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HF 3273

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 03:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/24/2014
1st Engrossment Posted on 03/27/2014

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; making supplemental appropriations for public safety
and corrections; modifying certain statutory provisions related to victims of
domestic violence and sentencing for criminal sexual conduct in the fifth
degree; continuing the Fire Service Advisory Committee; providing for disaster
assistance for public entities when federal aid is granted and when federal
aid is absent; amending Minnesota Statutes 2012, sections 12.03, by adding
subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision
2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.84,
subdivisions 5, 6; 16A.28, by adding a subdivision; 243.167, subdivision 1;
299F.012, subdivisions 1, 2; 609.135, subdivision 2; 609.3451, subdivision 3;
611A.06, by adding a subdivision; Laws 2009, chapter 83, article 1, section 10,
subdivision 7; Laws 2013, chapter 86, article 1, section 13; proposing coding for
new law as Minnesota Statutes, chapter 12B.

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

ARTICLE 1

PUBLIC SAFETY AND CORRECTIONS APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2014
new text end
new text begin 2015
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 36,475,000
new text end
new text begin $
new text end
new text begin 36,496,000
new text end
new text begin State Government Special
Revenue
new text end
new text begin 6,359,000
new text end
new text begin 6,865,000
new text end
new text begin 13,224,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 6,359,000
new text end
new text begin $
new text end
new text begin 43,361,000
new text end
new text begin $
new text end
new text begin 49,720,000
new text end

Sec. 2. new text beginAPPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2013, chapter 86, article 1, to the agencies and for the purposes
specified in this article. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2014"
and "2015" used in this article mean that the addition to the appropriation listed under
them is available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
Supplemental appropriations for the fiscal year ending June 30, 2014, are effective the
day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2014
new text end
new text begin 2015
new text end

Sec. 3. new text beginDEPARTMENT OF PUBLIC SAFETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 6,359,000
new text end
new text begin $
new text end
new text begin 13,176,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 6,311,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 6,359,000
new text end
new text begin 6,865,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Emergency Communication Networks
new text end

new text begin 5,059,000
new text end
new text begin 6,865,000
new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin Subd. 3. new text end

new text begin Office of Justice Programs
new text end

new text begin -0-
new text end
new text begin 650,000
new text end

new text begin (a) $300,000 in 2015 is for grants to
fund emergency shelter, housing, or
advocacy services targeted to culturally
specific programming for newer immigrant
populations. The funds must be awarded
to a program or programs that demonstrate
leadership in the community to be served.
This appropriation is added to the base.
new text end

new text begin (b) $300,000 in 2015 is for grants to sexual
assault advocacy programs for sexual
violence community prevention networks.
For purposes of this section, "sexual
assault" means a violation of Minnesota
Statutes, sections 609.342 to 609.3453. This
appropriation is added to the base.
new text end

new text begin (c) $50,000 in 2015 is for training state
and local community safety personnel in
the use of crisis de-escalation techniques
for use with Minnesota veterans following
their return from active military service in
a combat zone. The commissioner must
consult with the director of the Minnesota
Peace Officer Standards and Training Board,
and may consult with any other state or local
governmental official or nongovernmental
authority the commissioner determines
to be relevant, to include postsecondary
institutions, when selecting a service provider
for this training. Among any other criteria
the commissioner may establish for the
selection, the training provider must have a
demonstrated understanding of the transitions
and challenges that veterans may experience
during their re-entry into society following
combat service. The commissioner must
ensure that training opportunities provided
are reasonably distributed statewide. This is
a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Emergency Management
new text end

new text begin 0
new text end
new text begin 5,661,000
new text end

new text begin $5,661,000 in 2015 is for the disaster
assistance contingency account in Minnesota
Statutes, section 12.221. These funds are
available until spent.
new text end

new text begin Subd. 5. new text end

new text begin Fire Safety Account
new text end

new text begin 1,300,000
new text end
new text begin 0
new text end

new text begin $1,300,000 in 2014 is appropriated from the
fire safety account in the special revenue
fund to the commissioner of public safety
for activities and programs under Minnesota
Statutes, section 299F.012. This is a onetime
appropriation. By January 15, 2015, the
commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over the fire
safety account regarding the balances and
uses of the account.
new text end

Sec. 4. new text beginCORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 30,164,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Correctional Institutions
new text end

new text begin -0-
new text end
new text begin 27,321,000
new text end

new text begin This includes a onetime appropriation of
$11,089,000.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin -0-
new text end
new text begin 1,900,000
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin -0-
new text end
new text begin 900,000
new text end

Sec. 5.

Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:


Subd. 7.

Emergency Communication Networks

66,470,000
70,233,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

(a) Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.

(b) Medical Resource Communication
Centers.
$683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

(c) ARMER Debt Service. $17,557,000 the
first year and $23,261,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.

Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8, or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.

(d) Metropolitan Council Debt Service.
$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.

(e) ARMER State Backbone Operating
Costs.
$5,060,000 each year is to the
commissioner of transportation for costs
of maintaining and operating the statewide
radio system backbone.

(f) ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board for
costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide enhancement of public
safety communication interoperability.

(g) Next Generation 911. $3,431,000 the
first year and $6,490,000 the second year
are to replace the current system with the
Next Generation Internet Protocol (IP) based
network. new text beginThis appropriation is available until
expended.
new text endThe base level of funding for
fiscal year 2012 shall be $2,965,000.

(h) Grants to Local Government.
$5,000,000 the first year is for grants to
local units of government to assist with
the transition to the ARMER system. This
appropriation is available until June 30, 2012.

Sec. 6.

Laws 2013, chapter 86, article 1, section 13, is amended to read:


Sec. 13. PEACE OFFICER STANDARDS
AND TRAINING (POST) BOARD

$
3,870,000
$
3,870,000

(a) Excess Amounts Transferred

This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,870,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,870,000 must
be transferred and credited to the general
fund.

(b) Peace Officer Training
Reimbursements

$2,734,000 each year is for reimbursements
to local governments for peace officer
training costs.

(c) Training; Sexually Exploited and
Trafficked Youth

Of the appropriation in paragraph (b),
$100,000 the first year is for reimbursements
to local governments for peace officer
training costs on sexually exploited and
trafficked youth, including effectively
identifying sex trafficked victims and
traffickers, investigation techniques, and
assisting sexually exploited youth.new text begin These
funds are available until June 30, 2016.
new text end

Reimbursement shall be provided on a flat
fee basis of $100 per diem per officer.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

PUBLIC SAFETY AND CORRECTIONS

Section 1.

Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:


Subd. 5.

Disclosure.

Private or confidential court services data shall not be
disclosed except:

(a) pursuant to section 13.05;

(b) pursuant to a statute specifically authorizing disclosure of court services data;

(c) with the written permission of the source of confidential data;

(d) to the court services department, parole or probation authority or state or local
correctional agency or facility having statutorily granted supervision over the individual
subject of the data;

(e) pursuant to subdivision 6; deleted text beginor
deleted text end

(f) pursuant to a valid court orderdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (g) pursuant to section 611A.06, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:


Subd. 6.

Public benefit data.

(a) The responsible authority or its designee of a
parole or probation authority or correctional agency may release private or confidential
court services data related to:

(1) criminal acts to any law enforcement agency, if necessary for law enforcement
purposes; and

(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
extent that the data are necessary for the victim to assert the victim's legal right to restitution.

(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law
enforcement agency the following data on defendants, parolees, or probationers: current
address, dates of entrance to and departure from agency programs, and dates and times of
any absences, both authorized and unauthorized, from a correctional program.

(c) The responsible authority or its designee of a juvenile correctional agency may
release private or confidential court services data to a victim of a delinquent act to the
extent the data are necessary to enable the victim to assert the victim's right to request
notice of release under section 611A.06. The data that may be released include only the
name, home address, and placement site of a juvenile who has been placed in a juvenile
correctional facility as a result of a delinquent act.

new text begin (d) Upon the victim's written or electronic request and, if the victim and offender
have been household or family members as defined in section 518B.01, subdivision 1,
paragraph (b), the commissioner of corrections or the commissioner's designee may
disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
subdivision 16, notification of the city and five-digit zip code of the offender's residency
upon or after release from a Department of Corrections facility, unless:
new text end

new text begin (1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim's request;
new text end

new text begin (2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:


Subdivision 1.

