SF 744

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to emergencies; providing disaster relief and 
  1.3             other assistance for counties designated a major 
  1.4             disaster area due to the July 25, 2000, tornado; 
  1.5             providing disaster relief and mitigation measures for 
  1.6             a major disaster area due to flooding in 2000; 
  1.7             providing targeted funding for the Minnesota 
  1.8             investment fund; providing emergency energy assistance 
  1.9             for nursing facilities; providing emergency assistance 
  1.10            to reconstruct the Wakota bridge; appropriating money. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13                           TORNADO RELIEF
  1.14     Section 1.  [APPROPRIATIONS; ELIGIBILITY.] 
  1.15     The sums in the column under "APPROPRIATIONS" are 
  1.16  appropriated from the general fund for fiscal year 2001, to be 
  1.17  spent for disaster relief and other assistance, as specified in 
  1.18  this article.  Disaster relief and assistance under this article 
  1.19  are limited to the areas that sustained damage from the tornado 
  1.20  that struck Yellow Medicine and Chippewa counties on July 25, 
  1.21  2000, and were added to the Presidential Declaration of Major 
  1.22  Disaster, DR1333, by amendment number 5 dated July 28, 2000, and 
  1.23  amendment number 6 dated August 14, 2000.  The appropriations 
  1.24  are available until June 30, 2002, unless otherwise specified.  
  1.25  If there is a shortage of money in any of the programs under 
  1.26  sections 2 and 3, unused money in any of the other programs 
  1.27  under those sections may be transferred by interagency agreement 
  1.28  to cover the shortfall. 
  2.1                 Summary by Fund
  2.2   PUBLIC SAFETY                                      $    226,104 
  2.3   TRADE AND ECONOMIC DEVELOPMENT                        1,761,398
  2.4   REVENUE                                                 200,000
  2.5   CHILDREN, FAMILIES, AND LEARNING                        181,720
  2.6   TOTAL                                              $  2,369,222
  2.7                                                    APPROPRIATIONS
  2.8   Sec. 2.  PUBLIC SAFETY 
  2.9   Subdivision 1.  To the commissioner of public  
  2.10  safety for the purposes of this section                 226,104
  2.11  Subd. 2.  Disaster Assistance Match                     206,104 
  2.12  For grants to local units of government 
  2.13  for the applicant's share of federal 
  2.14  disaster assistance funds under 
  2.15  Minnesota Statutes, section 12.221.  
  2.16  The commissioner must award grants 
  2.17  based on the amount of the local share 
  2.18  in the signed grant agreement. 
  2.19  Subd. 3.  Hospital Digital Paging                        20,000
  2.20  For a grant to the Granite Falls 
  2.21  municipal hospital for a digital paging 
  2.22  system.  
  2.23  Sec. 3.  TRADE AND ECONOMIC DEVELOPMENT 
  2.24  Subdivision 1.  To the commissioner of trade 
  2.25  and economic development for purposes of            
  2.26  this section                                          1,761,398
  2.27  Subd. 2.  Project Turnabout                             400,000
  2.28  For a grant to Project Turnabout for 
  2.29  capital expenditures necessitated by 
  2.30  the tornado. 
  2.31  Subd. 3.  Public Infrastructure                       1,305,000 
  2.32  For a grant to the city of Granite 
  2.33  Falls to assist with the cost of damage 
  2.34  assessment, repair, replacement, 
  2.35  extension, or improvement of publicly 
  2.36  owned wastewater and municipal utility 
  2.37  service and drinking water systems. 
  2.38  Subd. 4.  Lost Interest                                 56,398 
  2.39  For grants to local units of government 
  2.40  for the cost of lost interest earnings 
  2.41  to the local units of government.  
  2.42  Sec. 4.  REVENUE                                        200,000 
  2.43  To the commissioner of revenue to be 
  2.44  apportioned among the counties listed 
  2.45  in amendment number 5 and amendment 
  2.46  number 6 to the Presidential 
  2.47  Declaration of Major Disaster, DR1333, 
  2.48  to provide reimbursement for abatements 
  2.49  granted under section 8, for taxes 
  3.1   payable in 2000 and 2001 to properties 
  3.2   damaged from tornadoes on July 25, 
  3.3   2000.  The apportionment must be based 
  3.4   upon the amount of disaster-related 
  3.5   market value loss in each county.  The 
  3.6   counties must be reimbursed only for 
  3.7   property taxes that were actually 
  3.8   abated, not to exceed each county's 
  3.9   apportioned amount. 
