S.F. No. 1, as introduced - 2012 1st Special Session Posted on Aug 24, 2012
1.2relating to disaster assistance; authorizing spending to acquire and better public
1.3land and buildings and other improvements of a capital nature with certain
1.4conditions; authorizing the sale and issuance of state bonds; providing flood loss
1.5aid and property tax relief; transferring and cancelling prior appropriations;
1.6appropriating money for flood and windstorm relief;amending Minnesota
1.7Statutes 2010, sections 12A.07, by adding a subdivision; 12A.09, by adding
1.8a subdivision; 116J.8731, by adding subdivisions; Minnesota Statutes 2011
1.9Supplement, section 12A.07, subdivision 2; Laws 2009, chapter 172, article 4,
1.10section 2, subdivision 5; Laws 2011, First Special Session chapter 6, article 4,
1.11section 2, subdivision 6.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. DISASTER RELIEF APPROPRIATION SUMMARY.
1.16The amounts shown in this section summarize direct appropriations made in this
2.13"Appropriations" are appropriated from the bond proceeds fund to be spent to acquire and
2.14to better publicly owned land and buildings and other public improvements of a capital
2.15nature, and from other named funds, for relief as specified in this article from the storms
2.16and flooding that occurred on or after June 14, 2012, in the area in Minnesota designated
2.17under Presidential Declaration of a Major Disaster FEMA-4069-DR, whether included in
2.18the original declarations or added later by federal government action, referred to in this
2.19article as "the area included in DR-4069." The flooding that resulted from storms that
2.20occurred June 14 through June 21, 2012, is referred to as "the floods" in sections 19 to
2.2122. Unless otherwise specified, money appropriated in this act for a capital program or
2.22project may be used to pay state agency staff costs that are attributed directly to the capital
2.23program or project in accordance with accounting policies adopted by the commissioner
2.24of management and budget. Unless otherwise specified, the appropriations included in this
2.25article are available through June 30, 2015, except that appropriations of bond proceeds
2.26for capital improvements are available until the project is completed or abandoned, subject
2.27to Minnesota Statutes, section 16A.642. The appropriations in this article are onetime.
2.28 Subd. 2. Transfers. Money appropriated under this article may be transferred as
2.29provided in Minnesota Statutes, section 12A.03, subdivision 5.
3.2purposes specified in Minnesota Statutes,
3.3section 12A.15. The amounts that may be
3.4spent for each purpose are specified in the
3.8general fund under Minnesota Statutes,
3.9section 12A.15, subdivision 1, is available
3.10to fund 100 percent of the match obligations
3.11for eligible applicants incurred through the
3.12receipt of federal disaster assistance.
3.13The appropriation of $2,285,000 from
3.14the bond proceeds fund under Minnesota
3.15Statutes, section 12A.15, subdivision 1, is
3.16available to fund 100 percent of the state
3.17and local match obligations for publicly
3.18owned capital improvement projects incurred
3.19through the receipt of federal disaster
3.21Notwithstanding Minnesota Statutes, section
3.2216A.28, the appropriation in this subdivision
3.23does not lapse.
3.26burial and removal of debris for residences
3.27and farms, as specified in Minnesota
3.28Statutes, section 12A.15, subdivision 2. This
3.29appropriation is from the general fund.
3.32for coordination of long-term recovery as
3.33specified in Minnesota Statutes, section
4.112A.15, subdivision 2a. This appropriation
4.2is from the general fund.
4.14the purposes specified in Minnesota Statutes,
4.15section 12A.16. The amounts that may be
4.16spent for each purpose are specified in the
4.21purposes specified in Minnesota Statutes,
4.22section 12A.16, subdivision 1. This is in
4.23addition to the appropriation made in Laws
4.242011, First Special Session chapter 3, article
4.251, section 3, subdivision 3, paragraph (a).
4.28purposes stated in Minnesota Statutes,
4.29section 12A.16, subdivision 2. This is in
4.30addition to the appropriation made in Laws
4.312011, First Special Session chapter 3, article
4.321, section 3, subdivision 3, paragraph (b).
4.35highway fund for the purposes specified
5.1in Minnesota Statutes, section 12A.16,
5.5state transportation fund for grants under
5.6Minnesota Statutes, sections 12A.16,
5.7subdivision 3, and 174.50, to local
5.8governments in the area included in
5.14of employment and economic development
5.15for Minnesota investment fund grants under
5.16Minnesota Statutes, section 12A.07.
