Minnesota Session Laws - 2010, 2nd Special Session

CHAPTER 1--H.F.No. 1

An act

relating to disaster assistance; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; authorizing the sale of state bonds; providing flood loss aid and property tax relief; making cash flow and other budgetary adjustments; appropriating money for flood and tornado relief;

amending Laws 2008, chapter 152, article 2, section 3, subdivision 2, as amended; repealing Laws 2010, First Special Session chapter 1, article 24, sections 1; 2; 3.

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

ARTICLE 1

FLOOD DISASTER RELIEF

Section 1.

new text begin DISASTER RELIEF APPROPRIATION SUMMARY. new text end

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

new text begin SUMMARY new text end
new text begin Public Safety new text end	new text begin $ new text end	new text begin 12,000,000 new text end
new text begin Transportation new text end		new text begin 15,000,000 new text end
new text begin Employment and Economic Development new text end		new text begin 10,000,000 new text end
new text begin Public Facilities Authority new text end		new text begin 500,000 new text end
new text begin Housing Finance new text end		new text begin 4,000,000 new text end
new text begin Historical Society new text end		new text begin 250,000 new text end
new text begin Natural Resources new text end		new text begin 14,000,000 new text end
new text begin Board of Water and Soil Resources new text end		new text begin 13,000,000 new text end
new text begin Agriculture new text end		new text begin 4,000,000 new text end
new text begin Education new text end		new text begin 523,000 new text end
new text begin Health new text end		new text begin 250,000 new text end
new text begin Bond Sale Expenses new text end		new text begin 40,000 new text end
new text begin TOTAL new text end	new text begin $ new text end	new text begin 73,563,000 new text end
new text begin General Fund new text end		new text begin 32,523,000 new text end
new text begin Bond Proceeds Fund new text end		new text begin 26,040,000 new text end
new text begin Trunk Highway Fund new text end		new text begin 5,000,000 new text end
new text begin State Transportation Fund new text end		new text begin 10,000,000 new text end

Sec. 2. new text begin DISASTER RELIEF APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Appropriations. new text end

new text begin The sums shown in the column under "Appropriations" are appropriated from the bond proceeds fund to be spent to acquire and to better publicly owned land and buildings and other public improvements of a capital nature, and from other named funds, for relief as specified in this article from the storms and flooding that occurred on or after September 22, 2010, in the area in Minnesota designated under Presidential Declaration of a Major Disaster FEMA-1941-DR, whether included in the original declarations or added later by federal government action, referred to in this article as "the area included in DR-1941." The flooding that resulted from storms that occurred September 22 through September 24, 2010, is referred to as "the floods" in sections 18 to 21. Unless otherwise specified, the appropriations included in this article are available through June 30, 2013, except that appropriations of bond proceeds for capital improvements are available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642. The appropriations in this article are onetime. new text end

new text begin Subd. 2. new text end

new text begin Transfers. new text end

new text begin Money appropriated under this article may be transferred as provided in Minnesota Statutes, section 12A.03, subdivision 5. new text end

new text begin APPROPRIATIONS new text end

Sec. 3. new text begin PUBLIC SAFETY new text end

new text begin State and Local Match new text end

new text begin $ new text end

new text begin 12,000,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end		new text begin 10,000,000 new text end
new text begin Bond Proceeds new text end		new text begin 2,000,000 new text end

new text begin To the commissioner of public safety for the state and local match for federal disaster assistance to state agencies and other eligible applicants under Minnesota Statutes, sections 12.221 and 12A.15. new text end

new text begin The appropriation from the bond proceeds fund under Minnesota Statutes, section 12A.15, subdivision 1, is available to fund 100 percent of the state and local match obligations for publicly owned capital improvement projects incurred through the receipt of federal disaster assistance. new text end

