Bill Text: MN HF3273 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Omnibus public safety bill.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2014-03-27 - Committee report, to adopt as amended and re-refer to Ways and Means [HF3273 Detail]
Download: Minnesota-2013-HF3273-Engrossed.html
1.2relating to public safety; making supplemental appropriations for public safety
1.3and corrections; modifying certain statutory provisions related to victims of
1.4domestic violence and sentencing for criminal sexual conduct in the fifth
1.5degree; continuing the Fire Service Advisory Committee; providing for disaster
1.6assistance for public entities when federal aid is granted and when federal
1.7aid is absent;amending Minnesota Statutes 2012, sections 12.03, by adding
1.8subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision
1.92, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.84,
1.10subdivisions 5, 6; 16A.28, by adding a subdivision; 243.167, subdivision 1;
1.11299F.012, subdivisions 1, 2; 609.135, subdivision 2; 609.3451, subdivision 3;
1.12611A.06, by adding a subdivision; Laws 2009, chapter 83, article 1, section 10,
1.13subdivision 7; Laws 2013, chapter 86, article 1, section 13; proposing coding for
1.14new law as Minnesota Statutes, chapter 12B.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19The amounts shown in this section summarize direct appropriations, by fund, made
1.20in this article.
2.1The sums shown in the columns marked "Appropriations" are added to the
2.2appropriations in Laws 2013, chapter 86, article 1, to the agencies and for the purposes
2.3specified in this article. The appropriations are from the general fund, or another named
2.4fund, and are available for the fiscal years indicated for each purpose. The figures "2014"
2.5and "2015" used in this article mean that the addition to the appropriation listed under
2.6them is available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
2.7Supplemental appropriations for the fiscal year ending June 30, 2014, are effective the
2.8day following final enactment.
2.19The amounts that may be spent for each
2.20purpose are specified in the following
2.21subdivisions.
2.23This appropriation is from the state
2.24government special revenue fund for 911
2.25emergency telecommunications services.
2.27(a) $300,000 in 2015 is for grants to
2.28fund emergency shelter, housing, or
2.29advocacy services targeted to culturally
2.30specific programming for newer immigrant
2.31populations. The funds must be awarded
2.32to a program or programs that demonstrate
2.33leadership in the community to be served.
2.34This appropriation is added to the base.
3.1(b) $300,000 in 2015 is for grants to sexual
3.2assault advocacy programs for sexual
3.3violence community prevention networks.
3.4For purposes of this section, "sexual
3.5assault" means a violation of Minnesota
3.6Statutes, sections 609.342 to 609.3453. This
3.7appropriation is added to the base.
3.8(c) $50,000 in 2015 is for training state
3.9and local community safety personnel in
3.10the use of crisis de-escalation techniques
3.11for use with Minnesota veterans following
3.12their return from active military service in
3.13a combat zone. The commissioner must
3.14consult with the director of the Minnesota
3.15Peace Officer Standards and Training Board,
3.16and may consult with any other state or local
3.17governmental official or nongovernmental
3.18authority the commissioner determines
3.19to be relevant, to include postsecondary
3.20institutions, when selecting a service provider
3.21for this training. Among any other criteria
3.22the commissioner may establish for the
3.23selection, the training provider must have a
3.24demonstrated understanding of the transitions
3.25and challenges that veterans may experience
3.26during their re-entry into society following
3.27combat service. The commissioner must
3.28ensure that training opportunities provided
3.29are reasonably distributed statewide. This is
3.30a onetime appropriation.
3.32$5,661,000 in 2015 is for the disaster
3.33assistance contingency account in Minnesota
3.34Statutes, section 12.221. These funds are
3.35available until spent.
4.2$1,300,000 in 2014 is appropriated from the
4.3fire safety account in the special revenue
4.4fund to the commissioner of public safety
4.5for activities and programs under Minnesota
4.6Statutes, section 299F.012. This is a onetime
4.7appropriation. By January 15, 2015, the
4.8commissioner shall report to the chairs and
4.9ranking minority members of the legislative
4.10committees with jurisdiction over the fire
4.11safety account regarding the balances and
4.12uses of the account.
