2.17  snow removal expenses for calendar years 1993, 1994, and 1995. 
  2.18     Subd. 3.  [1997 FLOOD RELIEF.] If a distribution procedure 
  2.19  is not specified in legislation, the commissioner of public 
  2.20  safety, in consultation with the commissioners of 
  2.21  transportation, natural resources, and the pollution control 
  2.22  agency, shall establish a formula for the distribution of funds 
  2.23  in subdivision 2, paragraph (b).  By June 1, 1997, if the 
  2.24  commissioner of public safety determines that all or any portion 
  2.25  of the funds reserved in subdivision 2, paragraph (b), are not 
  2.26  needed for the purpose specified in that paragraph, those funds 
  2.27  are available for the purpose specified in subdivision 2, 
  2.28  paragraph (c). 
  2.29     Subd. 4.  [DISTRIBUTION OF FUNDS.] The commissioner of 
  2.30  public safety must notify local governments of the availability 
  2.31  of state disaster relief funds and of the information that must 
  2.32  be submitted to obtain funds.  Local government units who wish 
  2.33  to obtain state disaster relief funds must apply to the 
  2.34  commissioner for the funds.  The commissioner may require 
  2.35  documentation of costs reported by local governments. 
  2.36     Sec. 2.  [APPROPRIATION.] 
  3.1      $20,000,000 in fiscal year 1997 is appropriated from the 
  3.2   budget reserve in the general fund to the commissioner of public 
  3.3   safety to be spent as provided in section 1, except that the 
  3.4   commissioner may use necessary funds for administration of this 
  3.5   program. 
  3.6      Sec. 3.  [NO PRECEDENT SET.] 
  3.7      Funding by the state in this act for costs that would 
  3.8   otherwise be a local fiscal responsibility under funding 
  3.9   formulas negotiated by the state with FEMA is not to be 
  3.10  considered a precedent for any future disaster funding.  
  3.11     Sec. 4.  [EFFECTIVE DATE.] 
  3.12     Sections 1, 2, and 3 are effective the day after final 
  3.13  enactment.