  3.10  Sec. 5.  CHILDREN, FAMILIES, AND LEARNING               181,720 
  3.11  For payment of declining pupil unit aid 
  3.12  for independent school district No. 
  3.13  2190, Yellow Medicine East, in fiscal 
  3.14  year 2001 under section 11. 
  3.15     Sec. 6.  [TEMPORARY WAIVER OF FEES.] 
  3.16     Notwithstanding any law to the contrary, for fiscal year 
  3.17  2001, an agency, with the approval of the governor, may waive 
  3.18  fees that would otherwise be charged for agency services.  The 
  3.19  waiver of fees must be confined to geographic areas within 
  3.20  counties eligible for assistance under section 1 and to the 
  3.21  minimum periods of times necessary to deal with the emergency 
  3.22  situation.  The agency must promptly report the reasons for and 
  3.23  the impact of any suspended fees to the chairs of the 
  3.24  legislative committees that oversee the policy and budgetary 
  3.25  affairs of the agency.  
  3.26     Sec. 7.  [SOLID WASTE MANAGEMENT TAX WAIVER.] 
  3.27     Notwithstanding any law to the contrary, the commissioner 
  3.28  of revenue may waive solid waste management taxes under 
  3.29  Minnesota Statutes, chapter 297H, for construction debris 
  3.30  generated from repair and demolition activities in the area 
  3.31  eligible for assistance under section 1 due to tornado and other 
  3.32  weather damage on July 25, 2000, and disposed of in a waste 
  3.33  management facility designated by the commissioner of the 
  3.34  pollution control agency.  The commissioner of revenue's 
  3.35  authority under this section to waive the taxes expires for 
  3.36  waste transported to the designated facilities after July 25, 
  3.37  2001. 
  3.38     Sec. 8.  [PROPERTY TAX ABATEMENTS; PROPERTY DAMAGED BY 
  3.39  TORNADO.] 
  3.40     Subdivision 1.  [AUTHORIZATION.] Notwithstanding the 
  3.41  requirements of Minnesota Statutes, section 375.192, a city 
  4.1   council by resolution may request the county board of a 
  4.2   qualified county to grant abatements on eligible property for 
  4.3   taxes payable in 2000 and 2001 as provided in this section.  The 
  4.4   full amount of taxes payable in 2000 on an eligible property may 
  4.5   be abated.  Up to 50 percent of the taxes payable in 2001 on an 
  4.6   eligible property that does not qualify for reimbursement under 
  4.7   Minnesota Statutes, section 273.123, subdivision 4, may be 
  4.8   abated.  The owner of the eligible property is not required to 
  4.9   apply for the abatement. 
  4.10     Subd. 2.  [DEFINITIONS.] (a) As used in this section, the 
  4.11  terms defined in this subdivision have the meanings given them. 
  4.12     (b) "Qualified county" means any county in the area added 
  4.13  to the Presidential Declaration of Major Disaster, DR1333, by 
  4.14  amendment number 5 dated July 28, 2000, and amendment number 6 
  4.15  dated August 14, 2000. 
  4.16     (c) "Eligible property" means a parcel of taxable property 
  4.17  located in a qualified county that contains a structure that has 
  4.18  been determined by the assessor to have lost over 50 percent of 
  4.19  its estimated market value due to wind damage.  In the case of 
  4.20  agricultural property, the abatement is limited to the taxes on 
  4.21  the parcel attributable to the value of the house, garage, and 
  4.22  surrounding one acre, if the house has lost over 50 percent of 
  4.23  its estimated market value; and the tax attributable to the 
  4.24  value of any farm buildings and structures that have lost over 
  4.25  50 percent of their estimated market value. 
  4.26     Subd. 3.  [ASSESSORS' DUTIES.] As soon as practicable, 
  4.27  local and county assessors in qualified counties shall notify 
  4.28  the county board and property owners of parcels of eligible 
  4.29  property. 
