SF 3411

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

  1.1                          A bill for an act 
  1.2             relating to tornado and other natural disaster relief; 
  1.3             providing for temporary waivers of certain programs 
  1.4             and other relief; appropriating money; amending 
  1.5             Minnesota Statutes 1997 Supplement, sections 41B.043, 
  1.6             subdivision 2a; 168.16; and 273.124, subdivision 14; 
  1.7             Laws 1997, Second Special Session chapter 2, section 
  1.8             8; proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 12; 41B; and 123. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11  Section 1.  [APPROPRIATIONS.] 
  1.12     The sums in the column under "APPROPRIATIONS" are 
  1.13  appropriated from the general fund to be spent for tornado 
  1.14  relief, as specified in this act, in the area designated under 
  1.15  Presidential Declaration of Major Disaster, DR1212, whether 
  1.16  included in the original declaration or added later by federal 
  1.17  government action.  The appropriations are available until June 
  1.18  30, 1999, unless otherwise specified.  If there is a shortage of 
  1.19  funds in any of the programs under section 2, 3, 4, or 5, unused 
  1.20  funds in any of the other programs under these sections may be 
  1.21  transferred by interagency agreement to cover the shortfall. 
  1.22                              SUMMARY 
  1.23  PUBLIC SAFETY                                    $    8,300,000
  1.24  HOUSING FINANCE AGENCY                                4,000,000
  1.25  TRADE AND ECONOMIC DEVELOPMENT                        5,150,000
  1.26  AGRICULTURE                                           4,000,000
  1.27  REVENUE                                                 500,000
  2.1   HUMAN SERVICES                                          400,000
  2.2   CHILDREN, FAMILIES, AND LEARNING                        250,000
  2.3   MINNESOTA HISTORICAL SOCIETY                          1,000,000
  2.4   FINANCE                                               4,000,000
  2.5   TOTAL                                            $   27,600,000
  2.6                                                    APPROPRIATIONS 
  2.7                                                    $
  2.8   Sec. 2.  PUBLIC SAFETY                                          
  2.9   Subdivision 1.  To the commissioner 
  2.10  of public safety for the purposes of 
  2.11  this section                                          8,300,000
  2.12  Subd. 2.  Disaster Assistance Match                   8,000,000 
  2.13  For the state and local match of public 
  2.14  assistance disaster funds under 
  2.15  Minnesota Statutes, section 12.221.  
  2.16  This appropriation is available to fund 
  2.17  100 percent of the state and local 
  2.18  match obligations projects incurred 
  2.19  through the receipt of federal public 
  2.20  assistance for reported damages, in the 
  2.21  individual assistance program.  This 
  2.22  appropriation is also available to 
  2.23  cover 25 percent of eligible state 
  2.24  agency costs. 
  2.25  Subd. 3.  Complement Increase                           300,000 
  2.26  To increase the complement of the 
  2.27  division of emergency management by 
  2.28  four full-time equivalent professional 
  2.29  positions for the balance of the 
  2.30  biennium.  The authorization for the 
  2.31  increase in complement by four 
  2.32  full-time equivalent professional 
  2.33  positions expires June 30, 1999. 
  2.34  Sec. 3.  HOUSING FINANCE                                       
  2.35  Subdivision 1.  For transfer to the 
  2.36  housing development fund for the 
  2.37  programs specified in this section                    4,000,000
  2.38  Subd. 2.  Affordable Rental
  2.39  Investment Fund                                         500,000
  2.40  For the affordable rental investment 
  2.41  fund under Minnesota Statutes, section 
  2.42  462A.21, subdivision 8b, to be used for 
  2.43  rental housing.  Notwithstanding 
  2.44  Minnesota Statutes, section 462A.21, 
  2.45  subdivision 8b, assistance provided 
  2.46  from this appropriation for the 
  2.47  rehabilitation of existing rental 
  2.48  housing may be in the form of 
  2.49  forgivable loans.  In making forgivable 
  2.50  loans from this appropriation, the 
  2.51  agency shall determine the 
  2.52  circumstances, terms, and conditions 
  2.53  under which all or any portion of the 
  2.54  grant shall be repaid.  This 
  2.55  appropriation is available until 
  3.1   expended. 
  3.2   Subd. 3  Community  
  3.3   Rehabilitation Fund Program                           3,500,000
  3.4   For the community rehabilitation fund 
  3.5   program under Minnesota Statutes, 
  3.6   section 462A.206.  This appropriation 
  3.7   is available until spent. 
  3.8   Subd. 4  Transfers  
  3.9   Money appropriated under this section 
  3.10  may be transferred between the 
  3.11  affordable rental investment fund 
  3.12  account and the community 
  3.13  rehabilitation fund account.  
  3.14  Sec. 4.  TRADE AND ECONOMIC
  3.15  DEVELOPMENT                                                      
  3.16  Subdivision 1.  To the commissioner of 
  3.17  trade and economic development for purposes 
  3.18  of this section                                       5,150,000
  3.19  Subd. 2.  Minnesota Investment Fund                   4,000,000 
  3.20  To the Minnesota investment fund for 
  3.21  grants to local units of government for 
  3.22  locally administered operating loan 
  3.23  programs for businesses directly and 
  3.24  adversely affected by the tornadoes.  
  3.25  Loan criteria and requirements must be 
  3.26  locally established with approval by 
  3.27  the department.  For the purposes of 
  3.28  this appropriation, Minnesota Statutes, 
  3.29  sections 116J.8731, subdivisions 3, 4, 
  3.30  5, and 7, and 116J.991, are waived.  
  3.31  Businesses that receive grants or loans 
  3.32  from this appropriation shall set goals 
  3.33  for jobs retained and wages paid within 
  3.34  the area designated under Presidential 
  3.35  Declaration of Major Disaster, DR1212, 
  3.36  whether included in the original 
  3.37  declaration or added later by federal 
  3.38  government action. 
  3.39  Subd. 3.  Public Infrastructure                       1,000,000 
  3.40  For grants to local units of government 
  3.41  to assist with the cost of repair and 
  3.42  replacement of publicly owned 
  3.43  buildings; storm sewers, wastewater and 
  3.44  municipal utility service; drinking 
  3.45  water systems; and streets, bridges, 
  3.46  and other infrastructure. 