Definition.

As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision deleted text begin2deleted text endnew text begin 3new text end; 609.498, subdivision
1
; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of
section 609.229; 609.377; 609.749; or 624.713.

Sec. 4.

Minnesota Statutes 2012, section 299F.012, subdivision 1, is amended to read:


Subdivision 1.

Authorized programs within department.

From the revenues
appropriated from the fire safety account, established under section 297I.06, subdivision
3, the commissioner of public safety may expend funds for the activities and programs
identified by the advisory committee established under subdivision 2 and recommended
to the commissioner of public safety. new text beginThe commissioner shall not expend funds without
the recommendation of the advisory committee established under subdivision 2.
new text endThe
commissioner shall not expend funds without the recommendation of the advisory
committee established under subdivision 2. These funds are to be used to provide
resources needed for identified activities and programs of the Minnesota fire service and to
ensure the State Fire Marshal Division responsibilities are fulfilled.

Sec. 5.

Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:


Subd. 2.

Fire Service Advisory Committee.

new text begin(a) new text endThe Fire Service Advisory
Committee shall provide recommendations to the commissioner of public safety on
fire service-related issues and shall consist of representatives of each of the following
organizations: two appointed by the president of the Minnesota State Fire Chiefs
Association, two appointed by the president of the Minnesota State Fire Department
Association, two appointed by the president of the Minnesota Professional Fire Fighters,
two appointed by the president of the League of Minnesota Cities, one appointed by the
president of the Minnesota Association of Townships, one appointed by the president
of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
the Minnesota Chapter of the International Association of Arson Investigators and the
Fire Marshals Association of Minnesota, and the commissioner of public safety or the
commissioner's designee. The commissioner of public safety must ensure that at least
three of the members of the advisory committee work and reside in counties outside of the
seven-county metropolitan area. The committee shall provide funding recommendations
to the commissioner of public safety from the fire safety fund for the following purposes:

(1) for the Minnesota Board of Firefighter Training and Education;

(2) for programs and staffing for the State Fire Marshal Division; and

(3) for fire-related regional response team programs and any other fire service
programs that have the potential for statewide impact.

new text begin (b) The committee under paragraph (a) does not expire.
new text end

Sec. 6.

Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:


Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.

new text begin (c) If the conviction is for a gross misdemeanor violation of section 609.3451,
subdivision 1, the stay shall be for not more than six years.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph (b),
the stay shall be for not more than two years.

deleted text begin (d)deleted text endnew text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1
; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.

deleted text begin (e)deleted text endnew text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin(d)deleted text endnew text begin (e)new text end, the
stay shall be for not more than one year.

deleted text begin (f)deleted text endnew text begin (g)new text end The defendant shall be discharged six months after the term of the stay
expires, unless the stay has been revoked or extended under paragraph deleted text begin(g)deleted text endnew text begin (h)new text end, or the
defendant has already been discharged.

deleted text begin (g)deleted text endnew text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin(f)deleted text endnew text begin (g)new text end, a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the
payment schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the
term of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by
the court for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered restitution
that the defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.

deleted text begin (h)deleted text endnew text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin(f)deleted text endnew text begin (g)new text end, a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:


Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text beginfivedeleted text endnew text begin tennew text end years or to payment of a fine of not more than
$10,000, or both, if the person violates deleted text beginsubdivision 1, clause (2),deleted text endnew text begin this section within ten
years
new text end after having been previously convicted of deleted text beginor adjudicated delinquent fordeleted text end violating
deleted text beginsubdivision 1, clause (2)deleted text endnew text begin this section; sections 609.342 to 609.345; or 609.3453new text end; deleted text beginsection
deleted text end 617.23deleted text begin, subdivision 2, clause (1)deleted text end; new text begin617.247; new text endor a statute from another state in conformity
deleted text beginwith subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1)deleted text endnew text begin therewithnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Offender location. new text end