  4.30     Sec. 9.  [VALUATION EXCLUSION FOR IMPROVEMENTS TO CERTAIN 
  4.31  BUSINESS PROPERTY.] 
  4.32     (a) Property classified under Minnesota Statutes, section 
  4.33  273.13, subdivision 24, which is eligible for the preferred 
  4.34  class rate on the market value up to $150,000, shall qualify for 
  4.35  a valuation exclusion for assessment purposes, if all of the 
  4.36  following conditions are met: 
  5.1      (1) the building must be damaged by the tornadoes of July 
  5.2   25, 2000; 
  5.3      (2) the building must be located within an area added to 
  5.4   the Presidential Declaration of Major Disaster, DR1333, by 
  5.5   amendment number 5 dated July 28, 2000, and amendment number 6 
  5.6   dated August 14, 2000, as eligible for federal aid due to the 
  5.7   tornadoes of July 25, 2000; 
  5.8      (3) the total estimated market value of the land and 
  5.9   buildings must be $150,000 or less before the damage caused by 
  5.10  the tornadoes of July 25, 2000; 
  5.11     (4) a building permit must have been issued before the 
  5.12  commencement of the improvement, or if the building is located 
  5.13  in a city or town that does not have a building permit process, 
  5.14  the property owner must notify the assessor before the 
  5.15  commencement of the improvement; 
  5.16     (5) the property, including its improvements, has received 
  5.17  no public assistance, grants, or financing; 
  5.18     (6) the property is not receiving a property tax abatement 
  5.19  under Minnesota Statutes, section 469.1813; and 
  5.20     (7) the improvements are made after July 25, 2000, and 
  5.21  before July 1, 2001. 
  5.22     (b) The assessor shall estimate the market value of the 
  5.23  building in the assessment year immediately following the year 
  5.24  that (1) the building permit was taken out, or (2) the taxpayer 
  5.25  notified the assessor that an improvement was to be made.  If 
  5.26  the estimated market value of the building has increased over 
  5.27  the last year's assessment, the assessor shall note the amount 
  5.28  of the increase on the property's record, and that amount shall 
  5.29  be subtracted from the value of the property in each year for 
  5.30  five years after the improvement has been made, at which time an 
  5.31  amount equal to 20 percent of the excluded value shall be added 
  5.32  back in each of the five subsequent assessment years. 
  5.33     (c) For any property, there can be no more than two 
  5.34  improvements qualifying for exclusion under this subdivision.  
  5.35  The maximum amount of value that can be excluded from any 
  5.36  property under this subdivision is $50,000. 
  6.1      (d) The assessor shall require an application.  
  6.2   Applications must be received before July 1 of any year to be 
  6.3   effective for taxes payable in the following year. 
  6.4      Sec. 10.  [DELAY OF FINANCIAL REPORT FILING; DISASTER 
  6.5   AREAS.] 
  6.6      For any city or town located in whole or in part within a 
  6.7   county that is eligible for assistance under section 1 due to 
  6.8   the tornadoes of July 25, 2000, the deadline by which financial 
  6.9   reports are required to be filed under Minnesota Statutes, 
  6.10  section 471.697 or 471.698, is extended by 90 days. 
  6.11     Sec. 11.  [FISCAL YEARS 2001 TO 2003 DECLINING PUPIL UNIT 
  6.12  AID; YELLOW MEDICINE EAST.] 
  6.13     Subdivision 1.  [FISCAL YEAR 2001.] For fiscal year 2001 
  6.14  only, independent school district No. 2190, Yellow Medicine 
  6.15  East, is eligible for declining pupil unit aid equal to the 
  6.16  product of the general education formula allowance for fiscal 
  6.17  year 2001 times 100 percent of the difference between the 
  6.18  district's adjusted marginal cost pupil units for the 1999-2000 
  6.19  school year and the district's adjusted marginal cost pupil 
  6.20  units for the 2000-2001 school year. 
  6.21     Subd. 2.  [FISCAL YEAR 2002.] For fiscal year 2002 only, 
  6.22  independent school district No. 2190, Yellow Medicine East, is 
  6.23  eligible for declining pupil unit aid equal to the product of 
  6.24  the general education formula allowance for fiscal year 2002 
  6.25  times 75 percent of the difference between the district's 
  6.26  adjusted marginal cost pupil units for the 1999-2000 school year 
  6.27  and the district's adjusted marginal cost pupil units for the 
  6.28  2001-2002 school year. 