Sec. 4. new text begin TRANSPORTATION 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 new text end

new text begin $ new text end

new text begin 15,000,000 new text end

new text begin Appropriations by Fund new text end
new text begin Trunk Highway new text end		new text begin 5,000,000 new text end
new text begin Transportation new text end		new text begin 10,000,000 new text end

new text begin To the commissioner of transportation for the purposes specified in Minnesota Statutes, section 12A.16. 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 State Road Infrastructure Operations and Maintenance new text end

new text begin $ new text end

new text begin 5,000,000 new text end

new text begin From the trunk highway fund, for the purposes specified in Minnesota Statutes, section 12A.16, subdivision 1. This is in addition to the appropriation made in Laws 2009, chapter 36, article 1, section 3. new text end

new text begin Subd. 3. new text end new text begin Local Road and Bridge Rehabilitation and Replacement new text end

new text begin $ new text end

new text begin 10,000,000 new text end

new text begin From the bond proceeds account in the state transportation fund for grants under Minnesota Statutes, sections 12A.16, subdivision 3, including necessary demolition and design costs; and 174.50, to local governments in the area included in DR-1941. new text end

Sec. 5. new text begin EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin Minnesota Investment Fund new text end

new text begin $ new text end

new text begin 10,000,000 new text end

new text begin From the general fund to the commissioner of employment and economic development for Minnesota investment fund grants pursuant to Minnesota Statutes, section 12A.07. new text end

new text begin Before any grants under this section are awarded to a local unit of government, the commissioner of employment and economic development shall report to the chairs and ranking minority members of the senate Finance Committee and house of representatives Finance Committee and Ways and Means Committee the criteria and requirements to be used by local units of government in the grant or loan programs they will administer. new text end

Sec. 6. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin To the Public Facilities Authority for grants under Minnesota Statutes, section 12A.14. new text end

Sec. 7. new text begin HOUSING FINANCE new text end

new text begin Economic Development and Housing Challenge Program new text end

new text begin $ new text end

new text begin 4,000,000 new text end

new text begin From the general fund to the Housing Finance Agency for transfer to the housing development fund for the economic development and housing challenge program under Minnesota Statutes, section 462A.33, for assistance in the area included in DR-1941, in counties for which Small Business Administration assistance to homeowners is available, as provided in Minnesota Statutes, section 12A.09. The maximum loan amount per housing structure is $30,000. Within the limits of available appropriations, the agency may increase the maximum amount if the cost of repair or replacement of the residential property exceeds the total of the maximum loan amount and any assistance available from FEMA, other federal government agencies including the Small Business Administration, and private insurance and flood insurance benefits. new text end

new text begin For assistance under this section, the requirements of Minnesota Statutes, section 462A.33, subdivisions 3 and 5, and Minnesota Rules, part 4900.3632, are waived. new text end

Sec. 8. new text begin MINNESOTA HISTORICAL SOCIETY new text end

new text begin $ new text end

new text begin 250,000 new text end

new text begin To the Minnesota Historical Society for activities under Minnesota Statutes, section 12A.11. This appropriation is from the general fund. new text end

Sec. 9. new text begin NATURAL RESOURCES 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 14,000,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end		new text begin 500,000 new text end
new text begin Bond Proceeds new text end		new text begin 13,500,000 new text end

new text begin To the commissioner of natural resources for the purposes specified in Minnesota Statutes, section 12A.12. 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 Facility Damage new text end

new text begin $ new text end

new text begin 2,500,000 new text end

new text begin For the purposes specified in Minnesota Statutes, section 12A.12, subdivision 1, in the area included in DR-1941. new text end

new text begin Subd. 3. new text end new text begin Flood Hazard Mitigation Grants new text end

new text begin $ new text end

new text begin 10,000,000 new text end

new text begin For the purposes specified in Minnesota Statutes, section 12A.12, subdivision 2, in the area included in DR-1941. new text end

new text begin Any municipality in the DR-1941 area is eligible for fiscal year 2009 and fiscal year 2010 flood hazard mitigation grant appropriations under Laws 2009, chapter 93, article 1, section 5, subdivision 3, and Laws 2010, chapter 189, section 7, subdivision 3. new text end