  3.47  Subd. 4.  Technical Assistance                          150,000 
  3.48  For grants to local units of government 
  3.49  for technical assistance for loan 
  3.50  programs. 
  3.51  Sec. 5.  AGRICULTURE                                  4,000,000
  3.52  To the rural finance authority for 
  3.53  department of agriculture loans under 
  3.54  Minnesota Statutes, chapter 41B, to 
  3.55  farmers for repairs to farm buildings 
  3.56  and for working capital operating loans.
  4.1   Sec. 6.  REVENUE                                        500,000
  4.2   To the commissioner of revenue to be 
  4.3   apportioned among the counties within 
  4.4   the area designated under Presidential 
  4.5   Declaration of Major Disaster, DR1212, 
  4.6   whether included in the original 
  4.7   declaration or added later by federal 
  4.8   government action to provide 
  4.9   reimbursement for abatements granted 
  4.10  for taxes payable in 1998 to properties 
  4.11  damaged in the March 29, 1998, 
  4.12  tornadoes.  The apportionment shall be 
  4.13  based upon the amount of 
  4.14  tornado-related market value loss in 
  4.15  each county.  Counties must be 
  4.16  reimbursed only for property taxes that 
  4.17  are actually abated, not to exceed each 
  4.18  county's apportioned amount.  
  4.19  Sec. 7.  HUMAN SERVICES                                400,000
  4.20  For grants to counties and nonprofit 
  4.21  social service agencies for social 
  4.22  services and farm advocacy outreach.  
  4.23  Sec. 8. CHILDREN,    
  4.24  FAMILIES, AND LEARNING                                  250,000
  4.25  For grants to counties for after-school 
  4.26  and expanded day care services. 
  4.27  Sec. 9. MINNESOTA    
  4.28  HISTORICAL SOCIETY                                    1,000,000
  4.29  For historic preservation loans or 
  4.30  grants. 
  4.31  Sec. 10. FINANCE                                      4,000,000
  4.32  A contingency appropriation to the 
  4.33  commissioner of finance for allocations 
  4.34  to programs at the request of the 
  4.35  governor, for unanticipated needs to 
  4.36  aid disaster victims.  Before transfer 
  4.37  of funds to specific programs, the 
  4.38  commissioner must seek a recommendation 
  4.39  on the proposed spending from the 
  4.40  legislative commission on planning and 
  4.41  fiscal policy.  If no recommendation is 
  4.42  received by the commissioner from the 
  4.43  commission within ten days of notice, 
  4.44  the recommendation is considered to be 
  4.45  positive. 
  4.46     Sec. 11.  [TEMPORARY WAIVER OF FEES.] 
  4.47     Notwithstanding any law to the contrary, for fiscal years 
  4.48  1998 and 1999, an agency, with the approval of the governor, may 
  4.49  waive fees that would otherwise be charged for agency services.  
  4.50  The waiver of fees must be confined to geographic areas within 
  4.51  counties included in the area designated under Presidential 
  4.52  Declaration of Major Disaster, DR1212, whether included in the 
  4.53  original declaration or added later by federal government 
  5.1   action, and to the minimum periods of times necessary to deal 
  5.2   with the emergency situation.  The agency must promptly report 
  5.3   the reasons for and the impact of any suspended fees to the 
  5.4   chairs of the legislative committees that oversee the policy and 
  5.5   budgetary affairs of the agency.  This section expires January 
  5.6   15, 1999. 
  5.7      Sec. 12.  [EARLY PAYMENT OF STATE AIDS.] 
  5.8      Notwithstanding Minnesota Statutes, sections 273.1398, 
  5.9   subdivision 6, and 477A.015, the commissioner of revenue, in 
  5.10  consultation with the division of emergency management, shall 
  5.11  make payments of homestead and agricultural credit aid and local 
  5.12  government aid as provided in this section to all qualified 
  5.13  local units of government that the commissioner determines have 
  5.14  suffered financial hardship.  As used in this section, 
  5.15  "qualified local units of government" means counties, home rule 
  5.16  charter or statutory cities, and towns that suffered damage in 
  5.17  the tornadoes and storms of March 29, 1998. 
  5.18     Payment of the homestead and agricultural credit aid and 
  5.19  local government aid that would otherwise have been payable on 
  5.20  July 20, 1998, shall be made as soon as practicable after the 
  5.21  date of final enactment of this act.  
  5.22     Sec. 13.  [TORNADO DAMAGED SCHOOL RECONSTRUCTION.] 
  5.23     In order to expedite school reconstruction of school 
  5.24  buildings destroyed by the tornadoes of March 29, 1998, the 
  5.25  school districts of St. Peter, Comfrey, and Le Center may enter 
  5.26  into construction contracts, including but not limited to 
  5.27  design-build, that the districts determine to be in their best 
  5.28  interests.  Construction of these educational facilities is 
  5.29  emergency construction and not subject to competitive bid 
  5.30  requirements of Minnesota Statutes, sections 123.37 and 471.345, 
  5.31  or other law or charter or the requirements of Minnesota 
  5.32  Statutes, section 16B.335.  The department of children, 
  5.33  families, and learning shall notify the chairs of the senate 
  5.34  finance committees, the house ways and means committee, and the 
  5.35  house capital investment committee that the projects have been 
  5.36  approved under review and comment and necessary contracts have 
  6.1   been executed. 
  6.2      Sec. 14.  [SCHOOL FACILITY STORM DAMAGE RELATED 
  6.3   BETTERMENT.] 
  6.4      The school districts of St. Peter, Comfrey, and Le Center 
  6.5   may make an additional levy for facility betterment under this 
  6.6   section. 