5.17Before any grants under this section are
5.18awarded to a local unit of government,
5.19the commissioner of employment and
5.20economic development shall report to the
5.21chairs and ranking minority members of
5.22the senate Finance Committee and house of
5.23representatives Ways and Means Committee
5.24the criteria and requirements to be used
5.25by local units of government in the grant
5.26or loan programs they will administer. All
5.27business loan agreements must be executed
5.28by December 31, 2013. Any uncommitted
5.29balance remaining must be transferred to the
6.2the bond proceeds fund for grants under
6.3Minnesota Statutes, section 12A.14.
6.7the purposes specified in the following
6.12housing development fund for the economic
6.13development and housing challenge program
6.14under Minnesota Statutes, section 462A.33,
6.15for assistance in the area included in
6.16DR-4069, as provided in Minnesota Statutes,
6.17section 12A.09. The maximum loan amount
6.18per housing structure is $30,000. Within
6.19the limits of available appropriations, the
6.20agency may increase the maximum amount
6.21if the cost of repair or replacement of
6.22the residential property exceeds the total
6.23of the maximum loan amount and any
6.24assistance available from FEMA, other
6.25federal government agencies including the
6.26Small Business Administration, and private
6.27insurance and flood insurance benefits.
6.30housing development fund for the capacity
6.31building grant program under Minnesota
6.32Statutes, section 462A.21, subdivision
6.333. To provide capacity for local units of
6.34government and nonprofit organizations to
7.1develop and implement disaster recovery
7.2plans in the area included in DR-4069 and as
7.3provided under Minnesota Statutes, section
7.8homeless prevention and assistance program
7.9under Minnesota Statutes, section 462A.204,
7.10for assistance in the area included in
7.11DR-4069, in counties for which Small
7.12Business Administration assistance to
7.13homeowners is available. For assistance
7.14under this subdivision, the requirements
7.15of Minnesota Statutes, section 12A.03,
7.16subdivisions 2 to 5, apply.
7.20activities under Minnesota Statutes, section
7.2112A.11. This appropriation is from the
7.29the purposes specified in Minnesota Statutes,
7.30section 12A.12. The amounts that may be
7.31spent for each purpose are specified in the
8.2purposes specified in Minnesota Statutes,
8.3section 12A.12, subdivision 1.
8.6Statutes, section 12A.12, subdivision 2.
8.7Funds may be used to acquire or relocate
8.8structures damaged or threatened by the
8.9impacts resulting from the rain storm and
8.10are also available for the local share of
8.11acquisition and relocation flood mitigation
8.12projects. Of this appropriation, $9,000,000 is
8.13from the bond proceeds fund and $1,000,000
8.14is from the general fund.
8.17of Minnesota Statutes, section 12A.12,
8.18subdivision 3. This includes removal of flood
8.19debris and sediment. This appropriation is
8.20from the general fund.
8.23commissioner of natural resources in the
8.24disaster area may be extended for up to two
8.30the purposes specified in Minnesota Statutes,
8.31section 12A.05. The appropriations in this
8.32section do not lapse, notwithstanding the
8.33provisions of Minnesota Statutes, section
8.3416A.28. The amounts that may be spent for
9.1each purpose are specified in the following
9.6purposes specified in Minnesota Statutes,
9.7section 12A.05, subdivision 1, in the area
9.8included in DR-4069. The duration of the
9.9easements shall be perpetual.
9.13specified in Minnesota Statutes, section
9.1412A.05, subdivision 2, in the area included
9.15in DR-4069. Priority use of these funds shall
9.16be to supplement or match federal funds
9.17whenever possible and practical.
9.18Wetland conservation procedures. For
9.19projects funded in this section, the board may
9.20develop alternative standards and procedures
9.21for Minnesota Statutes, sections 103G.222 to
9.22103G.2242, that may be used temporarily by
9.23local government units to address emergency
9.24situations or disaster recovery efforts in the
9.25area included in DR-4069.
9.28purposes specified in Minnesota Statutes,
9.29section 12A.04. This appropriation is from
9.30the general fund.
10.2of education for additional costs and loss of
10.3pupil units in the area included in DR-4069.
10.4The amounts that may be spent for each
10.5purpose are specified in the following
10.9Minnesota Statutes, section 12A.06,
10.10subdivision 1, calculated at a rate of $5,224
10.11per adjusted pupil unit lost during fiscal year
10.15Minnesota Statutes, section 12A.06,
10.19health activities under Minnesota Statutes,
10.20section 12A.08. This appropriation is from
10.21the general fund.