  6.29     Subd. 3.  [FISCAL YEAR 2003.] For fiscal year 2003 only, 
  6.30  independent school district No. 2190, Yellow Medicine East, is 
  6.31  eligible for declining pupil unit aid equal to the product of 
  6.32  the general education formula allowance for fiscal year 2003 
  6.33  times 50 percent of the difference between the district's 
  6.34  adjusted marginal cost pupil units for the 1999-2000 school year 
  6.35  and the district's adjusted marginal cost pupil units for the 
  6.36  2002-2003 school year. 
  7.1      Subd. 4.  [PUPIL WEIGHTS.] For purposes of this section, 
  7.2   the marginal cost pupil units for fiscal year 2000 must be 
  7.3   calculated using the pupil weights in effect for the current 
  7.4   year. 
  7.5      Sec. 12.  [EFFECTIVE DATE.] 
  7.6      Except as otherwise provided in this article, this article 
  7.7   is effective the day following its final enactment. 
  7.8                              ARTICLE 2
  7.9                             FLOOD RELIEF
  7.10     Section 1.  [FLOOD RELIEF; APPROPRIATION.] 
  7.11     Subdivision 1.  [ELIGIBILITY.] $6,000,000 is appropriated 
  7.12  from the general fund to be spent for disaster relief and 
  7.13  mitigation, as specified in this section, in the areas within 
  7.14  the city of Eagan designated under the Presidential Declaration 
  7.15  of Major Disaster, DR1333, whether included in the original 
  7.16  declaration or added later by federal government amendment.  The 
  7.17  appropriations are available until June 30, 2002.  If there is a 
  7.18  shortage in any of the programs under subdivisions 2 to 4, 
  7.19  unused money in any of the other programs under subdivisions 2 
  7.20  to 4 may be transferred by interagency agreement to cover the 
  7.21  shortfall. 
  7.22     Subd. 2.  [PUBLIC SAFETY; LOCAL SHARE.] $1,526,000 is 
  7.23  appropriated to the commissioner of public safety for grants to 
  7.24  local applicants for the applicant's share of federal disaster 
  7.25  assistance money under Minnesota Statutes, section 12.221.  The 
  7.26  commissioner must award grants based on the amount of the local 
  7.27  share in the signed grant agreement. 
  7.28     Subd. 3.  [DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT; 
  7.29  PUBLIC INFRASTRUCTURE ASSISTANCE.] $1,500,000 is appropriated to 
  7.30  the commissioner of trade and economic development for grants to 
  7.31  local units of government to assist with public costs that are 
  7.32  not covered by federal disaster programs, including damage 
  7.33  assessment, repair, replacement, or improvement of publicly 
  7.34  owned infrastructure, municipal utilities, parks, storm sewers, 
  7.35  and wastewater treatment facilities. 
  7.36     Subd. 4.  [DEPARTMENT OF NATURAL RESOURCES; FLOOD DAMAGE 
  8.1   REDUCTION.] $2,974,000 is appropriated to the commissioner of 
  8.2   natural resources for grants to local units of government under 
  8.3   Minnesota Statutes, section 103F.161, to assist with the cost of 
  8.4   mitigative storm drainage system improvement and other flood 
  8.5   mitigation measures.  For the purposes of these grants, 
  8.6   Minnesota Statutes, section 103F.161, subdivision 2, is waived. 
  8.7      Sec. 2.  [EFFECTIVE DATE.] 
  8.8      This article is effective the day following final enactment.
  8.9                              ARTICLE 3
  8.10                     MINNESOTA INVESTMENT FUND
  8.11     Section 1.  [MINNESOTA INVESTMENT FUND; APPROPRIATION.] 
  8.12     $15,000,000 is appropriated from the general fund in fiscal 
  8.13  year 2001 to the commissioner of trade and economic development 
  8.14  for the purposes of the Minnesota investment fund program under 
  8.15  Minnesota Statutes, section 116J.8731.  Financial assistance 
  8.16  provided under this section is not subject to Minnesota 
  8.17  Statutes, sections 116J.8731, subdivisions 3, 4, 5, and 7; and 
  8.18  116J.993.  This appropriation must be used for financial 
  8.19  assistance in the area contained in independent school districts 
  8.20  Nos. 696, Ely; 2154, Eveleth-Gilbert; 2711, Mesabi East; and 
  8.21  706, Virginia; and the former independent school districts Nos. 