  6.7      The levy must be directly related to the costs of the 
  6.8   betterment of the damaged facility and may only be for costs not 
  6.9   otherwise paid for by insurance or other proceeds.  The total 
  6.10  costs related to the levy may not exceed two percent of a 
  6.11  district's 1995 adjusted net tax capacity.  The project must be 
  6.12  approved under Minnesota Statutes, section 121.15.  The levy may 
  6.13  be spread over more than one year.  The levy is not eligible for 
  6.14  state-aid payments under Minnesota Statutes, section 124.83 or 
  6.15  124.95, or any other aid program.  A district must consult with 
  6.16  and receive approval from the city and county in which its 
  6.17  administrative offices are located prior to making this levy 
  6.18  according to Minnesota Statutes, section 124.239, subdivisions 
  6.19  3, 4, 5, and 6. 
  6.20     Sec. 15.  [SOLID WASTE MANAGEMENT TAX WAIVER.] 
  6.21     Notwithstanding any law to the contrary, the commissioner 
  6.22  of revenue may waive solid waste management taxes under 
  6.23  Minnesota Statutes, chapter 297H, for construction debris 
  6.24  generated from repair and demolition activities in the area 
  6.25  designated under Presidential Declaration of Major Disaster, 
  6.26  DR1212, whether included in the original declaration or added 
  6.27  later by federal government action due to tornado and other 
  6.28  weather damage on March 29, 1998, and disposed of in a waste 
  6.29  management facility designated by the commissioner of the 
  6.30  pollution control agency.  The commissioner of revenue's 
  6.31  authority under this section to waive the taxes expires for 
  6.32  waste transported to the designated facilities after March 31, 
  6.33  1999. 
  6.34     Sec. 16.  [WAITING WEEK WAIVER.] 
  6.35     The waiting week requirement under Minnesota Statutes, 
  6.36  section 268.08, subdivision 1, clause (3), does not apply to 
  7.1   persons who became unemployed and filed an application for 
  7.2   reemployment insurance benefits as a direct result of the March 
  7.3   29, 1998, tornado and resulting storm damage. 
  7.4      Sec. 17.  [WAIVER OF LIMITATION FOR FACILITY CHANGES.] 
  7.5      The limitation under Minnesota Statutes 1996, section 
  7.6   268.362, subdivision 1, paragraph (a), on the type of facilities 
  7.7   which may be rehabilitated, improved, or constructed as part of 
  7.8   a work experience component to provide education and work 
  7.9   experience to targeted youth is waived and shall include 
  7.10  low-income private residences, private businesses, municipal 
  7.11  parks, and other land areas in the area designated under 
  7.12  Presidential Declaration of Major Disaster, DR1212, whether 
  7.13  included in the original declaration or added later by federal 
  7.14  government action. 
  7.15     Sec. 18.  [12.331] [LOCAL ASSISTANCE BETWEEN POLITICAL 
  7.16  SUBDIVISIONS.] 
  7.17     Subdivision 1.  [AUTHORITY BETWEEN POLITICAL SUBDIVISIONS.] 
  7.18  When the public interest requires it because of an emergency, a 
  7.19  political subdivision may request the assistance of another 
  7.20  political subdivision.  Upon receiving such a request, a 
  7.21  political subdivision, called the "sending political 
  7.22  subdivision," may go to the assistance of the requesting 
  7.23  political subdivision, called the "receiving political 
  7.24  subdivision."  The receiving political subdivision may accept 
  7.25  and use the personnel, equipment, and supplies of the sending 
  7.26  political subdivision as agreed upon by both political 
  7.27  subdivisions. 
  7.28     Subd. 2.  [EFFECT.] Unless there is a written agreement 
  7.29  between the political subdivisions establishing the rules for 
  7.30  conducting these activities, the provisions of paragraphs (a) to 
  7.31  (d) shall apply while the political subdivisions are engaged in 
  7.32  the activities described in subdivision 1. 
  7.33     (a) For the purposes of worker's compensation insurance, 
  7.34  the employees, officers, and members of the sending political 
  7.35  subdivision have the same powers, duties, rights, privileges, 
  7.36  and immunities as if they were performing similar services in 
  8.1   the sending political subdivision and are considered to be 
  8.2   acting within the scope of and in the course of their regular 
  8.3   employment, as employees of the sending political subdivision. 
  8.4      (b) For the purposes of chapter 466, the employees and 
  8.5   officers of the sending political subdivision are deemed to be 
  8.6   employees, as defined in section 466.01, subdivision 6, of the 
  8.7   receiving political subdivision. 
  8.8      (c) The sending political subdivision shall be responsible 
  8.9   for any damages to its equipment. 
  8.10     (d) The receiving political subdivision shall reimburse the 
  8.11  sending political subdivision for the supplies used and the 
  8.12  compensation paid to the officers and members of the forces 
  8.13  furnished, during the time when the rendition of aid prevents 
  8.14  them from performing their duties in the sending political 
  8.15  subdivision, and for the actual travel and maintenance expenses 
  8.16  of the officers and members while so engaged.  A claim for loss, 
  8.17  damage, or expense in using equipment or supplies or for 
  8.18  additional expenses incurred in operating or maintaining them 
  8.19  must not be allowed unless within 90 days after the loss, 
  8.20  damage, or expense is sustained or incurred, an itemized notice 
  8.21  of it, verified by an officer or employee of the municipality 
  8.22  having knowledge of the facts, is filed with the clerk of the 
  8.23  receiving political subdivision. 
  8.24     Subd. 3.  [RETROACTIVE EFFECT.] Notwithstanding other laws 
  8.25  this section is effective retroactive to March 29, 1998. 
  8.26     Sec. 19.  [PROPERTY TAX ABATEMENTS; PROPERTY DAMAGED BY 
  8.27  TORNADO.] 
  8.28     Subdivision 1.  [AUTHORIZATION.] Notwithstanding the 
  8.29  requirements of Minnesota Statutes, section 375.192, the county 
  8.30  board of a qualified county may grant abatements of the full 
  8.31  amount of taxes on eligible property for taxes payable in 1998 
  8.32  as provided in this section.  The owner of the property is not 
  8.33  required to apply for the abatement. 
  8.34     Subd. 2.  [DEFINITIONS.] (a) As used in this section, the 
  8.35  terms defined in this subdivision have the meanings given them. 
  8.36     (b) "Qualified county" means any county in the area 
  9.1   designated under Presidential Declaration of Major Disaster, 
  9.2   DR1212, whether included in the original declaration or added 
  9.3   later by federal government action. 