10.2412A.13, the commissioner may use the
10.25petroleum tank release cleanup fund at
10.26an estimated cost of $100,000 to safely
10.27rehabilitate buildings if a portion of the
10.28rehabilitation cost is attributable to petroleum
10.29contamination or to buy out property
10.30substantially damaged by a petroleum tank
11.2the commissioner of management and budget
11.3for bond sale expenses under Minnesota
11.5(b) $40,000 is from the bond proceeds
11.6account in the trunk highway fund to the
11.7commissioner of management and budget
11.8for bond sale expenses under Minnesota
11.9Statutes, section 167.50, subdivision 4.
11.10 Sec. 16. BOND SALE AUTHORIZATIONS.
11.11 Subdivision 1. Bond proceeds fund. To provide the money appropriated in this
11.12article from the bond proceeds fund, the commissioner of management and budget, at the
11.13request of the commissioner of public safety, shall sell and issue bonds of the state in an
11.14amount up to $25,701,000 in the manner, upon the terms, and with the effect prescribed by
11.15Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution,
11.16article XI, sections 4 to 7.
11.17 Subd. 2. Transportation fund. To provide the money appropriated in this article
11.18from the state transportation fund, the commissioner of management and budget shall sell
11.19and issue bonds of the state in an amount up to $30,000,000 in the manner, upon the terms,
11.20and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by
11.21the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except
11.22accrued interest and any premium received on the sale of the bonds, must be credited to
11.23a bond proceeds account in the state transportation fund.
11.24 Subd. 3. Trunk highway fund bond proceeds account. To provide the money
11.25appropriated in this act from the bond proceeds account in the trunk highway fund, the
11.26commissioner of management and budget shall sell and issue bonds of the state in an
11.27amount up to $35,040,000 in the manner, upon the terms, and with the effect prescribed
11.28by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution,
11.29article XIV, section 11, at the times and in the amounts requested by the commissioner
11.30of transportation. The proceeds of the bonds, except accrued interest and any premium
11.31received from the sale of the bonds, must be credited to the bond proceeds account in
11.32the trunk highway fund.
12.1 Sec. 17. Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 2, is
12.2amended to read:
12.3 Subd. 2. Assistance. Criteria and requirements must be locally established with
12.4the approval of the commissioner. Local plans must specify the type of assistance to
12.5be provided to eligible organizations. Within the limits of the available grant amounts,
12.6assistance may be provided as loans with or without interest and as forgivable loans. The
12.7criteria must, at a minimum, specify that an organization receiving a forgivable loan
12.8must remain in the local community a minimum of five years after the date of the loan,
12.9after which the amount of loan forgiveness must follow a schedule provided by the
12.10commissioner for an additional five years. Loans made under this section must not be used
12.11to refinance debt that existed on the date of the disaster. Repayment of loan amounts is
12.12made to the local community consistent with subdivision 6. All assistance awards under
12.13this section must meet the requirements of section 116J.8731, subdivision 8.
12.14 Sec. 18. Minnesota Statutes 2010, section 12A.07, is amended by adding a subdivision
12.16 Subd. 6. Repayments. Any repayments of loans to the local government unit
12.17under this section shall be forwarded to the commissioner and deposited in the disaster
12.18contingency account in section 116J.8731, subdivision 8.
12.19 Sec. 19. Minnesota Statutes 2010, section 12A.09, is amended by adding a subdivision
12.21 Subd. 5. Repayments. Any repayments of loans made under this section must be
12.22deposited in the Housing Finance Agency's disaster relief contingency fund established in
12.23section 462A.21, subdivision 29.
12.24 Sec. 20. Minnesota Statutes 2010, section 116J.8731, is amended by adding a
12.25subdivision to read:
12.26 Subd. 8. Disaster contingency account; repayments. There is created a Minnesota
12.27investment fund disaster contingency account in the special revenue fund. Repayment
12.28of loan amounts to the local government unit under this section shall be forwarded to
12.29the commissioner and deposited in the disaster contingency account in the Minnesota
12.30investment fund to be appropriated by law for future disaster relief.
12.31 Sec. 21. Minnesota Statutes 2010, section 116J.8731, is amended by adding a
12.32subdivision to read:
13.1 Subd. 9. Requirements for assistance. All awards under subdivision 8 are subject
13.2to the following requirements.
13.3(a) Eligible applicants include the following:
13.4(1) Applicants may be any business or nonprofit organization in the area included
13.5in the disaster declaration that was directly and adversely affected by the disaster. This
13.6includes: businesses, cooperatives, utilities, industrial, commercial, retail, and nonprofit
13.7organizations, including those nonprofits that provide residential, health care, child care,
13.8social, or other services on behalf of the Department of Human Services to residents
13.9included in the disaster area.