new text begin (a) Upon the victim's written or electronic request
and if the victim and offender have been household or family members as defined in
section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
commissioner's designee shall disclose to the victim of an offender convicted of a crime
pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
of the offender's residency upon release from a Department of Corrections facility, unless:
new text end

new text begin (1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim's request;
new text end

new text begin (2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end

new text begin (b) All identifying information regarding the victim including, but not limited to, the
notification provided by the commissioner of corrections or the commissioner's designee
is classified as private data on individuals as defined in section 13.02, subdivision 12, and
is accessible only to the victim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2015.
new text end

Sec. 9. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall change the
headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor."
new text end

ARTICLE 3

DISASTER ASSISTANCE FOR PUBLIC ENTITIES; FEDERAL AID GRANTED

Section 1.

Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision
to read:


new text begin Subd. 5d. new text end

new text begin Local government. new text end

new text begin "Local government" has the meaning given in Code
of Federal Regulations, title 44, section 206.2 (2012).
new text end

Sec. 2.

Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to
read:


new text begin Subd. 6b. new text end

new text begin Nonfederal share. new text end

new text begin "Nonfederal share" has the meaning given in section
12A.02, subdivision 7.
new text end

Sec. 3.

Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:


Subd. 4.

Subgrant agreementsnew text begin; state sharenew text end.

new text begin(a) new text endThe state director, serving as the
governor's authorized representative, may enter into subgrant agreements with eligible
applicants to provide federal and state financial assistance made available as a result
of a disaster declaration.

new text begin (b) When state funds are used to provide the FEMA Public Assistance Program
cost-share requirement for a local government, the state director must award a local
government 100 percent of the nonfederal share of the local government's FEMA Public
Assistance Program costs.
new text end

Sec. 4.

Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Disaster assistance contingency account; appropriation. new text end

new text begin (a) A disaster
assistance contingency account is created in the general fund in the state treasury. Money
in the disaster assistance contingency account is appropriated to the commissioner of
public safety to provide:
new text end

new text begin (1) cost-share for federal assistance under section 12A.15, subdivision 1; and
new text end

new text begin (2) state public disaster assistance to eligible applicants under chapter 12B.
new text end

new text begin (b) For appropriations under paragraph (a), clause (1), the amount appropriated is
100 percent of any nonfederal share for state agencies and local governments. Money
appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
nonfederal share for publicly owned capital improvement projects.
new text end

new text begin (c) For appropriations under paragraph (a), clause (2), the amount appropriated
is the amount required to pay eligible claims under chapter 12B, as certified by the
commissioner of public safety.
new text end

new text begin (d) If the amount appropriated is insufficient to cover costs for paragraph (a), clauses
(1) and (2), the commissioner of public safety shall pay up to an additional $4,000,000
from the general fund appropriation provided under this paragraph. No payment shall be
made under this paragraph until:
new text end

new text begin (1) the commissioner of public safety has given the commissioner of management
and budget an estimate of the additional funds required;
new text end

new text begin (2) the commissioner of management and budget has reported the estimate to the
chairs of the house of representatives Ways and Means Committee and the senate Finance
Committee; and
new text end

new text begin (3) the commissioner of management and budget has approved the payments.
new text end

new text begin (e) Amounts approved by the commissioner of management and budget, up to
$4,000,000 per fiscal year, are appropriated from the general fund to the commissioner
of public safety. By January 15 of each year, the commissioner of management and
budget shall submit a report to the chairs of the house of representatives Ways and
Means Committee and the senate Finance Committee detailing state disaster assistance
appropriations and expenditures under this subdivision during the previous calendar year.
new text end

new text begin (f) The governor's budget proposal submitted to the legislature under section 16A.11
must include recommended appropriations to the disaster assistance contingency account.
The governor's appropriation recommendations must be informed by the commissioner of
public safety's estimate of the amount of money that will be necessary to:
new text end

new text begin (1) provide 100 percent of the nonfederal share for state agencies and local
governments that will receive federal financial assistance from FEMA during the next
biennium; and
new text end

new text begin (2) fully pay all eligible claims under chapter 12B.
new text end

new text begin (g) Notwithstanding section 16A.28:
new text end

new text begin (1) funds appropriated or transferred to the disaster assistance contingency account
do not lapse but remain in the account until appropriated; and
new text end

new text begin (2) funds appropriated from the disaster assistance contingency account do not lapse
and are available until expended.
new text end

Sec. 5.

Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:


Subd. 2.

Appropriation.

"Appropriation" means an appropriation provided in law
specifically to implement this chapternew text begin, including but not limited to a statutory appropriation
to provide the required cost-share for federal disaster assistance under section 12.221
new text end.

Sec. 6.

Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Local government. new text end

new text begin "Local government" has the meaning given in section
12.03, subdivision 5d.
new text end

Sec. 7.

Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Nonfederal share. new text end

new text begin "Nonfederal share" means that portion of total FEMA
Public Assistance Program costs that is no more than 25 percent and is not eligible for
FEMA reimbursement.
new text end

Sec. 8.

Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:


Subd. 3.

Nonduplication of federal assistance.

State assistance may not duplicate
or supplement eligible FEMA Public Assistance Program assistance. For eligible Public
Assistance Program costs, any state deleted text beginmatchingdeleted text endnew text begin cost-sharenew text end money made available for
that assistance must be disbursed by the Department of Public Safety to a state agency,
local deleted text beginpolitical subdivision, Indian tribedeleted text endnew text begin governmentnew text end, or other applicant. State assistance
distributed by a state agency, other than the Department of Public Safety, to a deleted text beginpolitical
subdivision
deleted text endnew text begin local governmentnew text end or other applicant for disaster costs that are eligible for
FEMA Public Assistance Program assistance constitutes an advance of funds. Such
advances must be repaid to the applicable state agency when the applicant has received
the FEMA Public Assistance Program assistance, and whatever state deleted text beginmatchingdeleted text endnew text begin cost-share
new text end money may be made available for that assistance, from the Department of Public Safety.

Sec. 9.

Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:


Subdivision 1.

State deleted text beginmatchdeleted text endnew text begin cost-sharenew text end for federal assistance.

State appropriations
may be used deleted text beginfor payment of the state match for federal disaster assistancedeleted text end to new text beginpay 100
percent of the nonfederal share for
new text endstate agenciesdeleted text begin. If authorized in law, state appropriations
may be used to pay all or a portion of the local share of the match for federal funds for
political subdivisions
deleted text endnew text begin and local governmentsnew text end under section 12.221. An appropriation from
the bond proceeds fund may be used deleted text beginto fund federal match obligationsdeleted text endnew text begin as cost-share for
federal disaster assistance
new text end for publicly owned capital improvement projects deleted text beginresulting from
the receipt of federal disaster assistance
deleted text end.

Sec. 10.

Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Disaster assistance. new text end

new text begin (a) The commissioner of management and budget
must transfer the unexpended and unencumbered balance of a general fund disaster
assistance appropriation that expires as provided under this section or as otherwise provided
by law to the disaster assistance contingency account in section 12.221, subdivision 6.
new text end

new text begin (b) Expired disaster assistance transferred to the disaster assistance contingency
account is available for appropriation as provided under section 12.221, subdivision
6, regardless of the specific disaster event or purpose for which the expired disaster
assistance was originally appropriated.
new text end

new text begin (c) The commissioner must report each transfer to the chairs of the house of
representatives Ways and Means Committee and the senate Finance Committee.
new text end

new text begin (d) For the purposes of this subdivision, "disaster assistance appropriation" means
an appropriation from the general fund to provide cost-share required for federal disaster
assistance or to provide other state disaster assistance under chapter 12A or 12B.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

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

ARTICLE 4

DISASTER ASSISTANCE FOR PUBLIC ENTITIES; ABSENT FEDERAL AID

Section 1.

new text begin [12B.10] PUBLIC DISASTER ASSISTANCE; ABSENT FEDERAL
AID.
new text end

new text begin This chapter establishes a state public assistance program to provide cost-share
assistance to local governments that sustain significant damage on a per capita basis but
are not eligible for federal disaster assistance or corresponding state assistance under
chapter 12A.
new text end