4.15The amounts that may be spent for each
4.16purpose are specified in the following
4.17subdivisions.
4.19This includes a onetime appropriation of
4.20$11,089,000.
4.23 Sec. 5. Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:
4.25This appropriation is from the state
4.26government special revenue fund for 911
4.27emergency telecommunications services.
4.28(a) Public Safety Answering Points.
4.29$13,664,000 each year is to be distributed
4.30as provided in Minnesota Statutes, section
4.31403.113, subdivision 2
.
5.1(b) Medical Resource Communication
5.2Centers. $683,000 each year is for grants
5.3to the Minnesota Emergency Medical
5.4Services Regulatory Board for the Metro
5.5East and Metro West Medical Resource
5.6Communication Centers that were in
5.7operation before January 1, 2000.
5.8(c) ARMER Debt Service. $17,557,000 the
5.9first year and $23,261,000 the second year
5.10are to the commissioner of finance to pay
5.11debt service on revenue bonds issued under
5.12Minnesota Statutes, section403.275 .
5.13Any portion of this appropriation not needed
5.14to pay debt service in a fiscal year may be
5.15used by the commissioner of public safety to
5.16pay cash for any of the capital improvements
5.17for which bond proceeds were appropriated
5.18by Laws 2005, chapter 136, article 1, section
5.199, subdivision 8, or Laws 2007, chapter 54,
5.20article 1, section 10, subdivision 8.
5.21(d) Metropolitan Council Debt Service.
5.22$1,410,000 each year is to the commissioner
5.23of finance for payment to the Metropolitan
5.24Council for debt service on bonds issued
5.25under Minnesota Statutes, section403.27 .
5.26(e) ARMER State Backbone Operating
5.27Costs. $5,060,000 each year is to the
5.28commissioner of transportation for costs
5.29of maintaining and operating the statewide
5.30radio system backbone.
5.31(f) ARMER Improvements. $1,000,000
5.32each year is for the Statewide Radio Board for
5.33costs of design, construction, maintenance
5.34of, and improvements to those elements
5.35of the statewide public safety radio and
6.1communication system that support mutual
6.2aid communications and emergency medical
6.3services or provide enhancement of public
6.4safety communication interoperability.
6.5(g) Next Generation 911. $3,431,000 the
6.6first year and $6,490,000 the second year
6.7are to replace the current system with the
6.8Next Generation Internet Protocol (IP) based
6.9network. This appropriation is available until
6.10expended. The base level of funding for
6.11fiscal year 2012 shall be $2,965,000.
6.12(h) Grants to Local Government.
6.13$5,000,000 the first year is for grants to
6.14local units of government to assist with
6.15the transition to the ARMER system. This
6.16appropriation is available until June 30, 2012.
6.17 Sec. 6. Laws 2013, chapter 86, article 1, section 13, is amended to read:
6.20(a) Excess Amounts Transferred
6.21This appropriation is from the peace officer
6.22training account in the special revenue fund.
6.23Any new receipts credited to that account in
6.24the first year in excess of $3,870,000 must be
6.25transferred and credited to the general fund.
6.26Any new receipts credited to that account in
6.27the second year in excess of $3,870,000 must
6.28be transferred and credited to the general
6.29fund.
6.30(b) Peace Officer Training
6.31Reimbursements
6.32$2,734,000 each year is for reimbursements
6.33to local governments for peace officer
6.34training costs.
7.1(c) Training; Sexually Exploited and
7.2Trafficked Youth
7.3Of the appropriation in paragraph (b),
7.4$100,000 the first year is for reimbursements
7.5to local governments for peace officer
7.6training costs on sexually exploited and
7.7trafficked youth, including effectively
7.8identifying sex trafficked victims and
7.9traffickers, investigation techniques, and
7.10assisting sexually exploited youth. These
7.11funds are available until June 30, 2016.