13.10 (2) Business applicants must be organized as a proprietorship, partnership, LLC, or
13.12 (3) Applicants must have been in operation before the date of the disaster.
13.13 (b) Eligible activities. Loan funds may be used to assist businesses only in their
13.14recovery efforts but are not available to provide relief from economic losses.
13.15 (c) Eligible costs. Eligible costs may include the following: repair of buildings,
13.16leasehold improvements, fixtures and/or equipment, loss of inventory, and cleanup costs.
13.17 (d) Ineligible activities:
13.18 (1) Ineligible applicants. Any applicants not meeting the eligibility requirements
13.19outlined in this subdivision are ineligible to receive recovery loan funds.
13.20 (2) Ineligible activities. Funds may not be used for lending or investment operations,
13.21land speculation, or any activity deemed illegal by federal, state, or local law or ordinance.
13.22 (3) Ineligible costs. Ineligible costs include but are not limited to: economic injury
13.23losses, relocation, management fees, financing costs, franchise fees, debt consolidation,
13.24moving costs, refinancing debt existing prior to the date of the disaster, and operating costs.
13.25 (e) Loan application:
13.26 (1) Application process. All parties seeking recovery loan funds must file an
13.27application with the local unit of government. Small Business Administration (SBA)
13.28application forms may be used. Applications must be transmitted in the form and manner
13.29prescribed by the commissioner.
13.30 (f) Application information. Only completed applications will be reviewed for
13.31consideration. Submittal of the following information constitutes a complete application:
13.32 (1) MIF recovery loan fund application;
13.33 (2) business SBA disaster application if applicable;
13.34 (3) regional development organization or responsible local government application,
13.36 (4) administrative contact;
14.1 (5) business release for local government to review SBA damage assessment/loss
14.2verification, if applicable;
14.3 (6) proof of loss statement from insurer;
14.4 (7) construction cost estimates;
14.5 (8) invoices for work completed;
14.6 (9) quotes for equipment;
14.7 (10) proposed security;
14.8 (11) company historical financial statements for the 24 months immediately prior to
14.9the application date;
14.10 (12) credit check release;
14.11 (13) number of jobs to be retained;
14.12 (14) wages paid;
14.13 (15) amount of loan request;
14.14 (16) documentation of damages incurred;
14.15 (17) property taxes paid and current;
14.16 (18) judgments, liens, agreements, consent decrees, stipulations for settlements, or
14.17other such actions which would prevent the applicant from participating in any program
14.18administered by the responsible local, state, or regional government;
14.19 (19) compliance with all applicable local ordinances and plans;
14.20 (20) documentation through financial and tax records that the business was a viable
14.21operating entity at the time of the flood;
14.22 (21) business tax identification number; and
14.23 (22) other documentation as requested.
14.24 (g) Incomplete applications will be assigned pending status and the applicant will be
14.25informed in writing of the missing documentation.
14.26 (h) Determination of eligibility. Applicant eligibility will be determined using
14.27criteria enumerated in paragraph (a). A credit check for the company and each of its
14.28principal owners may be conducted. An owner's encumbrance report will be completed
14.29by the Recorder's Office.
14.30 A grant recipient is eligible for assistance provided under this section only after the
14.31recipient has claimed all applicable private insurance and the recipient has utilized all other
14.32sources of applicable assistance available under the act appropriating funding for the grant.
14.33 Sec. 22. Laws 2009, chapter 172, article 4, section 2, subdivision 5, is amended to read:
15.2to the commissioner of the Department
15.3of Administration for grants to the named
15.4organizations for the purposes specified
15.5in this subdivision. Up to one percent of
15.6funds may be used by the Department of
15.7Administration for grants administration.
15.8Grants made to public television or radio
15.9organizations are subject to Minnesota
15.11(b) Grant agreements entered into by
15.12the commissioner and recipients of
15.13appropriations in this subdivision must
15.14ensure that money appropriated in this
15.15subdivision is used to supplement and
15.16not substitute for traditional sources of
15.17funding. No more than 2.5 percent of any
15.18grant may be used by the recipient for
15.19administration. A cultural grants advisory
15.20board may be established by the Department
15.21of Administration to provide advice and
15.22assistance in the making of grants under this
15.23subdivision. The board, if appointed, shall
15.24consist of seven members, to be appointed
15.25by the commissioner. One member shall
15.26represent public radio and television, one
15.27shall represent Minnesota zoos, one shall
15.28represent the Minnesota Center for the
15.29Humanities, and the remaining four shall be
15.30appointed by the commissioner to represent a
15.31diverse set of cultural interests. All recipients
15.32of funds under this subdivision shall report
15.33to the legislature by January 15 of each year
15.34on uses of those funds.
