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HF 445

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/15/2021 04:24pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 for expenses
incurred in responding to emergencies; requiring model policy on law enforcement
responses to public assemblies; transferring money to SAFE account; appropriating
money; proposing coding for new law in Minnesota Statutes, chapters 299A; 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299A.85] STATE AID FOR EMERGENCIES (SAFE); PUBLIC SAFETY
REIMBURSEMENT FOR EXTRAORDINARY OR UNPLANNED INCIDENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section establishes a state public aid program to provide
cost-sharing assistance through reimbursement to local governments and state agencies
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.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Applicant" means a state, tribal, or local entity that applies for reimbursement under
this section.
new text end

new text begin (c) "Backfill" means personnel costs incurred by a sending jurisdiction related to replacing
personnel who have been sent to the receiving jurisdiction.
new text end

new text begin (d) "Commissioner" means the commissioner of public safety.
new text end

new text begin (e) "Department" means the Department of Public Safety.
new text end

new text begin (f) "Incident period" means the period from the onset of the response to a public safety
event until mutual aid is no longer necessary.
new text end

new text begin (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.
new text end

new text begin (h) "Public safety event" means an unplanned or extraordinary event or series of events:
new text end

new text begin (1)(i) that exhausts available local resources;
new text end

new text begin (ii) where life or property are endangered and local resources are inadequate to handle
the situation;
new text end

new text begin (iii) that requires mutual aid; and
new text end

new text begin (iv) where a state emergency is declared pursuant to section 12.31 or a local emergency
is declared pursuant to section 12.29; or
new text end

new text begin (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.
new text end

new text begin (i) "Receiving jurisdiction" means a state, tribal, or local entity that is requesting resources
to respond to the public safety event.
new text end

new text begin (j) "Sending jurisdiction" means a state, tribal, or local entity that is sending resources
to respond to the public safety event.
new text end

new text begin Subd. 3. new text end

new text begin State Aid For Emergencies (SAFE) account; appropriation. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility criteria; considerations. new text end

new text begin (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:
new text end

new text begin (1) overtime costs;
new text end

new text begin (2) logistical needs, including food and lodging;
new text end

new text begin (3) incidental supplies necessary to aid in the response;
new text end

new text begin (4) backfill personnel costs incurred by a sending jurisdiction;
new text end

new text begin (5) damaged or destroyed equipment costs incurred by a sending jurisdiction;
new text end

new text begin (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;
new text end

new text begin (7) indemnifying a sending jurisdiction, if indemnification is required by law, judicial
order, or agreement between the receiving and sending jurisdictions; and
new text end

new text begin (8) costs incurred in producing an after-action review and report pursuant to subdivision
13.
new text end

new text begin (b) When emergency personnel of another state render aid in Minnesota pursuant to the
orders of the governor of their home state, and upon the request of the governor of Minnesota,
the commissioner may reimburse the other state from the SAFE account for:
new text end

new text begin (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;
new text end

new text begin (2) all payments for death, disability, or injury of those personnel incurred in the course
of rendering that aid; and
new text end

new text begin (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.
new text end

new text begin (c) 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
commissioner 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
commissioner 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.
new text end

new text begin (d) 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.
new text end

new text begin Subd. 5. new text end

new text begin Reimbursement rates. new text end

new text begin To the extent funds are available in the SAFE account,
the commissioner shall authorize reimbursement of eligible costs pursuant to the following
reimbursement rates:
new text end

new text begin (1) receiving jurisdiction applicants shall receive 75 percent of eligible costs submitted
for reimbursement; and
new text end

new text begin (2) sending jurisdiction applicants shall receive 100 percent of eligible costs submitted
for reimbursement.
new text end

new text begin Subd. 6. new text end

new text begin Reimbursement process. new text end

new text begin (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. These application
materials are not subject to the rulemaking requirements under chapter 14.
new text end

new text begin (b) An applicant has 30 days from the end of the incident period to request reimbursement
from the SAFE account. The commissioner may deny a late request. The applicant's request
must include:
new text end

new text begin (1) the cause, location of the public safety event, and incident period;
new text end

new text begin (2) documentation of a local, tribal, county, or state emergency declaration in response
to the public safety event; and
new text end

new text begin (3) a description of eligible expenses incurred by the applicant.
new text end

new text begin (c) An applicant may submit additional supporting documentation for up to 60 days after
the commissioner's acceptance of the initial request for reimbursement.
new text end

new text begin (d) The commissioner 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 commissioner 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 commissioner
receives all requested information.
new text end

new text begin (e) If the commissioner 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 commissioner'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.
new text end

new text begin (f) The commissioner must approve or deny an application within 60 days of receipt of
a complete application or the application is deemed approved. If the commissioner approves
an application or the application is automatically deemed approved after 60 days, the
commissioner must provide written notification to the applicant. If the commissioner denies
an application, the commissioner must provide written notice to the applicant of the denial
and the appeal process.
new text end

new text begin Subd. 7. new text end

new text begin Appeal process. new text end

new text begin (a) An applicant must submit to the commissioner 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.
new text end

