HF 1409

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:33pm

A bill for an act
relating to public safety; establishing State Aid For Emergencies (SAFE) account
and aid program to reimburse local governments for expenses incurred in
responding to emergencies; transferring money to SAFE account; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section establishes a state public aid program to provide
cost-sharing assistance through reimbursement to local governments during extraordinary
or unplanned public safety events that exhaust available local resources, including mutual
aid, where a local or state emergency is declared and where the extraordinary expenses are
not covered by other federal and state disaster assistance programs.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

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

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

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

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

new text begin (g) "Mutual aid" means aid rendered to, and at the request of, one state, tribal, or local
entity by another tribal or local entity.
new text end

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

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

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

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

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

new text begin (2) where the State Patrol makes a specific request for assistance from a local unit of
government to support the State Patrol at a facility owned by state government, including
but not limited to the State Capitol.
new text end

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

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

new text begin Subd. 3. new text end

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

new text begin A State Aid
For Emergencies (SAFE) account is created in the special revenue fund in the state treasury,
consisting of money deposited, donated, allotted, transferred, or otherwise provided to the
account. Money in the SAFE account is annually appropriated to the commissioner to
provide reimbursement and management costs under this section.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility criteria; considerations. new text end

new text begin (a) Costs eligible for reimbursement under
this section are those costs associated with a public safety event incurred during the incident
period. Eligible costs are limited to:
new text end

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

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

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

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

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

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

new text begin (1) the compensation paid and actual and necessary travel, subsistence, and maintenance
expenses of the personnel of the other state while rendering aid as emergency personnel;
new text end

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

new text begin (3) all losses of or damage to supplies and equipment of the other state or a governmental
subdivision of the other state resulting from the rendering of aid provided that the laws of
the other state contain provisions substantially similar to this section.
new text end

new text begin (c) Notwithstanding section 466.01, subdivision 6, unless there is a written agreement
to the contrary, emergency response personnel retain their employment status with their
sending jurisdiction and have the same powers, duties, rights, privileges, and immunities
as if they were performing like service in the sending jurisdiction.
new text end

new text begin Subd. 5. new text end

new text begin Reimbursement rates. new text end

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

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

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

new text begin (b) For each public safety event, the commissioner shall not make any payments until
all eligible jurisdictions have applied for reimbursement or 12 months after the state of
emergency concludes, whichever occurs first. If the amount of eligible requests exceed the
amount available in the SAFE account, each agency shall receive a pro rata share of available
funds based on the amount of their approved reimbursement amount.
new text end

new text begin Subd. 6. new text end

new text begin Reimbursement process. new text end

new text begin (a) The commissioner must develop application
materials for reimbursement and may update the materials as needed. Application materials
must include instructions and requirements for assistance under this section. These application
materials are not subject to the rulemaking requirements under chapter 14.
new text end

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

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

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

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

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

new text begin (d) The commissioner shall review the application and supporting documentation for
completeness and may return the application with a request for more detailed information
or correction of deficiencies. The commissioner may consult with appropriate governmental
officials to ensure the application reflects the extent and magnitude of the public safety
event and to reconcile any differences. The application is not complete until the commissioner
receives all requested information.
new text end

new text begin (e) If the commissioner returns an application with a request for more detailed information
or for correction of deficiencies, the applicant must resubmit the application with all required
information within 30 days of the applicant's receipt of the commissioner's request. The
applicant's failure to provide the requested information in a timely manner without a
reasonable explanation may be cause for denial of the application.
new text end

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

new text begin Subd. 7. new text end

new text begin Appeal process. new text end

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

new text begin (b) If the commissioner denies an applicant's claim for payment, the applicant has 30
days from receipt of the commissioner's determination to appeal in writing to the
commissioner. The appeal must include the applicant's rationale for reversing the
commissioner's determination. The commissioner has 30 days from receipt of the appeal to
uphold or modify the commissioner's determination and formally respond to the applicant.
If no written request for appeal is received, the determination is final. The applicant is
entitled to judicial review under sections 14.63 to 14.68 in the same manner that a person
aggrieved by a final decision in a contested case is entitled to judicial review. The
commissioner's determination under this section shall be a final decision of the department
for purposes of sections 14.63 to 14.68.
new text end

new text begin Subd. 8. new text end

new text begin Closeout of application. new text end

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

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

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

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

new text begin Subd. 9. new text end

new text begin Audit. new text end

new text begin (a) An applicant must account for all funds received under this section
in conformance with generally accepted accounting principles and practices. The applicant
must maintain detailed records of expenditures to show that grants received under this
section were used for the purpose for which the payment was made. The applicant must
maintain records for five years and make the records available for inspection and audit by
the commissioner or the state auditor. The applicant must keep all financial records for five
years after the final payment, including but not limited to all invoices and canceled checks
or bank statements that support all eligible costs claimed by the applicant.
new text end

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

new text begin Subd. 10. new text end

new text begin Reporting reimbursement payments. new text end

new text begin The commissioner shall post on the
department's website and provide to the chairs and ranking minority members of the
legislative policy and budget committees with jurisdiction over public safety finance and
emergency response funding a description of the public safety event and a list of the recipients
and amounts of the reimbursement payments made under this section.
new text end

new text begin Subd. 11. new text end

new text begin Management costs. new text end

new text begin The department may be reimbursed from the SAFE
account an amount of not more than five percent of the grant values as management costs.
Management costs include indirect costs, direct administrative costs, and other administrative
expenses associated with the public safety event.
new text end

new text begin Subd. 12. new text end

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

new text begin If an applicant recovers
eligible costs from another source after receiving payment under this section, the applicant
must pay the department within 30 days an amount equal to the corresponding state funds
received. The commissioner must deposit any repayment into the SAFE account.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text begin STATE AID FOR EMERGENCIES (SAFE) ACCOUNT; TRANSFER.
new text end

new text begin $35,000,000 is transferred from the general fund to the State Aid For Emergencies
(SAFE) account in the special revenue fund created in Minnesota Statutes, section 299A.85.
new text end

new text begin EFFECTIVE DATE. new text end

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