15.35(c) Public Television. $2,800,000 the first
15.36year and $3,500,000 the second year are
16.1appropriated for a grant to the Minnesota
16.2Public Television Association for production
16.3and acquisition grants in accordance with
16.4new Minnesota Statutes, section
16.5(d) Minnesota Public Radio. $1,150,000
16.6the first year and $1,500,000 the second year
16.7are appropriated for a grant to Minnesota
16.8Public Radio to create new programming
16.9and events, expand regional news service,
16.10amplify Minnesota culture to a regional
16.11and national audience, and document
16.12Minnesota's history through the Minnesota
16.14(e) Association of Minnesota Public
16.15Educational Radio Stations. $1,150,000
16.16the first year and $1,500,000 the second
16.17year are appropriated for a grant to the
16.18Association of Minnesota Public Radio
16.19Stations for production and acquisition grants
16.20in accordance with new Minnesota Statutes,
16.22(f) Zoos. $450,000 in 2010 and $450,000 in
16.232011 are appropriated for the programmatic
16.24development of Minnesota's zoos.
16.25Three-quarters of this fund in any year
16.26shall be reserved in equal portions each for
16.27the Minnesota Zoo, the Como Zoo, and
16.28the Lake Superior Zoo. The remainder
16.29may be apportioned through a competitive
16.30grants process or may be allocated by the
16.31commissioner to zoos that are accredited by
16.32the Association of Zoos and Aquariums or
16.33that demonstrate to the commissioner a plan
16.34for working toward that accreditation during
16.35the biennium ending June 30, 2011. The
17.1appropriation for the Lake Superior Zoo is
17.2available until June 30, 2015.
17.3(g) Minnesota State Capitol. The
17.4Department of Administration, the Capitol
17.5Area Architecture and Planning Board,
17.6and the Minnesota Historical Society shall
17.7consider and report to the legislature on
17.8possible uses of funds created under the
17.9Minnesota Constitution, article XI, section
17.1015, for the restoration, renovation, and repair
17.11of the State Capitol.
17.14appropriated for the Minnesota Children's
17.15Museum. These amounts are for arts, arts
17.16education, and arts access and to preserve
17.17Minnesota's history and cultural heritage.
17.18The director shall submit an annual report
17.19on the expenditure and use of money
17.20appropriated under this paragraph to the
17.21legislature as provided in Minnesota Statutes,
17.23submitted by March 1, 2010. In subsequent
17.24years the report shall be submitted by
17.25January 15. Notwithstanding Minnesota
17.27encumbered on or before June 30, 2011,
17.28as grants or contracts in this paragraph are
17.29available until June 30, 2013.
17.30(i) Duluth Children's Museum
17.31$250,000 in 2010 and $250,000 in 2011
17.32are appropriated for the Duluth Children's
17.33Museum. These amounts are for arts, arts
17.34education, and arts access and to preserve
17.35Minnesota's history and cultural heritage.
18.1The director shall submit an annual report
18.2on the expenditure and use of money
18.3appropriated under this paragraph to the
18.4legislature as provided in Minnesota Statutes,
18.6submitted by March 1, 2010. In subsequent
18.7years the report shall be submitted by
18.8January 15. Notwithstanding Minnesota
18.10encumbered on or before June 30, 2011,
18.11as grants or contracts in this paragraph are
18.12available until June 30, 2013.
18.13(j) Science Museum of Minnesota
18.14$450,000 in 2010 and $450,000 in 2011
18.15are appropriated for the Science Museum
18.16of Minnesota. These amounts are for
18.17arts, arts education, and arts access and to
18.18preserve Minnesota's history and cultural
18.19heritage. The director shall submit an annual
18.20report on the expenditure and use of money
18.21appropriated under this paragraph to the
18.22legislature as provided in Minnesota Statutes,
18.24submitted by March 1, 2010. In subsequent
18.25years the report shall be submitted by
18.26January 15. Notwithstanding Minnesota
18.28encumbered on or before June 30, 2011,
18.29as grants or contracts in this paragraph are
18.30available until June 30, 2013.
18.31 Sec. 23. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 6,
18.32is amended to read:
19.2commissioner of administration for grants
19.3to the named organizations for the purposes
19.4specified in this subdivision. Up to one
19.5percent of funds may be used by the
19.6commissioner for grants administration.