new text begin (b) If the commissioner denies an applicant's claim for payment, the applicant has 30
days from receipt of the commissioner's determination to appeal in writing to the
commissioner. The appeal must include the applicant's rationale for reversing the
commissioner's determination. The commissioner has 30 days from receipt of the appeal to
uphold or modify the commissioner'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
commissioner's determination under this section shall be a final decision of the department
for purposes of sections 14.63 to 14.68.
new text end

new text begin Subd. 8. new text end

new text begin Closeout of application. new text end

new text begin The commissioner must close out an applicant's
reimbursement application after all of the following occur:
new text end

new text begin (1) the applicant receives the final amount due;
new text end

new text begin (2) the applicant repays any amount recovered for eligible costs from another source
after receiving payment under this section; and
new text end

new text begin (3) any scheduled audits are complete.
new text end

new text begin Subd. 9. new text end

new text begin Audit. new text end

new text begin (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 commissioner or 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.
new text end

new text begin (b) The commissioner or state auditor may audit all applicant records pertaining to an
application for reimbursement or receipt of payment under this section.
new text end

new text begin Subd. 10. new text end

new text begin Reporting reimbursement payments. new text end

new text begin The commissioner shall post on the
department's website a list of the recipients and amounts of the reimbursement payments
made under this section.
new text end

new text begin Subd. 11. new text end

new text begin Management costs. new text end

new text begin The department may be reimbursed from the SAFE
account an amount of not more than five 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.
new text end

new text begin Subd. 12. new text end

new text begin Funding from other sources; repayment required. new text end

new text begin 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.
new text end

new text begin Subd. 13. new text end

new text begin After-action review required. new text end

new text begin (a) The governing body of a receiving
jurisdiction that receives funds under this section must complete an after-action review that
meets the requirements established in this subdivision. The review must be led by a person
who is not employed by a public safety agency that incurred reimbursable expenses or
participated in the response to the event.
new text end

new text begin (b) The review required under paragraph (a) must be a structured review, including
debriefing persons who responded to the public safety event, that analyzes the response to
the public safety event. The review must address but is not limited to the following topics:
new text end

new text begin (1) the applicant's expectations;
new text end

new text begin (2) a summary of events and the duties performed by those who responded to the public
safety event, including the strategies deployed;
new text end

new text begin (3) the number of citizens and public safety personnel injured or killed in the event and,
to the extent known, the cause of the injuries or deaths;
new text end

new text begin (4) a summary of the damage to property that resulted from the event;
new text end

new text begin (5) an evaluation of the performance of those who responded to the event and the
strategies deployed, including a description of successful facets of the response; and
new text end

new text begin (6) recommendations for improving or strengthening the strategies, policies, rules, and
statutes that were involved in the response to the public safety event.
new text end

new text begin (c) An after-action review report must be submitted to the chair of the Peace Officer
Standards and Training Board's Ensuring Police Excellence and Improving Community
Relations Advisory Council no later than 60 days after an applicant receives reimbursement
under this section. The applicant may withhold or redact any information that would
compromise the safety of public safety officers or compromise future responses to public
safety events.
new text end

new text begin (d) Upon submission of an after-action report that satisfies the requirements of this
subdivision, the commissioner shall reimburse an applicant for the cost of the after-action
review and report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [626.8476] PUBLIC ASSEMBLY RESPONSE; POLICIES REQUIRED;
APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy required. new text end

new text begin By December 15, 2021, the board, in consultation
with the legislative councils of color, the American Civil Liberties Union, community
organizations that lead direct action campaigns, the Minnesota Chiefs of Police Association,
the Minnesota Sheriffs' Association, the Minnesota Police and Peace Officers Association,
and other interested parties, must develop a comprehensive model policy on responding to
public assemblies. The policy must be based on best practices in public gathering
management drawn from both domestic and international sources. The board must distribute
the model policy to all chief law enforcement officers.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin (a) By March 15, 2022, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy that is identical or substantially similar to the board's model policy described in
subdivision 1.
new text end

new text begin (b) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with this subdivision.
new text end

new text begin (c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin Each chief law enforcement officer and peace officer must comply
with the public assembly response policy adopted by the officer's department pursuant to
this section even while working in a joint law enforcement environment or outside of the
officer's primary jurisdiction.
new text end

new text begin Subd. 4. new text end

new text begin Peace officer standards of conduct; public assembly response policy
violations.
new text end

new text begin A peace officer who fails to comply with the officer's department's public
assembly response policy is in violation of the peace officer standards of conduct maintained
by the Peace Officer Standards and Training Board pursuant to section 626.843, subdivision
1, clause (6). The board must revise the peace officer standards of conduct maintained in
rule to incorporate this requirement.
new text end

new text begin Subd. 5. new text end

new text begin Compliance reviews authorized. new text end

new text begin The board has authority to inspect state and
local law enforcement agency policies to ensure compliance with subdivision 2. The board
may conduct this inspection based upon a complaint it receives about a particular agency
or through a random selection process. The board may impose licensing sanctions and seek
injunctive relief under section 214.11 for an agency's failure to comply with subdivision 2.
new text end

Sec. 3. new text beginSTATE AID FOR EMERGENCIES (SAFE) ACCOUNT; TRANSFER.
new text end

new text begin $35,000,000 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end