new text begin Subd. 4. new text end new text begin Flood Response and Recovery new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin For expenditures in the area included in DR-1941 including removal of flood debris from public waters and the installation and repair of flood warning gauges. This appropriation is from the general fund. new text end

new text begin Subd. 5. new text end new text begin Dam Renovation and Removal new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin To provide cost share for the renovation or removal of publicly owned dams in the DR-1941 area under Minnesota Statutes, sections 103G.511 and 103G.515. new text end

new text begin Subd. 6. new text end new text begin Grant Extension new text end

new text begin Any existing state grant agreement of the commissioner of natural resources in the disaster area may be extended for up to two years. new text end

Sec. 10. new text begin BOARD OF WATER AND SOIL RESOURCES 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 13,000,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end		new text begin 3,000,000 new text end
new text begin Bond Proceeds new text end		new text begin 10,000,000 new text end

new text begin To the Board of Water and Soil Resources for the purposes specified in Minnesota Statutes, section 12A.05. 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 Reinvest in Minnesota (RIM) Conservation Easements new text end

new text begin 10,000,000 new text end

new text begin For the purposes specified in Minnesota Statutes, section 12A.05, subdivision 1, in the area included in DR-1941. Up to ten percent of this appropriation may be used by the board for eligible capital costs to implement the program. new text end

new text begin Subd. 3. new text end new text begin Erosion, Sediment, and Water Quality Control Cost-Share Program new text end

new text begin 3,000,000 new text end

new text begin From the general fund for the purposes specified in Minnesota Statutes, section 12A.05, subdivision 2, in the area included in DR-1941. new text end

new text begin Subd. 4. new text end new text begin Grant Extensions new text end

new text begin The clean water fund appropriations in fiscal years 2010 and 2011 to the Board of Water and Soil Resources in Laws 2009, chapter 172, article 2, section 6, and Laws 2010, chapter 361, article 2, section 6, are available until June 30, 2013, in the area included in DR-1941, and related grant agreements are extended for one year unless otherwise amended by the board. new text end

new text begin Subd. 5. new text end new text begin Flood Areas new text end

new text begin The Board of Soil and Water Resources, with the cooperation of the commissioner of natural resources, shall provide testimony to the chairs of the senate and house finance committees, by March 1, 2011, with an analysis of recent flood events in Minnesota that have been the subject of a federal disaster declaration, and shall make an estimate as to the likelihood of such events occurring in the future. This testimony shall include estimates of rainfall that may cause future flooding, areas that will be prone to flooding, and the volume of water that will need to be stored or retained for prevention. new text end

Sec. 11. new text begin AGRICULTURE new text end

new text begin $ new text end

new text begin 4,000,000 new text end

new text begin To the commissioner of agriculture for the purposes specified in Minnesota Statutes, section 12A.04. This appropriation is from the general fund. new text end

Sec. 12. new text begin EDUCATION 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 523,000 new text end

new text begin From the general fund to the commissioner of education for additional costs and loss of pupil units in the area included in DR-1941. 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 Disaster Enrollment Impact Aid new text end

new text begin 30,000 new text end

new text begin For disaster enrollment impact aid under Minnesota Statutes, section 12A.06, subdivision 1, calculated at a rate of $5,924 per pupil in average daily membership lost during fiscal year 2011. new text end

new text begin Subd. 3. new text end new text begin Disaster Relief Facilities Grants new text end

new text begin 486,000 new text end

new text begin For disaster relief facilities grants under Minnesota Statutes, section 12A.06, subdivision 2. new text end

new text begin Subd. 4. new text end new text begin Disaster Relief Operating Grants new text end

new text begin 2,000 new text end

new text begin For disaster relief operating grants under Minnesota Statutes, section 12A.06, subdivision 3. new text end

new text begin Subd. 5. new text end new text begin Pupil Transportation Aid new text end

new text begin 5,000 new text end

new text begin For pupil transportation grants under Minnesota Statutes, section 12A.06, subdivision 4. new text end