19.7Grant agreements entered into by
19.8the commissioner and recipients of
19.9appropriations in this subdivision must
19.10ensure that money appropriated in this
19.11subdivision is used to supplement and not
19.12substitute for traditional sources of funding.
19.13Public Radio Grants. $2,650,000 the first
19.14year and $2,650,000 the second year are for
19.15a competitive Arts and Cultural Heritage
19.16Grants Program-Public Radio.
19.17The commissioner shall solicit proposals
19.18and award grants to public radio stations
19.19that satisfy the eligibility requirements
19.20under Minnesota Statutes, section
19.22or distribute radio programs that educate,
19.23enhance, or promote local, regional, or
19.24statewide items of artistic, cultural, or
19.25historic significance. The commissioner
19.26shall give preference to projects that
19.27expand Minnesotans' access to knowledge,
19.28information, arts, state history, or cultural
19.29heritage. This appropriation is available for
19.30eligible costs incurred as of July 1, 2011, and
19.31does not expire until June 30, 2015.
19.32Public Television. $3,700,000 the first
19.33year and $3,700,000 the second year are for
19.34grants to the Minnesota Public Television
19.35Association for production and acquisition
20.1grants according to Minnesota Statutes,
20.3sesquicentennial of the American Civil
20.4War, the Minnesota Public Television
20.5Association shall produce new programming
20.6on Minnesota history during that period.
20.7This appropriation is available for eligible
20.8costs incurred as of July 1, 2011, and does
20.9not expire until June 30, 2015.
20.10Veterans Camps. $475,000 the first year
20.11is for grants of $400,000 to the Disabled
20.12Veterans Rest Camp located on Big Marine
20.13Lake in Washington County and $75,000 to
20.14the Veterans on the Lake Resort located on
20.15Fall Lake in St. Louis County.
20.16Zoos. $300,000 the first year and $300,000
20.17the second year are for grants of $200,000
20.18each year to the Como Park Zoo and
20.19$100,000 each year to the Lake Superior
20.20Zoo for programmatic development. The
20.21appropriation for the Lake Superior Zoo is
20.22available until June 30, 2015.
20.23Minnesota Children's Museum. $500,000
20.24the first year and $500,000 the second year
20.25are for grants to the Minnesota Children's
20.26Museum. These amounts are for arts, arts
20.27education, and arts access and to preserve
20.28Minnesota's history and cultural heritage.
20.29Science Museum of Minnesota. $500,000
20.30the first year and $500,000 the second year
20.31are for grants to the Science Museum of
20.32Minnesota. These amounts are for arts, arts
20.33education, and arts access and to preserve
20.34Minnesota's history and cultural heritage.
21.1Minnesota Film and TV Board. $500,000
21.2the first year and $500,000 the second year
21.3are for grants to the Minnesota Film and
21.4TV Board for grants to Minnesota residents
21.5to create film or television productions that
21.6promote Minnesota's cultural heritage and
21.7for the film production jobs program under
21.8Minnesota Statutes, section
21.9appropriation is available until June 30, 2015.
21.10State Capitol Preservation Commission.
21.11$550,000 the first year is for the purposes of
21.12Minnesota Statutes, section
21.13appropriation is available until spent.
21.14 Sec. 24. 2012 FLOOD LOSS; CITY REPLACEMENT AID.
21.15 Subdivision 1. Flood net tax capacity loss. The county assessor of each qualified
21.16county shall compute a "flood net tax capacity loss" for each city equal to the net tax
21.17capacity reduction resulting from the reassessments under section 27. A county assessor
21.18of a qualified county that contains a city that has a flood net tax capacity loss that exceeds
21.19five percent of its assessment year 2012 total taxable net tax capacity shall certify the city's
21.20flood net tax capacity loss to the commissioner of revenue by August 1, 2013.
21.21As used in this section, a "qualified county" is a county located within the area
21.22included in a disaster or emergency area that is designated and approved by the executive
21.23council under Minnesota Statutes, section 273.1231, as a result of the floods.
21.24 Subd. 2. Flood loss aid. In 2014, each city with a flood net tax capacity loss equal
21.25to or greater than five percent of its assessment year 2012 total taxable net tax capacity is
21.26entitled to flood loss aid equal to the flood net tax capacity loss times the city's average
21.27local tax rate for taxes payable in 2012.