  8.22  708, Tower-Soudan; and 692, Babbitt-Embarrass.  Up to $5,000,000 
  8.23  may be transferred by the commissioner to the Iron Range 
  8.24  resources and rehabilitation board to be used to establish 
  8.25  reserves for projects financed under Minnesota Statutes, section 
  8.26  298.2211.  This appropriation is available immediately and does 
  8.27  not cancel. 
  8.28     Sec. 2.  [EFFECTIVE DATE.] 
  8.29     Section 1 is effective the day following final enactment. 
  8.30                             ARTICLE 4
  8.31              ENERGY ASSISTANCE FOR NURSING FACILITIES
  8.32     Section 1.  [EMERGENCY ENERGY ASSISTANCE FOR NURSING 
  8.33  FACILITIES.] 
  8.34     Subdivision 1.  [COMMISSIONER.] By February 28, 2001, the 
  8.35  commissioner of human services shall certify the heating fuel 
  8.36  costs for Medicaid-certified nursing facilities for the rate 
  9.1   year ending June 30, 2000.  The commissioner may require 
  9.2   facilities to report on an expedited basis data necessary to 
  9.3   make this certification. 
  9.4      Subd. 2.  [NURSING FACILITY.] By February 28, 2001, each 
  9.5   Medicaid-certified nursing facility shall submit its anticipated 
  9.6   heating fuel costs for the rate year ending June 30, 2001, to 
  9.7   the commissioner. 
  9.8      Subd. 3.  [ENERGY COST.] The commissioner shall calculate 
  9.9   the difference between the anticipated heating fuel costs under 
  9.10  subdivision 2, and the certified heating fuel costs under 
  9.11  subdivision 1. 
  9.12     Subd. 4.  [REIMBURSEMENT.] The commissioner shall reimburse 
  9.13  each Medicaid-certified nursing facility for 97 percent of the 
  9.14  amount calculated under subdivision 3 not to exceed a statewide 
  9.15  medical assistance expenditure total of $31,350,000.  The 
  9.16  reimbursement shall be accomplished by adjusting the operating 
  9.17  cost per diem of facilities reimbursed under Minnesota Statutes, 
  9.18  section 256B.431 or 256B.434, for the rate period from April 1, 
  9.19  2001, to June 30, 2001.  If the appropriation is insufficient, 
  9.20  the commissioner shall proportionately reduce the reimbursement. 
  9.21     Subd. 5.  [PAYMENT ADJUSTMENT.] By January 31, 2002, the 
  9.22  commissioner of human services shall certify the actual heating 
  9.23  fuel costs for Medicaid-certified nursing facilities for the 
  9.24  rate year ending June 30, 2001, and recalculate the 
  9.25  reimbursement amount under subdivision 4 based on actual costs.  
  9.26  The commissioner may require facilities to report data necessary 
  9.27  to make this certification.  The commissioner shall adjust the 
  9.28  operating cost per diem of facilities reimbursed under Minnesota 
  9.29  Statutes, section 256B.431 or 256B.434, for the period from 
  9.30  April 1, 2002, to June 30, 2002, by the amount of the difference 
  9.31  between the estimated calculation and the actual costs. 
  9.32     Sec. 2.  [APPROPRIATION.] 
  9.33     $10,180,000 is appropriated from the general fund to the 
  9.34  commissioner of human services for emergency energy assistance 
  9.35  under section 1.  This appropriation is available until June 30, 
  9.36  2002.  Of this amount, the commissioner of human services may 
 10.1   retain up to $30,000 for the administration of this program. 
 10.2      Sec. 3.  [EFFECTIVE DATE.] 
 10.3      This article is effective the day following final enactment.
 10.4                              ARTICLE 5
 10.5                            WAKOTA BRIDGE
 10.6      Section 1.  [WAKOTA BRIDGE; APPROPRIATION.] 
 10.7      $9,300,000 is appropriated from the general fund to the 
 10.8   commissioner of transportation for a grant to the city of 
 10.9   Newport to match federal high priority transportation project 
 10.10  money and to pay the city's share of right-of-way acquisition, 
 10.11  road construction, and other economic impact costs related to 
 10.12  the Wakota bridge reconstruction project. 
 10.13     Sec. 2.  [EFFECTIVE DATE.] 
 10.14     This article is effective the day following final enactment.