Sec. 13. new text begin HEALTH new text end

new text begin $ new text end

new text begin 250,000 new text end

new text begin To the commissioner of health for public health activities under Minnesota Statutes, section 12A.08. This appropriation is from the general fund. new text end

Sec. 14. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Consistent with Minnesota Statutes, section 12A.13, the commissioner may use the petroleum tank release cleanup fund at an estimated cost of $400,000 to safely rehabilitate buildings if a portion of the rehabilitation cost is attributable to petroleum contamination or to buy out property substantially damaged by a petroleum tank release. new text end

Sec. 15. new text begin BOND SALE EXPENSES new text end

new text begin $ new text end

new text begin 40,000 new text end

new text begin To the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. new text end

Sec. 16.

Laws 2008, chapter 152, article 2, section 3, subdivision 2, as amended by Laws 2010, chapter 189, section 53, is amended to read:

Subd. 2. State Road Construction

1,717,694,000

(a) For the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities. This includes the cost of actual payments to landowners for lands acquired for highway rights-of-way, payments to lessees, interest subsidies, and relocation expenses. This appropriation is in the following amounts:

(1) $417,694,000 in fiscal year 2009, and the commissioner may use up to $71,008,000 of this amount for program delivery;

(2) $500,000,000 in fiscal year 2010, and the commissioner may use up to $85,000,000 of this amount for program delivery;

(3) $200,000,000 in each fiscal year for fiscal years 2011 and 2012, and the commissioner may use up to $34,000,000 of the amount in each fiscal year for program delivery; and

(4) $100,000,000 in each fiscal year for fiscal years 2013 through 2016, and the commissioner may use up to $17,000,000 of the amount in each fiscal year for program delivery.

(b) Of the amount in fiscal year 2009, $40,000,000 is for construction of interchanges involving a trunk highway, where the interchange will promote economic development, increase employment, relieve growing traffic congestion, and promote traffic safety. The amount under this paragraph must be allocated 50 percent to the department's metropolitan district, and 50 percent to districts in greater Minnesota.

(c) Of the amount in fiscal years 2009 and 2010, the commissioner shall use $300,000,000 each year for predesign, design, preliminary engineering, right-of-way acquisition, construction, reconstruction, and maintenance of bridges in the trunk highway bridge improvement program under Minnesota Statutes, section 165.14.

(d) Of the total appropriation under this subdivision, the commissioner shall use at least $50,000,000 for accelerating transit facility improvements on or adjacent to trunk highways.

(e) Of the total appropriation under this subdivision provided to the Department of Transportation's district 7, the commissioner shall first expend funds as necessary to accelerate all projects that (1) are on a trunk highway classified as a medium priority interregional corridor, (2) are included in the district's long-range transportation plan, but are not included in the state transportation improvement program or the ten-year highway work plan, and (3) expand capacity from a two-lane highway to a freeway or expressway, as defined in Minnesota Statutes, section 160.02, subdivision 19. The commissioner shall establish as the highest priority under this paragraph any project that currently has a final environmental impact statement completed. The requirement under this paragraph does not change the department's funding allocation process or the amount otherwise allocated to each transportation district new text begin , except that expenditures for repair or replacement of flood damaged infrastructure are exempt from the requirements under this paragraph new text end .

(f) The appropriation in this subdivision cancels as specified under Minnesota Statutes, section 16A.642, except that the commissioner of management and budget shall count the start of authorization for issuance of state bonds as the first day of the fiscal year during which the bonds are to be issued, as specified under paragraph (a), clause (1), (2), (3), or (4), respectively, and not as the date of enactment of this subdivision.