7.12Reimbursement shall be provided on a flat
7.13fee basis of $100 per diem per officer.
7.14EFFECTIVE DATE.This section is effective the day following final enactment.
7.17 Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
7.18 Subd. 5. Disclosure. Private or confidential court services data shall not be
7.19disclosed except:
7.20(a) pursuant to section13.05 ;
7.21(b) pursuant to a statute specifically authorizing disclosure of court services data;
7.22(c) with the written permission of the source of confidential data;
7.23(d) to the court services department, parole or probation authority or state or local
7.24correctional agency or facility having statutorily granted supervision over the individual
7.25subject of the data;
7.26(e) pursuant to subdivision 6;or
7.27(f) pursuant to a valid court order.; or
7.28(g) pursuant to section 611A.06, subdivision 6.
7.29EFFECTIVE DATE.This section is effective January 1, 2015.
7.30 Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
8.1 Subd. 6. Public benefit data. (a) The responsible authority or its designee of a
8.2parole or probation authority or correctional agency may release private or confidential
8.3court services data related to:
8.4(1) criminal acts to any law enforcement agency, if necessary for law enforcement
8.5purposes; and
8.6(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
8.7extent that the data are necessary for the victim to assert the victim's legal right to restitution.
8.8(b) A parole or probation authority, a correctional agency, or agencies that provide
8.9correctional services under contract to a correctional agency may release to a law
8.10enforcement agency the following data on defendants, parolees, or probationers: current
8.11address, dates of entrance to and departure from agency programs, and dates and times of
8.12any absences, both authorized and unauthorized, from a correctional program.
8.13(c) The responsible authority or its designee of a juvenile correctional agency may
8.14release private or confidential court services data to a victim of a delinquent act to the
8.15extent the data are necessary to enable the victim to assert the victim's right to request
8.16notice of release under section611A.06 . The data that may be released include only the
8.17name, home address, and placement site of a juvenile who has been placed in a juvenile
8.18correctional facility as a result of a delinquent act.
8.19(d) Upon the victim's written or electronic request and, if the victim and offender
8.20have been household or family members as defined in section 518B.01, subdivision 1,
8.21paragraph (b), the commissioner of corrections or the commissioner's designee may
8.22disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
8.23subdivision 16, notification of the city and five-digit zip code of the offender's residency
8.24upon or after release from a Department of Corrections facility, unless:
8.25(1) the offender is not supervised by the commissioner of corrections or the
8.26commissioner's designee at the time of the victim's request;
8.27(2) the commissioner of corrections or the commissioner's designee does not have
8.28the city or zip code; or
8.29(3) the commissioner of corrections or the commissioner's designee reasonably
8.30believes that disclosure of the city or zip code of the offender's residency creates a risk
8.31to the victim, offender, or public safety.
8.32EFFECTIVE DATE.This section is effective January 1, 2015.
8.33 Sec. 3. Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:
8.34 Subdivision 1. Definition. As used in this section, "crime against the person" means
8.35a violation of any of the following or a similar law of another state or of the United States:
9.1section609.165 ;
609.185 ;
609.19 ;
609.195 ;
609.20 ;
609.205 ;
609.221 ;
609.222 ;
609.223 ;
9.2609.2231
;
609.224, subdivision 2 or 4;
609.2242, subdivision 2 or 4;
609.2247 ;
609.235 ;
9.3609.245, subdivision 1
;
609.25 ;
609.255 ;
609.3451, subdivision 2 3 ;
609.498, subdivision
9.41 ;
609.582, subdivision 1 ; or
617.23, subdivision 2 ; or any felony-level violation of
9.5section609.229 ;
609.377 ;
609.749 ; or
624.713 .