  9.4      (c) "Eligible property" means a parcel of taxable property 
  9.5   located in a qualified county that contains a structure that has 
  9.6   been determined by the assessor to have lost over 50 percent of 
  9.7   its estimated market value due to wind damage.  In the case of 
  9.8   agricultural property, the abatement is limited to the taxes on 
  9.9   the parcel attributable to the value of the house, garage, and 
  9.10  surrounding one acre, if the house has lost over 50 percent of 
  9.11  its estimated market value, and the tax attributable to the 
  9.12  value of any farm buildings and structures that have lost over 
  9.13  50 percent of their estimated market value. 
  9.14     Subd. 3.  [ASSESSORS' DUTIES.] As soon as practicable, 
  9.15  local and county assessors in qualified counties shall notify 
  9.16  the county board and property owners of parcels of eligible 
  9.17  property. 
  9.18     Sec. 20.  [DISASTER AREA; DUE DATE EXTENDED FOR BUSINESS 
  9.19  PROPERTY TAXES.] 
  9.20     (a) Notwithstanding Minnesota Statutes, section 279.01, 
  9.21  subdivision 1, a penalty shall not accrue if (1) because of a 
  9.22  natural disaster, a taxpayer is unable to pay the first half of 
  9.23  the payable 1998 property taxes on class 3a or 3b property, 
  9.24  classified under Minnesota Statutes, section 273.13, subdivision 
  9.25  24, located in an area designated under Presidential Declaration 
  9.26  of Major Disaster, DR1212, whether included in the original 
  9.27  declaration or added later by federal government action and (2) 
  9.28  the taxpayer pays the first half of the payable 1998 taxes by 
  9.29  October 15, 1998. 
  9.30     (b) If the first one-half payment is paid after October 15, 
  9.31  1998, then all penalties that would have occurred on the due 
  9.32  date under Minnesota Statutes, section 279.01, subdivision 1, 
  9.33  shall be charged on the amount of the unpaid tax. 
  9.34     (c) The property taxpayer shall attach to the payment a 
  9.35  statement that the property is located in the disaster area and 
  9.36  qualified for an extension under this section.  
 10.1      Sec. 21.  [1997-1998 AVERAGE DAILY MEMBERSHIP.] 
 10.2      Notwithstanding Minnesota Statutes, section 124.17, the 
 10.3   1997-1998 average daily membership for a school building in the 
 10.4   school districts of St. Peter, Comfrey, and Le Center closed due 
 10.5   to tornado damage for part of the school year and reopened 
 10.6   before the end of the school year shall be the greater of the 
 10.7   amount that would have been computed if the school building had 
 10.8   not reopened or the amount computed using actual data for the 
 10.9   entire school year. 
 10.10     Sec. 22.  [FISCAL YEAR 1999 AND 2000 DECLINING PUPIL UNIT 
 10.11  AID.] 
 10.12     This section applies to the school districts of St. Peter, 
 10.13  Comfrey, and Le Center.  For fiscal year 1999 only, a school 
 10.14  district with one or more school buildings closed during the 
 10.15  1997-1998 school year due to tornado damage is eligible for 
 10.16  declining pupil unit aid equal to the greater of zero or the 
 10.17  product of the general education formula allowance for fiscal 
 10.18  year 1999 times the difference between the district's actual 
 10.19  pupil units for the 1997-1998 school year and the district's 
 10.20  actual pupil units for the 1998-1999 school year. 
 10.21     For fiscal year 2000 only, a school district with one or 
 10.22  more school buildings closed during the 1998-1999 school year 
 10.23  due to tornado damage is eligible for declining pupil unit aid 
 10.24  equal to the greater of zero or the product of the general 
 10.25  education formula allowance for fiscal year 2000 times the 
 10.26  difference between the district's actual pupil units for the 
 10.27  1997-1998 school year and the district's actual pupil units for 
 10.28  the 1999-2000 school year. 
 10.29     Sec. 23.  [SCHOOL DISTRICT AVERAGE DAILY MEMBERSHIP.] 
 10.30     For fiscal year 1999, the commissioner of children, 
 10.31  families, and learning may adjust school district average daily 
 10.32  membership data calculated under Minnesota Statutes, section 
 10.33  124.17, for those school districts whose enrollment is affected 
 10.34  by tornado damage in the spring of 1998 because students have 
 10.35  not yet returned to their resident school districts because 
 10.36  school facilities or homes are not available for occupancy. 
 11.1      Sec. 24.  [TEMPORARY AUTHORITY TO SUSPEND RULES.] 
 11.2      Notwithstanding any law to the contrary, for fiscal years 
 11.3   1998 and 1999, an agency with the approval of the governor, may 
 11.4   temporarily suspend specific agency rules because of the effects 
 11.5   of the March 29, 1998 tornadoes.  The suspension of rules must 
 11.6   be confined to geographic areas affected within counties located 
 11.7   in the area designated under Presidential Declaration of Major 
 11.8   Disaster, DR1212, whether included in the original declaration 
 11.9   or added later by federal government action, and to the minimum 
 11.10  periods of time necessary to deal with the emergency situation.  
 11.11  The agency must promptly report the reasons for and the impact 
 11.12  of any suspended rules to the chairs of the legislative 
 11.13  committees that oversee the policy and budgetary affairs of the 
 11.14  agency and to the chairs of the legislative committees on 
 11.15  governmental operations.  This section expires January 15, 1999. 
 11.16     Sec. 25.  [FEDERAL FUNDS.] 
 11.17     State agencies may apply for any federal funds available 
 11.18  for tornado relief.  Notwithstanding Minnesota Statutes, section 
 11.19  3.3005, the commissioner of finance may submit the request to 
 11.20  receive and spend federal funds to the legislative advisory 
 11.21  commission required under Minnesota Statutes, section 3.3005, 
 11.22  any time after the application is made for those funds.  If a 
 11.23  recommendation is not made within five days, no further review 
 11.24  by the legislative advisory commission is required, and the 
 11.25  commissioner shall approve or disapprove the request.  If a 
 11.26  recommendation is made for further review, the commissioner may 
 11.27  proceed according to Minnesota Statutes, section 3.3005, 
 11.28  subdivision 5.  This section expires January 15, 1999. 