21.28 Subd. 3. Duties of commissioner. The commissioner of revenue shall determine
21.29each city's aid amount under this section. The commissioner shall notify each eligible city
21.30of its flood loss aid amount by August 15, 2013. The commissioner shall make payments
21.31to each city after July 1, 2014, and before July 20, 2014.
21.32 Subd. 4. Optional city expenditure. A city that receives aid under this section
21.33may choose to expend a portion of the aid received for repair of county roads located
21.34within the city.
22.1 Subd. 5. Appropriation. The amount necessary to pay the aid amounts under this
22.2section in fiscal year 2015, for calendar year 2014, is appropriated to the commissioner of
22.3revenue from the general fund.
22.4 Sec. 25. DISASTER AREA; WAIVING PROPERTY TAX PENALTIES FOR
22.5BUSINESS AND DAMAGED PROPERTIES.
22.6(a) Notwithstanding Minnesota Statutes, section 279.01, subdivision 1, but subject to
22.7the provisions of this section, a penalty does not accrue on the second half of the payable
22.82012 property taxes on either: (1) class 3a or 3b property, as classified under Minnesota
22.9Statutes, section 273.13, subdivision 24, that is located in a county that includes an area
22.10that would qualify to be designated as a "disaster or emergency area" under Minnesota
22.11Statutes, section 273.1231, if the designation were to be based solely on the damages to
22.12properties resulting from the floods and irrespective of executive council approval; or (2)
22.13any property that suffered damage of 50 percent or more as a result of the floods.
22.14(b) To qualify for this extended due date for the second half payment: (1) the
22.15taxpayer must have been unable to make the payment due to circumstances related to the
22.16floods; and (2) the taxpayer must have paid the first half of the payable 2012 taxes by May
22.1715, 2012, and must pay the second half of the payable 2012 taxes by December 28, 2012.
22.18(c) If the second half of the payable 2012 property taxes is paid after December 28,
22.192012, then all penalties that would have occurred since the due date under Minnesota
22.20Statutes, section 279.01, subdivision 1, must be charged on the amount of the unpaid tax.
22.21(d) In the case of property described in paragraph (a), clause (1), the property
22.22taxpayer must attach to the payment a statement that all the requirements for an extension
22.23under this section are met.
22.24 Sec. 26. AGRICULTURAL HOMESTEADS EXTENDED.
22.25Agricultural land and buildings that were homestead property under Minnesota
22.26Statutes, section 273.13, subdivision 23, paragraph (a), for the 2012 assessment shall
22.27remain classified agricultural homesteads for assessment years 2013 and 2014 if:
22.28(1) the property owner abandoned the homestead dwelling located on the agricultural
22.29homestead as a result of damage caused by the floods;
22.30(2) the property is located in an area designated, and approved by the executive
22.31council, as a "disaster or emergency area" under Minnesota Statutes, section 273.1231,
22.32based on damages to properties caused by the floods;
22.33(3) the agricultural land and buildings remain under the same ownership for the
22.34current assessment year as existed for the 2012 assessment year;
23.1(4) the dwelling occupied by the owner is located in this state and is within 50 miles
23.2of one of the parcels of agricultural land that is owned by the taxpayer; and
23.3(5) the owner notifies the county assessor that the relocation was due to the floods,
23.4and the owner furnishes the assessor any information deemed necessary by the assessor
23.5in verifying the change in homestead dwelling. For taxes payable in 2014, the owner
23.6must notify the assessor by December 1, 2013. Further notifications to the assessor are
23.7not required if the property continues to meet all the requirements in this paragraph and
23.8any dwellings on the agricultural land remain uninhabited.
23.9 Sec. 27. ABATEMENT AND CREDIT APPLICATIONS WAIVED.
23.10(a) Notwithstanding Minnesota Statutes, section 273.1232, subdivision 1, by
23.11October 1, 2012, each assessor shall cause to be reassessed the properties in the assessor's
23.12jurisdiction located in an area that would qualify to be designated a "disaster or emergency
23.13area" under Minnesota Statutes, section 273.1231, if the designation were to be based
23.14solely on the damages to properties caused by the floods and irrespective of executive
23.16(b) Notwithstanding contrary provisions contained in Minnesota Statutes, sections
23.17273.1233 to 273.1235, the requirements in those sections for an application by the
23.18property owner or property taxpayer are waived for properties located in an area that is
23.19designated, and approved by the executive council, a "disaster or emergency area" under
23.20Minnesota Statutes, section 273.1231, as a result of the damages to properties caused by
23.21the floods. Before December 14, 2012, each county assessor shall notify the taxpayers or
23.22owners of the affected parcels.
