SF 1354

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/12/2021 02:27pm

A bill for an act
relating to public safety; establishing a law enforcement operations account and
aid program to reimburse local governments for expenses incurred in responding
to unplanned or extraordinary public safety events; delaying the effective date for
enacted changes related to police use of deadly force; restricting the definition of
state-declared disasters to exclude civil disorder; transferring money; appropriating
money; amending Minnesota Statutes 2020, section 12B.15, subdivision 5; 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.

Minnesota Statutes 2020, section 12B.15, subdivision 5, is amended to read:

Subd. 5.

Disaster.

"Disaster" means any catastrophe, including but not limited to a
tornado, storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire, flood, or
explosion. new text begin A disaster does not include a catastrophe caused by civil disorder, as defined in
section 609.669, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2020.
new text end

Sec. 2.

new text begin [299A.85] LAW ENFORCEMENT OPERATIONS ACCOUNT; 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 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 tribal or local entity located within Minnesota or a state, tribal,
or local entity located outside of Minnesota 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) "Reimbursement panel" means the panel of sheriffs created under subdivision 5.
new text end

new text begin (k) "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 Law enforcement operations account; appropriation. new text end

new text begin A law enforcement
operations 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 law enforcement operations account is appropriated to the commissioner to provide
reimbursement and management costs under this section. Money appropriated under this
subdivision may be spent only for a reimbursement recommended by the reimbursement
panel and for the expenses authorized under subdivision 12.
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; and
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.
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 reimbursement panel may approve reimbursement to reimburse the other state from the
law enforcement operations 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
reimbursement 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 reimbursement 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.
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 panel. new text end

new text begin (a) A reimbursement panel is established to evaluate
and make binding recommendations on reimbursement requests from the law enforcement
operations account.
new text end

new text begin (b) The panel shall consist of the commissioner of public safety, two sheriffs and one
alternate sheriff selected by the 87 sheriffs through a process created by the Minnesota
Sheriffs' Association, and two police chiefs and one alternate police chief selected by the
Minnesota Chiefs of Police Association. The selected sheriffs and police chiefs must represent
the geographic and population diversity among the state's counties, but no more than one
sheriff shall serve a county with a population greater than 500,000 and no more than one
police chief shall serve a city with a population greater than 50,000.
new text end

new text begin (c) A reimbursement panel member may not participate in deliberations regarding
potential reimbursements to the agency the member represents. In this event, the alternate
for the member shall assume the member's duties.
new text end

new text begin Subd. 6. new text end

new text begin Reimbursement rates. new text end

new text begin To the extent funds are available in the law enforcement
operations account, the reimbursement panel 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. 7. 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 90 days from the end of the incident period to request reimbursement
from the law enforcement operations account. The reimbursement panel 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 reimbursement panel's acceptance of the initial request for reimbursement.
new text end

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

new text begin (e) If the reimbursement 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 reimbursement
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.
new text end

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

new text begin Subd. 8. new text end

new text begin Appeal process. new text end

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

new text begin (b) If the reimbursement panel denies an applicant's claim for payment, the applicant
has 30 days from receipt of the reimbursement panel's determination to appeal in writing
to the reimbursement panel. The appeal must include the applicant's rationale for reversing
the reimbursement panel's determination. The reimbursement panel has 30 days from receipt
of the appeal to uphold or modify the reimbursement panel's determination and formally
respond to the applicant. If no written request for appeal is received, the determination is
final. If the applicant's appeal to the reimbursement panel is denied, the applicant may appeal
the decision to the Legislative Coordinating Commission.
new text end

new text begin Subd. 9. new text end

new text begin Closeout of application. new text end

new text begin The reimbursement panel 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. 10. 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 reimbursement panel 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 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. 11. 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. 12. new text end

new text begin Management costs. new text end

new text begin The department may be reimbursed from the law
enforcement operations 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.
new text end

new text begin Subd. 13. 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 law enforcement operations
account.
new text end

new text begin EFFECTIVE DATE; EXPIRATION. new text end

new text begin This section is effective the day following final
enactment and expires on June 30, 2023.
new text end

Sec. 3.

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 March deleted text end new text begin September new text end 1, 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2021.
new text end

Sec. 4.

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 March deleted text end new text begin September new text end 1, 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2021.
new text end

Sec. 5. new text begin LAW ENFORCEMENT OPERATIONS ACCOUNT; TRANSFER.
new text end

new text begin $20,000,000 in fiscal year 2021 is transferred from the general fund to the law
enforcement operations account in the special revenue fund created in Minnesota Statutes,
section 299A.85. This is a onetime transfer. The money in the law enforcement operations
account is available until June 30, 2023. Any money not used by June 30, 2023, is canceled
to the general fund.
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