Sec. 2.

new text begin [12B.15] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a local government that applies for state
disaster assistance under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 4. new text end

new text begin Director. new text end

new text begin "Director" means the director of the Division of Homeland
Security and Emergency Management in the Department of Public Safety.
new text end

new text begin Subd. 5. new text end

new text begin Disaster. new text end

new text begin "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 end

new text begin Subd. 6. new text end

new text begin FEMA. new text end

new text begin "FEMA" means the Federal Emergency Management Agency.
new text end

new text begin Subd. 7. new text end

new text begin Incident period. new text end

new text begin "Incident period" means the time interval of a disaster as
delineated by specific start and end dates.
new text end

new text begin Subd. 8. new text end

new text begin Local government. new text end

new text begin "Local government" has the meaning given in section
12A.03, subdivision 5d.
new text end

Sec. 3.

new text begin [12B.25] ELIGIBILITY CRITERIA; CONSIDERATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Payment required; eligibility criteria. new text end

new text begin The director, serving as
the governor's authorized representative, may enter into grant agreements with eligible
applicants to provide state financial assistance made available as a result of a disaster
that satisfies all of the following criteria:
new text end

new text begin (1) the state and applicable local government declares a disaster or emergency
during the incident period;
new text end

new text begin (2) damages suffered and eligible costs incurred are the direct result of the disaster;
new text end

new text begin (3) federal disaster assistance is not available to the applicant because the governor
did not request a presidential declaration of major disaster, the president denied the
governor's request, or the applicant is not eligible for federal disaster assistance because
the state or county did not meet the per capita impact indicator under FEMA's Public
Assistance Program;
new text end

new text begin (4) the applicant incurred eligible damages that, on a per capita basis, equal or
exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
Assistance Program;
new text end

new text begin (5) the applicant assumes responsibility for 25 percent of the applicant's total
eligible costs; and
new text end

new text begin (6) the applicant satisfies all requirements in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Considerations; other resources available. new text end

new text begin When evaluating applicant
eligibility under subdivision 1, the director must consider:
new text end

new text begin (1) the availability of other resources from federal, state, local, private, or other
sources; and
new text end

new text begin (2) the availability or existence of insurance.
new text end

Sec. 4.

new text begin [12B.30] ELIGIBLE COSTS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible costs. new text end

new text begin Costs eligible for payment under this chapter are
those costs that would be eligible for federal financial assistance under FEMA's Public
Assistance Program.
new text end

new text begin Subd. 2. new text end

new text begin Ineligible costs. new text end

new text begin Ineligible costs are all costs not included in subdivision
1, including but not limited to:
new text end

new text begin (1) ordinary operating expenses, including salaries and expenses of employees and
public officials that are not directly related to the disaster response;
new text end

new text begin (2) costs for which payment has been or will be received from any other funding
source;
new text end

new text begin (3) disaster-related costs that should, in the determination of the director, be covered
and compensated by insurance; and
new text end

new text begin (4) projects and claims totaling less than $10,000.
new text end

Sec. 5.

new text begin [12B.35] APPLICANT'S SHARE.
new text end

new text begin An applicant's share of eligible costs incurred must not be less than 25 percent. The
substantiated value of donated materials, equipment, services, and labor may be used as
all or part of the applicant's share of eligible costs, subject to the following:
new text end

new text begin (1) all items and sources of donation must be indicated on the application and any
supporting documentation submitted to the commissioner;
new text end

new text begin (2) the rate for calculating the value of donated, nonprofessional labor is the
prevailing federal minimum wage;
new text end

new text begin (3) the value of donated equipment may not exceed the highway equipment rates
approved by the commissioner of transportation; and
new text end

new text begin (4) the value of donated materials and professional services must conform to market
rates and be established by invoice.
new text end

Sec. 6.