Sec. 17.

new text begin BOND SALE AUTHORIZATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Bond proceeds fund. new text end

new text begin To provide the money appropriated in this article from the bond proceeds fund, the commissioner of management and budget, at the request of the commissioner of public safety, shall sell and issue bonds of the state in an amount up to $26,040,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. new text end

new text begin Subd. 2. new text end

new text begin Transportation fund. new text end

new text begin To provide the money appropriated in this article from the state transportation fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $10,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund. new text end

Sec. 18.

new text begin 2010 FLOOD LOSS; CITY REPLACEMENT AID. new text end

new text begin Subdivision 1. new text end

new text begin Flood net tax capacity loss. new text end

new text begin The county assessor of each qualified county shall compute a "flood net tax capacity loss" for each city equal to the net tax capacity reduction resulting from the reassessments under section 21. A county assessor of a qualified county that contains a city that has a flood net tax capacity loss that exceeds five percent of its assessment year 2010 total taxable net tax capacity shall certify the city's flood net tax capacity loss to the commissioner of revenue by August 1, 2011. new text end

new text begin As used in this section, a "qualified county" is a county located within the area included in a disaster or emergency area that is designated and approved by the executive council under Minnesota Statutes, section 273.1231, as a result of the floods. new text end

new text begin Subd. 2. new text end

new text begin Flood loss aid. new text end

new text begin In 2012, each city with a flood net tax capacity loss equal to or greater than five percent of its assessment year 2010 total taxable net tax capacity is entitled to flood loss aid equal to the flood net tax capacity loss times the city's average local tax rate for taxes payable in 2010. new text end

new text begin Subd. 3. new text end

new text begin Duties of commissioner. new text end

new text begin The commissioner of revenue shall determine each city's aid amount under this section. The commissioner shall notify each eligible city of its flood loss aid amount by August 15, 2011. The commissioner shall make payments to each city after July 1, 2012, and before July 20, 2012. new text end

new text begin Subd. 4. new text end

new text begin Optional city expenditure. new text end

new text begin A city that receives aid under this section may choose to expend a portion of the aid received for repair of county roads located within the city. new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin The amount necessary to pay the aid amounts under this section in fiscal year 2013, for calendar year 2012, is appropriated to the commissioner of revenue from the general fund. new text end

Sec. 19.

new text begin DISASTER AREA; WAIVING PROPERTY TAX PENALTIES FOR BUSINESS AND DAMAGED PROPERTIES. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 279.01, subdivision 1, but subject to the provisions of this section, a penalty does not accrue on the second half of the payable 2010 property taxes on either: (1) class 3a or 3b property, as classified under Minnesota Statutes, section 273.13, subdivision 24, that is located in a county that includes an area that would qualify to be designated as a "disaster or emergency area" under Minnesota Statutes, section 273.1231, if the designation were to be based solely on the damages to properties resulting from the floods and irrespective of executive council approval; or (2) any property that suffered damage of 50 percent or more as a result of the floods. new text end

new text begin (b) To qualify for this extended due date for the second half payment: (1) the taxpayer must have been unable to make the payment due to circumstances related to the floods; and (2) the taxpayer must have paid the first half of the payable 2010 taxes by May 16, 2010, and must pay the second half of the payable 2010 taxes by December 30, 2010. new text end

new text begin (c) If the second half of the payable 2010 property taxes is paid after December 30, 2010, then all penalties that would have occurred since the due date under Minnesota Statutes, section 279.01, subdivision 1, must be charged on the amount of the unpaid tax. new text end

new text begin (d) In the case of property described in paragraph (a), clause (1), the property taxpayer must attach to the payment a statement that all the requirements for an extension under this section are met. new text end

Sec. 20.