23.23 Sec. 28. TRANSFERS, REDUCTIONS, CANCELLATIONS, AND BOND SALE
23.25(a) The remaining balance of the appropriation in Laws 2010, Second Special
23.26Session chapter 1, article 1, section 7, for the economic development and housing
23.27challenge program, estimated to be $450,000, is transferred to the general fund.
23.28(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
23.29section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section
23.3012A.07, is reduced by $1,358,000.
23.31(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
23.32section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota
23.33Statutes, section 12A.06, is reduced by $30,000.
24.1(d) The appropriation in Laws 2010, Second Special Session chapter 1, article
24.21, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota
24.3Statutes, section 12A.06, is reduced by $392,000.
24.4(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
24.5section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota
24.6Statutes, section 12A.06, is reduced by $2,000.
24.7(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
24.8section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes,
24.9section 12A.06, is reduced by $5,000.
24.10(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2,
24.11section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes,
24.12section 12A.06, is reduced by $271,000.
24.13(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
24.14section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08,
24.15is reduced by $103,000.
24.16(i) $1,428,000 of the appropriation in Laws 2007, First Special Session chapter
24.172, article 1, section 4, subdivision 3, for reconstruction and repair of trunk highways
24.18and trunk highway bridges is canceled. The bond sale authorization in Laws 2007, First
24.19Special Session chapter 2, article 1, section 15, subdivision 2, is reduced by $1,428,000.
24.20(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2,
24.21article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for
24.22grants to local governments for capital costs related to rehabilitation and replacement of
24.23local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes,
24.24section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special
24.25Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
24.26(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1,
24.27article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement
24.28pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond
24.29sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17,
24.30subdivision 2, is reduced by $2,133,000.
24.31(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
24.32section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant
24.33to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.
24.34 Sec. 29. BUDGET RESERVE ACCOUNT; NOVEMBER 2012 FORECAST.
25.1Notwithstanding any requirements of Minnesota Statutes, section 16A.152,
25.2subdivision 2, to the contrary, the budget reserve account requirement, under Minnesota
25.3Statutes, section 16A.152, subdivision 2, paragraph (a), clause (2), for the November 2012
25.4budget forecast, is $612,236,000.
25.5 Sec. 30. BUDGET RESERVE ACCOUNT; REDUCTION.
25.6The commissioner of management and budget shall reduce the amount in the budget
25.7reserve account established under Minnesota Statutes, section 16A.152, subdivision 1a, by
25.9 Sec. 31. EFFECTIVE DATE.
25.10This article is effective the day following final enactment.
25.22 Sec. 2. APPROPRIATIONS.
25.23The sums shown in the column under "Appropriations" are appropriated from
25.24the general fund or other named fund for relief as specified in this article from the
25.25windstorms that occurred on or after July 2, 2012, in Beltrami, Clearwater, Hubbard,
25.26Itasca, Koochiching, St. Louis, and Cass Counties, and to the Leech Lake and Bois Forte
25.27bands of Ojibwe. Unless otherwise specified, money appropriated in this act for a capital
25.28program or project may be used to pay state agency staff costs that are attributed directly
25.29to the capital program or project in accordance with accounting policies adopted by the
25.30commissioner of management and budget. Unless otherwise specified, the appropriations
25.31included in this article are available through June 30, 2015, except that appropriations
25.32of bond proceeds for capital improvements are available until the project is completed
26.1or abandoned, subject to Minnesota Statutes, section 16A.642. The appropriations in
26.2this article are onetime.
26.7of public safety for reimbursement of
26.8eligible costs for applicants in the affected
26.9counties as a result of damages incurred. The
26.10appropriations in this section do not lapse,
26.11notwithstanding the provisions of Minnesota
26.12Statutes, section 16A.28.
26.16for the purposes specified in the following
26.20of lands damaged by natural causes under
26.21Minnesota Statutes, section 89.002. Money
26.22appropriated in this section may be used to
26.23pay state agency staff costs that are attributed
26.24directly to the capital program.
26.27sales and to replace lost revenue. This
26.28appropriation is from the general fund.
26.29 Sec. 5. BOND SALE AUTHORIZATION.
26.30 To provide the money appropriated in this article from the bond proceeds fund, the
26.31commissioner of management and budget, at the request of the commissioner of public
27.1safety, shall sell and issue bonds of the state in an amount up to $994,000 in the manner,
27.2upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to
27.316A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.
27.4 Sec. 6. EFFECTIVE DATE.
27.5This article is effective the day following final enactment.