 11.29     Sec. 26.  [WAIVER OF HUMAN SERVICES STATUTES.] 
 11.30     Subdivision 1.  [WAIVER AUTHORIZED.] In response to the 
 11.31  immediate and long-term effects on individuals and public and 
 11.32  private entities because of the March 29, 1998, tornadoes, the 
 11.33  commissioner of human services may waive or grant variances to 
 11.34  provisions in chapters 245A, 252, 256, 256B, 256D, 256E, 256G, 
 11.35  256I, 257, 259, 260, 518, and 626 governing:  the transference 
 11.36  of funds between grant accounts; rate setting or other funding 
 12.1   requirements or limits for specific services; documentation or 
 12.2   reporting requirements; licensing requirements; payments, 
 12.3   including MinnesotaCare premiums; emergency assistance time 
 12.4   limits; general assistance citizenship requirements for student 
 12.5   residents; restrictions on receipt of emergency general 
 12.6   assistance by MFIP-S recipients; and other administrative 
 12.7   procedures as needed to ensure timely and continuous service to 
 12.8   persons receiving or eligible to receive services administered 
 12.9   by the commissioner or by the counties under supervision of the 
 12.10  commissioner.  In granting a waiver or variance, the 
 12.11  commissioner shall consider the impact on the health and safety 
 12.12  of vulnerable persons.  Waivers or variances may be restricted 
 12.13  to specific geographical areas and specific time periods. 
 12.14     Subd. 2.  [NOTICE TO LEGISLATIVE CHAIRS.] The commissioner 
 12.15  shall notify the chairs of the senate health and family security 
 12.16  committee, health and family security budget division, human 
 12.17  resources finance committee, the house health and human services 
 12.18  committee, health and human services finance division, and ways 
 12.19  and means committee ten days prior to the effective date of any 
 12.20  waiver or variance granted under subdivision 1. 
 12.21     Subd. 3.  [APPEALS.] The appeal rights of applicants for, 
 12.22  or recipients of, public assistance or a program of social 
 12.23  services under Minnesota Statutes, section 256.045, are not 
 12.24  affected by this provision.  Counties and other services 
 12.25  providers do not have a right to appeal the commissioner's 
 12.26  decision on whether to waive or grant a variance from a statute 
 12.27  under this provision. 
 12.28     Subd. 4.  [SUMMARY TO LEGISLATIVE CHAIRS.] Expenditures 
 12.29  under the waivers or variances must not exceed the total 
 12.30  appropriation for the commissioner, including any special 
 12.31  appropriations for tornado relief.  The commissioner shall issue 
 12.32  a summary to the chairs of the senate human resources finance 
 12.33  and house ways and means committees by January 15, 1999, 
 12.34  regarding variances and waivers granted under the terms under 
 12.35  this provision. 
 12.36     Subd. 5.  [EXPIRATION.] This section is effective the day 
 13.1   following final enactment and expires February 15, 1999. 
 13.2      Sec. 27.  [DISASTER CLEANUP VEHICLE EXEMPTIONS.] 
 13.3      A commercial motor vehicle that is involved in the cleanup 
 13.4   of or assistance to the victims of the tornado disaster of March 
 13.5   29, 1998, is not subject to enforcement of the following laws or 
 13.6   rules: 
 13.7      (1) federal intra-state transportation under Code of 
 13.8   Federal Regulations, title 49, parts 390 to 399; 
 13.9      (2) intra-state registration under Minnesota Statutes, 
 13.10  sections 168.181 to 168.187 and 169.79; 
 13.11     (3) inspections under Minnesota Statutes, sections 169.781 
 13.12  and 169.782; and 
 13.13     (4) size and weight under Minnesota Statutes, sections 
 13.14  169.80, 169.81, 169.825, and 169.87, and chapters 221 and 296. 
 13.15     Sec. 28.  [CRIME VICTIM REPARATIONS DEADLINES EXTENDED.] 
 13.16     The time limitations in Minnesota Statutes, section 
 13.17  611A.53, subdivision 2, for filing claims for crime victim 
 13.18  reparations are tolled for one year for crime victims who 
 13.19  resided on March 29, 1998, in the geographic areas within 
 13.20  counties included in the area designated under Presidential 
 13.21  Declaration of Major Disaster, DR1212, whether included in the 
 13.22  original declaration or added later by federal government action.
 13.23     Sec. 29.  Minnesota Statutes 1997 Supplement, section 
 13.24  41B.043, subdivision 2a, is amended to read: 
 13.25     Subd. 2a.  [SNOW OR, FLOOD, OR OTHER NATURALLY CAUSED 
 13.26  DAMAGE.] A prospective borrower applying for a loan 
 13.27  participation through an eligible lender may refinance an 
 13.28  existing debt in order to repair or replace farm driveways, 
 13.29  drainage ditches and tile lines, grassed waterways, or 
 13.30  agricultural buildings damaged due to snow or, flooding, or 
 13.31  other weather-related causes. 
 13.32     Sec. 30.  [41B.047] [DISASTER RECOVERY LOAN PROGRAM.] 
 13.33     Subdivision 1.  [ESTABLISHMENT.] The authority shall 
 13.34  establish and implement a disaster recovery loan program to help 
 13.35  farmers clean up, repair, or replace farm structures and septic 
 13.36  and water systems, as well as replacement of seed, other crop 
 14.1   inputs, feed, and livestock. 
 14.2      Subd. 2.  [REVOLVING FUND.] There is established in the 
 14.3   state treasury a disaster recovery revolving fund which is 
 14.4   eligible to receive appropriations.  All repayments of financial 
 14.5   assistance granted under subdivision 1, including principal and 
 14.6   interest, must be deposited into this fund.  Interest earned on 
 14.7   money in the fund accrues to the fund, and money in the fund is 
 14.8   appropriated to the commissioner of agriculture for purposes of 
 14.9   the disaster recovery loan program, including costs incurred by 
 14.10  the authority to establish and administer the program. 