new text begin AGRICULTURAL HOMESTEADS EXTENDED. new text end

new text begin Agricultural land and buildings that were homestead property under Minnesota Statutes, section 273.13, subdivision 23, paragraph (a), for the 2010 assessment shall remain classified agricultural homesteads for assessment years 2011 and 2012 if: new text end

new text begin (1) the property owner abandoned the homestead dwelling located on the agricultural homestead as a result of damage caused by the floods; new text end

new text begin (2) the property is located in an area designated, and approved by the executive council, as a "disaster or emergency area" under Minnesota Statutes, section 273.1231, based on damages to properties caused by the floods; new text end

new text begin (3) the agricultural land and buildings remain under the same ownership for the current assessment year as existed for the 2010 assessment year; new text end

new text begin (4) the dwelling occupied by the owner is located in this state and is within 50 miles of one of the parcels of agricultural land that is owned by the taxpayer; and new text end

new text begin (5) the owner notifies the county assessor that the relocation was due to the floods, and the owner furnishes the assessor any information deemed necessary by the assessor in verifying the change in homestead dwelling. For taxes payable in 2012, the owner must notify the assessor by December 1, 2011. Further notifications to the assessor are not required if the property continues to meet all the requirements in this paragraph and any dwellings on the agricultural land remain uninhabited. new text end

Sec. 21.

new text begin ABATEMENT AND CREDIT APPLICATIONS WAIVED. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 273.1232, subdivision 1, by November 1, 2010, each assessor shall cause to be reassessed the properties in their jurisdiction located in an area that would qualify to be designated as a "disaster or emergency area" under Minnesota Statutes, section 273.1231, if the designation were to be based solely on the damages to properties caused by the floods and irrespective of executive council approval. new text end

new text begin (b) Notwithstanding contrary provisions contained in Minnesota Statutes, sections 273.1233 to 273.1235, the requirements in those sections for an application by the property owner or property taxpayer are waived for properties located in an area that is designated, and approved by the executive council, as a "disaster or emergency area" under Minnesota Statutes, section 273.1231, as a result of the damages to properties caused by the floods. Before December 30, 2010, each county assessor shall notify the taxpayers or owners of the affected parcels. new text end

Sec. 22.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

WADENA TORNADO

Section 1. new text begin DISASTER RELIEF APPROPRIATION SUMMARY. new text end

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

new text begin SUMMARY new text end
new text begin Public Safety new text end	new text begin $ new text end	new text begin 5,200,000 new text end
new text begin Employment and Economic Development new text end		new text begin 750,000 new text end
new text begin Education new text end		new text begin 693,000 new text end
new text begin TOTAL new text end	new text begin $ new text end	new text begin 6,643,000 new text end
new text begin General Fund new text end		new text begin 5,893,000 new text end
new text begin Bond Proceeds Fund new text end		new text begin 750,000 new text end

Sec. 2. new text begin DISASTER RELIEF APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Appropriations. new text end

new text begin The sums shown in the column under "Appropriations" are appropriated from the bond proceeds fund to be spent to acquire and to better publicly owned land and buildings and other public improvements of a capital nature, and from other named funds, for relief as specified in this article from the tornadoes, storms, and flooding that occurred on or after June 17, 2010, in the area in Minnesota designated under Presidential Declaration of a Major Disaster FEMA-1921-DR, whether included in the original declarations or added later by federal government action, referred to in this article as "the area included in DR-1921." Unless otherwise specified, the appropriations included in this article are available through June 30, 2013, except that appropriations of bond proceeds for capital improvements are available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642. The appropriations in this article are onetime. new text end

new text begin Subd. 2. new text end

new text begin Transfers. new text end

new text begin Money appropriated under this article may be transferred as provided in Minnesota Statutes, section 12A.03, subdivision 5. new text end

new text begin APPROPRIATIONS new text end

Sec. 3. new text begin PUBLIC SAFETY new text end

new text begin State and Local Match new text end

new text begin $ new text end

new text begin 5,200,000 new text end

new text begin To the commissioner of public safety for the state and local match for federal disaster assistance to state agencies and other eligible applicants under Minnesota Statutes, section 12.221. This appropriation is from the general fund. new text end