new text begin [12B.40] APPLICATION PROCESS.
new text end

new text begin (a) The director must develop application materials and may update the materials as
needed. Application materials must include instructions and requirements for assistance
under this chapter.
new text end

new text begin (b) An applicant has 30 days from the end of the incident period or the president's
official denial of the governor's request for a declaration of a major disaster to provide the
director with written notice of intent to apply. The director may deny an application due to
a late notice of intent to apply.
new text end

new text begin (c) Within 60 days after the end of the incident period or the president's official denial
of the governor's request for a declaration of a major disaster, the applicant must submit a
complete application to the director. A complete application includes the following:
new text end

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

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

new text begin (3) a description of damages, an initial damage assessment, and the amount of
eligible costs incurred by the applicant;
new text end

new text begin (4) a statement or evidence that the applicant has the ability to pay for at least 25
percent of total eligible costs incurred from the disaster; and
new text end

new text begin (5) a statement or evidence that the local government has incurred damages equal to
or exceeding 50 percent of the federal countywide threshold in effect during the incident
period.
new text end

new text begin (d) The director must review the application and supporting documentation for
completeness and may return the application with a request for more detailed information.
The director may consult with local public officials to ensure the application reflects the
extent and magnitude of the damage and to reconcile any differences. The application is
not complete until the director receives all requested information.
new text end

new text begin (e) If the director returns an application with a request for more detailed information
or for correction of deficiencies, the applicant must submit all required information within
30 days of the applicant's receipt of the director'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 director has no more than 60 days from the receipt of a complete application
to approve or deny the application, or the application is deemed approved. If the director
denies an application, the director must send a denial letter. If the director approves an
application or the application is automatically deemed approved after 60 days, the director
must notify the applicant of the steps necessary to obtain reimbursement of eligible
costs, including submission of invoices or other documentation substantiating the costs
submitted for reimbursement.
new text end

Sec. 7.

new text begin [12B.45] CLAIMS PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Claims; appeal. new text end

new text begin (a) An applicant must submit to the director
completed claims for payment of actual and eligible costs on forms provided by the
director. All eligible costs claimed for payment must be documented and consistent with
the eligibility provisions of this chapter.
new text end

new text begin (b) If the director denies an applicant's claim for payment, the applicant has 30 days
from receipt of the director's determination to appeal in writing to the commissioner. The
appeal must include the applicant's rationale for reversing the director's determination. The
commissioner has 30 days from receipt of the appeal to uphold or modify the director's
determination and formally respond to the applicant. If, within 30 days of receiving
the commissioner's decision, the applicant notifies the commissioner that the applicant
intends to contest the commissioner's decision, the Office of Administrative Hearings shall
conduct a hearing under the contested case provisions of chapter 14.
new text end

new text begin Subd. 2. new text end

new text begin Final inspection. new text end

new text begin Upon completion of all work by an applicant, the
director may inspect all work claimed by the applicant. The applicant must provide the
director with access to records pertaining to all claimed work and must permit the director
to review all records relating to the work.
new text end

new text begin Subd. 3. new text end

new text begin Closeout. new text end

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

new text begin (1) eligible work is complete;
new text end

new text begin (2) the applicant receives the final amount due or pays any amount owed under
section 12B.50; and
new text end

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

new text begin Subd. 4. new text end

new text begin Audit. new text end

new text begin (a) An applicant must account for all funds received under this
chapter in conformance with generally accepted accounting principles and practices. The
applicant must maintain detailed records of expenditures to show that grants received under
this chapter 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 director or the legislative 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 director or legislative auditor may audit all applicant records pertaining to an
application or payment under this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Reporting payments. new text end

new text begin The director must post on the division Web site a
list of the recipients and amounts of the payments made under this chapter.
new text end

Sec. 8.

new text begin [12B.50] FUNDING FROM OTHER SOURCES; REPAYMENT
REQUIRED.
new text end

new text begin If an applicant subsequently recovers eligible costs from another source after
receiving payment under this chapter, the applicant must pay the commissioner an amount
equal to the corresponding state funds received within 30 days. The commissioner must
deposit any repayment in the disaster response contingency account in section 12.221,
subdivision 6.
new text end

Sec. 9. new text beginEFFECTIVE DATE.
new text end

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