 14.11     Subd. 3.  [ELIGIBILITY.] To be eligible for this program, a 
 14.12  borrower must: 
 14.13     (1) be a resident of this state or a domestic family farm 
 14.14  corporation or family farm partnership as defined in section 
 14.15  500.24, subdivision 2; 
 14.16     (2) certify that the damage or loss was sustained within a 
 14.17  county that was the subject of a state or federal disaster 
 14.18  declaration; 
 14.19     (3) demonstrate an ability to repay the loan; 
 14.20     (4) have a total net worth, including assets and 
 14.21  liabilities of the borrower's spouse and dependents, of less 
 14.22  than $400,000; and 
 14.23     (5) have received at least 50 percent of average annual 
 14.24  gross income from farming for the past three years. 
 14.25     Subd. 4.  [LOANS.] (a) The authority may participate in a 
 14.26  disaster recovery loan with an eligible lender to a farmer who 
 14.27  is eligible under subdivision 3.  Participation is limited to 45 
 14.28  percent of the principal amount of the loan or $50,000, 
 14.29  whichever is less.  The interest rates and repayment terms of 
 14.30  the authority's participation interest may differ from the 
 14.31  interest rates and repayment terms of the lender's retained 
 14.32  portion of the loan, but the authority's interest rate must not 
 14.33  exceed four percent. 
 14.34     (b) Standards for loan amortization shall be set by the 
 14.35  rural finance authority not to exceed ten years. 
 14.36     (c) Loans under this program must not be included in the 
 15.1   lifetime limitation calculated under section 41B.03, subdivision 
 15.2   1. 
 15.3      (d) Security for the disaster recovery loans must be a 
 15.4   personal note executed by the borrower and whatever other 
 15.5   security is required by the eligible lender or the authority. 
 15.6      (e) The authority may impose a reasonable nonrefundable 
 15.7   application fee for a disaster recovery loan.  The authority may 
 15.8   review the fee annually and make adjustments as necessary.  The 
 15.9   application fee is initially $50.  Application fees received by 
 15.10  the authority must be deposited in the disaster recovery 
 15.11  revolving fund. 
 15.12     (f) Disaster recovery loans under this program will be made 
 15.13  using money in the disaster recovery revolving fund established 
 15.14  under subdivision 2. 
 15.15     Sec. 31.  [123.7047] [EARLY CHILDHOOD SCREENING WAIVER.] 
 15.16     The commissioner of children, families, and learning may 
 15.17  waive requirements under sections 123.701 to 123.7045, for early 
 15.18  childhood health and developmental screening for up to nine 
 15.19  months from the date of the disaster for children in areas where 
 15.20  a federal disaster has been declared under United States Code, 
 15.21  title 42, section 5121, et seq., or the governor has exercised 
 15.22  authority under chapter 12.  The commissioner shall notify the 
 15.23  chairs of the senate family and early childhood education budget 
 15.24  division, the senate education finance committee, the house 
 15.25  family and early childhood education finance division, the house 
 15.26  education committee, and the house ways and means committee ten 
 15.27  days before the effective date of any waiver granted under this 
 15.28  section. 
 15.29     Sec. 32.  Minnesota Statutes 1997 Supplement, section 
 15.30  168.16, is amended to read: 
 15.31     168.16 [REFUNDS; APPROPRIATION.] 
 15.32     After the tax upon any motor vehicle shall have been paid 
 15.33  for any year, refund shall be made for errors made in computing 
 15.34  the tax or fees and for the error on the part of an owner who 
 15.35  may in error have registered a motor vehicle that was not 
 15.36  before, nor at the time of registration, nor at any time 
 16.1   thereafter during the current past year, subject to tax in this 
 16.2   state as provided by section 168.012.  Unless otherwise provided 
 16.3   in this chapter, a claim for a refund of an overpayment of 
 16.4   registration tax must be filed within 3-1/2 years from the date 
 16.5   of payment.  The refundment shall be made from any fund in 
 16.6   possession of the registrar and shall be deducted from the 
 16.7   registrar's monthly report to the commissioner of finance.  A 
 16.8   detailed report of the refundment shall accompany the report.  
 16.9   The former owner of a transferred vehicle by an assignment in 
 16.10  writing endorsed upon the registration certificate and delivered 
 16.11  to the registrar within the time provided herein may sell and 
 16.12  assign to the new owner thereof the right to have the tax paid 
 16.13  by the former owner accredited to the owner who duly registers 
 16.14  the vehicle.  Any owner at the time of such occurrence, whose 
 16.15  vehicle is declared by an insurance company to be a total loss 
 16.16  due to flood or tornado damage, permanently destroyed, or sold 
 16.17  to the federal government, the state, or political subdivision 
 16.18  thereof, and any owner who sells a rental motor vehicle and 
 16.19  transfers the license plates issued to that motor vehicle under 
 16.20  section 168.15, subdivision 3, shall upon filing a verified 
 16.21  claim be entitled to a refund of the unused portion of the tax 
 16.22  paid upon the vehicle, computed as follows: 
 16.23     (1) if the vehicle is registered under the calendar year 
 16.24  system of registration, the refund is computed pro rata by the 
 16.25  month, 1/12 of the annual tax paid for each month of the year 
 16.26  remaining after the month in which the plates and certificate 
 16.27  were returned to the registrar; 
 16.28     (2) in the case of a vehicle registered under the monthly 
 16.29  series system of registration, the amount of the refund is equal 
 16.30  to the sum of the amounts of the license fee attributable to 
 16.31  those months remaining in the licensing period after the month 
 16.32  in which the plates and certificate were returned to the 
 16.33  registrar. 
 16.34     There is hereby appropriated to the persons entitled to a 
 16.35  refund, from the fund or account in the state treasury to which 
 16.36  the money was credited, an amount sufficient to make the refund 
 17.1   and payment.  Refunds under this section to licensed motor 
 17.2   vehicle lessors must be made annually in a manner the registrar 
 17.3   determines. 