Sec. 4. new text begin EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin Wadena Public Facilities new text end

new text begin $ new text end

new text begin 750,000 new text end

new text begin To the commissioner of employment and economic development for a grant to the city of Wadena to predesign and design public facilities to replace facilities destroyed in the June 17, 2010, tornado. To increase the potential for long-term savings, the predesign must consider sharing services and colocating facilities with Wadena High School. new text end

Sec. 5. new text begin EDUCATION 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 693,000 new text end

new text begin From the general fund to the commissioner of education for operating expenses and additional costs in the area included in DR-1921. 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 Disaster Relief Operating Grants new text end

new text begin 314,000 new text end

new text begin For disaster relief operating grants under Minnesota Statutes, section 12A.06, subdivision 3. new text end

new text begin Subd. 3. new text end new text begin Pupil Transportation Aid new text end

new text begin 379,000 new text end

new text begin For pupil transportation grants under Minnesota Statutes, section 12A.06, subdivision 4. new text end

Sec. 6.

new text begin BOND SALE AUTHORIZATION. new text end

new text begin To provide the money appropriated in this article from the bond proceeds fund, the commissioner of management and budget, at the request of the commissioner of public safety, shall sell and issue bonds of the state in an amount up to $750,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. new text end

Sec. 7.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

CASH FLOW AND BUDGET RESERVE

Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13, as amended by Laws 2009, chapter 173, article 2, and Laws 2010, First Special Session chapter 1, to the agencies and for the purposes specified in this article. The appropriations are from the general fund or the health care access fund as specified and are available for the fiscal years indicated for each purpose. The figures "2010" and "2011" as used in this article mean that the addition to or subtraction from the appropriation listed under the figures "2010" and "2011" is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2011, are effective the day following final enactment unless a different effective date is explicit. 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 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin HUMAN SERVICES 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 (236,98 new text end new text begin 3 new text end new text begin ,000) new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end		new text begin (230,910,000) new text end
new text begin Health Care Access new text end		new text begin (6,073,000) new text end

new text begin Subd. 2. new text end new text begin Basic Health Care Grants new text end

new text begin The amounts that may be spent from this appropriation for each purpose are as follows: new text end

new text begin (a) MinnesotaCare Grants new text end

new text begin (6,073,000) new text end

new text begin This reduction is from the appropriation in the health care access fund. new text end

( new text begin b) Medical Assistance Basic Health Care Grants - Families and Children new text end

new text begin (63,171,000) new text end

new text begin (c) Medical Assistance Basic Health Care Grants - Elderly and Disabled new text end

new text begin (70,163,000) new text end

new text begin Subd. 3. new text end new text begin Continuing Care Grants new text end

new text begin (a) Medical Assistance - Long-Term Care Facilities Grants new text end

new text begin (28,202,000) new text end

new text begin (b) Medical Assistance Grants - Long-Term Care Waivers and Home Care Grants new text end

new text begin (69,112,000) new text end

new text begin (c) Chemical Dependency Entitlement Grants new text end

new text begin (262,000) new text end

Sec. 3.

new text begin CONTINGENT REDUCTION; CASH FLOW ACCOUNT. new text end

new text begin Prior to reducing allotments in fiscal year 2011 under Minnesota Statutes, section 16A.152, the commissioner of management and budget shall cancel to the general fund from the cash flow account established in Minnesota Statutes, section 16A.152, subdivision 1, an amount equal to the general fund appropriations in articles 1 and 2. new text end

Sec. 4.

new text begin BALANCE CARRIED FORWARD. new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.152, subdivision 2, any positive unrestricted general fund balance on June 30, 2011, is carried forward in the general fund to fiscal year 2012. new text end

Sec. 5.

new text begin REPEALER. new text end

new text begin Laws 2010, First Special Session chapter 1, article 24, sections 1; 2; and 3, new text end new text begin are repealed. new text end

Sec. 6.

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor October 18, 2010

Signed by the governor October 18, 2010, 5:40 p.m.