9.6 Sec. 4. Minnesota Statutes 2012, section 299F.012, subdivision 1, is amended to read:
9.7 Subdivision 1. Authorized programs within department. From the revenues
9.8appropriated from the fire safety account, established under section 297I.06, subdivision
9.93, the commissioner of public safety may expend funds for the activities and programs
9.10identified by the advisory committee established under subdivision 2 and recommended
9.11to the commissioner of public safety. The commissioner shall not expend funds without
9.12the recommendation of the advisory committee established under subdivision 2. The
9.13commissioner shall not expend funds without the recommendation of the advisory
9.14committee established under subdivision 2. These funds are to be used to provide
9.15resources needed for identified activities and programs of the Minnesota fire service and to
9.16ensure the State Fire Marshal Division responsibilities are fulfilled.
9.17 Sec. 5. Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:
9.18 Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory
9.19Committee shall provide recommendations to the commissioner of public safety on
9.20fire service-related issues and shall consist of representatives of each of the following
9.21organizations: two appointed by the president of the Minnesota State Fire Chiefs
9.22Association, two appointed by the president of the Minnesota State Fire Department
9.23Association, two appointed by the president of the Minnesota Professional Fire Fighters,
9.24two appointed by the president of the League of Minnesota Cities, one appointed by the
9.25president of the Minnesota Association of Townships, one appointed by the president
9.26of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
9.27the Minnesota Chapter of the International Association of Arson Investigators and the
9.28Fire Marshals Association of Minnesota, and the commissioner of public safety or the
9.29commissioner's designee. The commissioner of public safety must ensure that at least
9.30three of the members of the advisory committee work and reside in counties outside of the
9.31seven-county metropolitan area. The committee shall provide funding recommendations
9.32to the commissioner of public safety from the fire safety fund for the following purposes:
9.33(1) for the Minnesota Board of Firefighter Training and Education;
9.34(2) for programs and staffing for the State Fire Marshal Division; and
10.1(3) for fire-related regional response team programs and any other fire service
10.2programs that have the potential for statewide impact.
10.3 (b) The committee under paragraph (a) does not expire.
10.4 Sec. 6. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
10.5 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
10.6other than section609.21, subdivision 1a , paragraph (b) or (c), the stay shall be for not
10.7more than four years or the maximum period for which the sentence of imprisonment
10.8might have been imposed, whichever is longer.
10.9(b) If the conviction is for a gross misdemeanor violation of section169A.20
10.10or
609.21, subdivision 1a , paragraph (d), or for a felony described in section
609.21,
10.11subdivision 1a , paragraph (b) or (c), the stay shall be for not more than six years. The
10.12court shall provide for unsupervised probation for the last year of the stay unless the court
10.13finds that the defendant needs supervised probation for all or part of the last year.
10.14(c) If the conviction is for a gross misdemeanor violation of section 609.3451,
10.15subdivision 1, the stay shall be for not more than six years.
10.16(c) (d) If the conviction is for a gross misdemeanor not specified in paragraph (b),
10.17the stay shall be for not more than two years.
10.18(d) (e) If the conviction is for any misdemeanor under section
169A.20 ;
609.746,
10.19subdivision 1 ;
609.79 ; or
617.23 ; or for a misdemeanor under section
609.2242 or
10.20609.224, subdivision 1
, in which the victim of the crime was a family or household
10.21member as defined in section518B.01 , the stay shall be for not more than two years. The
10.22court shall provide for unsupervised probation for the second year of the stay unless the
10.23court finds that the defendant needs supervised probation for all or part of the second year.
10.24(e) (f) If the conviction is for a misdemeanor not specified in paragraph (d) (e), the
10.25stay shall be for not more than one year.
10.26(f) (g) The defendant shall be discharged six months after the term of the stay
10.27expires, unless the stay has been revoked or extended under paragraph(g) (h), or the
10.28defendant has already been discharged.
10.29(g) (h) Notwithstanding the maximum periods specified for stays of sentences under
10.30paragraphs (a) to(f) (g), a court may extend a defendant's term of probation for up to one
10.31year if it finds, at a hearing conducted under subdivision 1a, that:
10.32(1) the defendant has not paid court-ordered restitution in accordance with the
10.33payment schedule or structure; and
10.34(2) the defendant is likely to not pay the restitution the defendant owes before the
10.35term of probation expires.