 17.4      Sec. 33.  Minnesota Statutes 1997 Supplement, section 
 17.5   273.124, subdivision 14, is amended to read: 
 17.6      Subd. 14.  [AGRICULTURAL HOMESTEADS; SPECIAL PROVISIONS.] 
 17.7   (a) Real estate of less than ten acres that is the homestead of 
 17.8   its owner must be classified as class 2a under section 273.13, 
 17.9   subdivision 23, paragraph (a), if:  
 17.10     (1) the parcel on which the house is located is contiguous 
 17.11  on at least two sides to (i) agricultural land, (ii) land owned 
 17.12  or administered by the United States Fish and Wildlife Service, 
 17.13  or (iii) land administered by the department of natural 
 17.14  resources on which in lieu taxes are paid under sections 477A.11 
 17.15  to 477A.14; 
 17.16     (2) its owner also owns a noncontiguous parcel of 
 17.17  agricultural land that is at least 20 acres; 
 17.18     (3) the noncontiguous land is located not farther than two 
 17.19  townships or cities, or a combination of townships or cities 
 17.20  from the homestead; and 
 17.21     (4) the agricultural use value of the noncontiguous land 
 17.22  and farm buildings is equal to at least 50 percent of the market 
 17.23  value of the house, garage, and one acre of land. 
 17.24     Homesteads initially classified as class 2a under the 
 17.25  provisions of this paragraph shall remain classified as class 
 17.26  2a, irrespective of subsequent changes in the use of adjoining 
 17.27  properties, as long as the homestead remains under the same 
 17.28  ownership, the owner owns a noncontiguous parcel of agricultural 
 17.29  land that is at least 20 acres, and the agricultural use value 
 17.30  qualifies under clause (4). 
 17.31     (b) Except as provided in paragraph (d), noncontiguous land 
 17.32  shall be included as part of a homestead under section 273.13, 
 17.33  subdivision 23, paragraph (a), only if the homestead is 
 17.34  classified as class 2a and the detached land is located in the 
 17.35  same township or city, or not farther than two townships or 
 17.36  cities or combination thereof from the homestead.  
 18.1      (c) Agricultural land used for purposes of a homestead and 
 18.2   actively farmed by a person holding a vested remainder interest 
 18.3   in it must be classified as a homestead under section 273.13, 
 18.4   subdivision 23, paragraph (a).  If agricultural land is 
 18.5   classified class 2a, any other dwellings on the land used for 
 18.6   purposes of a homestead by persons holding vested remainder 
 18.7   interests who are actively engaged in farming the property, and 
 18.8   up to one acre of the land surrounding each homestead and 
 18.9   reasonably necessary for the use of the dwelling as a home, must 
 18.10  also be assessed class 2a. 
 18.11     (d) Agricultural land and buildings that were class 2a 
 18.12  homestead property under section 273.13, subdivision 23, 
 18.13  paragraph (a), for the 1997 assessment shall remain classified 
 18.14  as agricultural homesteads for subsequent assessments if:  
 18.15     (1) the property owner abandoned the homestead dwelling 
 18.16  located on the agricultural homestead as a result of the April 
 18.17  1997 floods; 
 18.18     (2) the property is located in the county of Polk, Clay, 
 18.19  Kittson, Marshall, Norman, or Wilkin; 
 18.20     (3) the agricultural land and buildings remain under the 
 18.21  same ownership for the current assessment year as existed for 
 18.22  the 1997 assessment year; 
 18.23     (4) the dwelling occupied by the owner is located in 
 18.24  Minnesota and is within 30 miles of one of the parcels of 
 18.25  agricultural land that is owned by the taxpayer; and 
 18.26     (5) the owner notifies the county assessor that the 
 18.27  relocation was due to the 1997 floods, and the owner furnishes 
 18.28  the assessor any information deemed necessary by the assessor in 
 18.29  verifying the change in homestead dwelling.  For taxes payable 
 18.30  in 1998, the owner must notify the assessor by December 1, 1997. 
 18.31     (e) Agricultural land and buildings that were class 2a 
 18.32  homestead property under section 273.13, subdivision 23, 
 18.33  paragraph (a), for the 1998 assessment shall remain classified 
 18.34  agricultural homesteads for subsequent assessments if: 
 18.35     (1) the property owner abandoned the homestead dwelling 
 18.36  located on the agricultural homestead as a result of damage 
 19.1   caused by a March 29, 1998, tornado; 
 19.2      (2) the property is located in the county of Brown, 
 19.3   LeSueur, Nicollet, or Rice; 
 19.4      (3) the agricultural land and buildings remain under the 
 19.5   same ownership for the current assessment year as existed for 
 19.6   the 1998 assessment year; 
 19.7      (4) the dwelling occupied by the owner is located in this 
 19.8   state and is within 30 miles of one of the parcels of 
 19.9   agricultural land that is owned by the taxpayer; and 
 19.10     (5) the owner notifies the county assessor that the 
 19.11  relocation was due to a March 29, 1998, tornado, and the owner 
 19.12  furnishes the assessor any information deemed necessary by the 
 19.13  assessor in verifying the change in homestead dwelling.  For 
 19.14  taxes payable in 1999, the owner must notify the assessor by 
 19.15  December 1, 1998.  Further notifications to the assessor are not 
 19.16  required if the property continues to meet all the requirements 
 19.17  in this paragraph and any dwellings on the agricultural land 
 19.18  remain uninhabited. 
 19.19     Sec. 34.  Laws 1997, Second Special Session chapter 2, 
 19.20  section 8, is amended to read: 
 19.21  Sec. 8.  STRATEGIC AND LONG-RANGE
 19.22  PLANNING                                                100,000
 19.23  This is a one-time appropriation from 
 19.24  the general fund to develop an 
 19.25  application for federal empowerment 
 19.26  zone and enterprise credits for local 
 19.27  communities and not-for-profit 
 19.28  organizations assist federally 
 19.29  designated disaster areas in developing 
 19.30  long-range strategic planning efforts 
 19.31  and in applying for federal grants to 
 19.32  support local planning and 
 19.33  implementation efforts. 
 19.34     Sec. 35.  [TORNADO DAMAGES; STATE EMPLOYEE VACATION 
 19.35  DONATION.] 
 19.36     Subdivision 1.  [DONATION OF VACATION TIME.] A state 
 19.37  employee may donate up to 40 hours of accrued vacation time, in 
 19.38  addition to that donated under Minnesota Statutes, section 
 19.39  43A.181, in the biennium ending June 30, 1999, to the account 
 19.40  established by subdivision 2.  The employee must notify the 
 19.41  employee's agency head of the amount of accrued vacation time 
 20.1   the employee wishes to donate.  Vacation donations of more than 
 20.2   12 hours require the approval of the agency head.  The agency 
 20.3   head shall determine the monetary value of the donated time, 
 20.4   using the gross salary of the employee making the donation.  The 
 20.5   agency head shall transfer that amount, less deductions for 
 20.6   applicable taxes and retirement contributions, to the account 
 20.7   established by subdivision 2.  A donation of accrued vacation 
 20.8   time is irrevocable once its monetary value has been transferred 
 20.9   to the account. 
 20.10     Subd. 2.  [TORNADO DISASTER BENEFIT ACCOUNT.] The tornado 
 20.11  disaster benefit account, consisting of money transferred under 
 20.12  subdivision 1, is administered by the commissioner of employee 
 20.13  relations.  Money in the account is appropriated to the 
 20.14  commissioner for purposes of this section. 
 20.15     Subd. 3.  [USE OF ACCOUNT ASSETS.] Expenditures from the 
 20.16  account established by subdivision 2 must be used to assist 
 20.17  needy families and individuals affected by the tornadoes 
 20.18  occurring on March 29, 1998.  The commissioner must consult with 
 20.19  charitable organizations and collective bargaining units in 
 20.20  targeting the money appropriately. 
 20.21     Subd. 4.  [RECOVERY LEAVE BANK.] In the biennium ending 
 20.22  June 30, 1999, a state employee may donate up to 12 hours of 
 20.23  accrued vacation time to a recovery leave bank administered by 
 20.24  the commissioner of employee relations.  This donation is in 
 20.25  addition to those permitted in subdivision 1 and Minnesota 
 20.26  Statutes, sections 43A.181 and 43A.1815.  The recovery leave 
 20.27  bank is for the use of state employees who have been adversely 
 20.28  affected by the tornadoes occurring on March 29, 1998.  The 
 20.29  donating employee must notify the employee's agency head of the 
 20.30  amount of accrued vacation time the employee wishes to donate to 
 20.31  the recovery leave bank.  A donation of accrued vacation time is 
 20.32  irrevocable after the donor signs a donation request form.  The 
 20.33  agency head must transfer that vacation time to the recovery 
 20.34  leave bank.  The commissioner must establish procedures for 
 20.35  determining eligibility for receiving the time donated to the 
 20.36  recovery leave bank and other issues related to the 
 21.1   administration of this program.  These procedures must be 
 21.2   established after consulting with the exclusive representatives 
 21.3   of affected employees and are not subject to the provisions of 
 21.4   Minnesota Statutes, chapter 14.  The commissioner must 
 21.5   distribute all hours remaining in the recovery leave bank at the 
 21.6   end of the biennium to the sick leave balances of those 
 21.7   employees eligible to receive donated time under the provisions 
 21.8   of Minnesota Statutes, section 43A.1815. 
 21.9      Sec. 36.  [DELAY OF FINANCIAL REPORT FILING; DISASTER 
 21.10  AREAS.] 
 21.11     For any city or town located in whole or in part within a 
 21.12  county that has been designated by the Federal Emergency 
 21.13  Management Agency as eligible for federal aid due to the 
 21.14  tornadoes of March 29, 1998, the deadline by which financial 
 21.15  reports are required to be filed under Minnesota Statutes, 
 21.16  section 471.697 or 471.698, is extended by 90 days. 
 21.17     Sec. 37.  [VICTIMS OF TORNADO; EXTENSIONS OF TIME RELATING 
 21.18  TO TAXES.] 
 21.19     Subdivision 1.  [INCOME TAX EXTENSION.] The limitations of 
 21.20  time provided by Minnesota Statutes, chapters 289 and 290, 
 21.21  relating to income taxes, and Minnesota Statutes, chapter 271, 
 21.22  relating to the tax court, for filing income tax returns, paying 
 21.23  income taxes, claiming income tax refunds, commencing actions 
 21.24  relating to income taxes, appealing to the tax court from orders 
 21.25  relating to income taxes, and appealing to the supreme court 
 21.26  from decisions of the tax court relating to income taxes are 
 21.27  extended until May 30, 1998, for individuals who are residents 
 21.28  in an area designated by the Federal Emergency Management Agency 
 21.29  pursuant to a disaster declaration issued for the tornadoes of 
 21.30  March 29, 1998. 
 21.31     Subd. 2.  [INTEREST AND PENALTIES.] Interest on income tax 
 21.32  must not be assessed or collected from an individual with 
 21.33  respect to whom, and for the period during which, the 
 21.34  limitations of time are extended as provided in subdivision 1.  
 21.35  A penalty is not assessed or collected from an individual for 
 21.36  failure during that period to perform an act required by the 
 22.1   laws described in subdivision 1. 
 22.2      Subd. 3.  [ABATEMENT.] The commissioner of revenue shall 
 22.3   abate penalties and interest on withholding taxes and 
 22.4   declarations under Minnesota Statutes, section 290.92, and on 
 22.5   sales taxes deposits and returns under Minnesota Statutes, 
 22.6   chapters 289A and 297B, for failure to pay amounts or file 
 22.7   returns due between April 1, 1998, and May 30, 1998, if: 
 22.8      (1) the taxpayer qualifies under subdivision 1; and 
 22.9      (2) the taxpayer files all required returns and 
 22.10  declarations and pays all tax amounts due by May 30, 1998. 
 22.11     Subd. 4.  [APPLICABILITY.] Nothing in this section reduces 
 22.12  the time within which an act is required or permitted under 
 22.13  Minnesota Statutes, chapter 271, 289A, 290, 297A, or 297B. 
 22.14     Sec. 38.  [EFFECTIVE DATE.] 
 22.15     Except as otherwise provided in this act, this act is 
 22.16  effective the day after its final enactment.