11.1This one-year extension of probation for failure to pay restitution may be extended by
11.2the court for up to one additional year if the court finds, at another hearing conducted
11.3under subdivision 1a, that the defendant still has not paid the court-ordered restitution
11.4that the defendant owes.
11.5Nothing in this subdivision limits the court's ability to refer the case to collections
11.6under section609.104 .
11.7(h) (i) Notwithstanding the maximum periods specified for stays of sentences under
11.8paragraphs (a) to(f) (g), a court may extend a defendant's term of probation for up to three
11.9years if it finds, at a hearing conducted under subdivision 1c, that:
11.10(1) the defendant has failed to complete court-ordered treatment successfully; and
11.11(2) the defendant is likely not to complete court-ordered treatment before the term of
11.12probation expires.
11.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
11.14committed on or after that date.
11.15 Sec. 7. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
11.16 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to
11.17imprisonment for not more thanfive ten years or to payment of a fine of not more than
11.18$10,000, or both, if the person violatessubdivision 1, clause (2), this section within ten
11.19years after having been previously convicted ofor adjudicated delinquent for violating
11.20subdivision 1, clause (2) this section; sections 609.342 to 609.345; or 609.3453; section
11.21 617.23, subdivision 2, clause (1); 617.247; or a statute from another state in conformity
11.22with subdivision 1, clause (2), or section
617.23, subdivision 2, clause (1) therewith.
11.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
11.24committed on or after that date.
11.25 Sec. 8. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
11.26to read:
11.27 Subd. 6. Offender location. (a) Upon the victim's written or electronic request
11.28and if the victim and offender have been household or family members as defined in
11.29section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
11.30commissioner's designee shall disclose to the victim of an offender convicted of a crime
11.31pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
11.32of the offender's residency upon release from a Department of Corrections facility, unless:
12.1(1) the offender is not supervised by the commissioner of corrections or the
12.2commissioner's designee at the time of the victim's request;
12.3(2) the commissioner of corrections or the commissioner's designee does not have
12.4the city or zip code; or
12.5(3) the commissioner of corrections or the commissioner's designee reasonably
12.6believes that disclosure of the city or zip code of the offender's residency creates a risk
12.7to the victim, offender, or public safety.
12.8(b) All identifying information regarding the victim including, but not limited to, the
12.9notification provided by the commissioner of corrections or the commissioner's designee
12.10is classified as private data on individuals as defined in section 13.02, subdivision 12, and
12.11is accessible only to the victim.
12.12EFFECTIVE DATE.This section is effective January 15, 2015.
12.13 Sec. 9. REVISOR'S INSTRUCTION.
12.14In the next edition of Minnesota Statutes, the revisor of statutes shall change the
12.15headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor."
12.18 Section 1. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision
12.19to read:
12.20 Subd. 5d. Local government. "Local government" has the meaning given in Code
12.21of Federal Regulations, title 44, section 206.2 (2012).
12.22 Sec. 2. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to
12.23read:
12.24 Subd. 6b. Nonfederal share. "Nonfederal share" has the meaning given in section
12.2512A.02, subdivision 7.
12.26 Sec. 3. Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:
12.27 Subd. 4. Subgrant agreements; state share. (a) The state director, serving as the
12.28governor's authorized representative, may enter into subgrant agreements with eligible
12.29applicants to provide federal and state financial assistance made available as a result
12.30of a disaster declaration.
13.1(b) When state funds are used to provide the FEMA Public Assistance Program
13.2cost-share requirement for a local government, the state director must award a local
13.3government 100 percent of the nonfederal share of the local government's FEMA Public
13.4Assistance Program costs.
13.5 Sec. 4. Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision
13.6to read:
13.7 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
13.8assistance contingency account is created in the general fund in the state treasury. Money
13.9in the disaster assistance contingency account is appropriated to the commissioner of
13.10public safety to provide:
13.11(1) cost-share for federal assistance under section 12A.15, subdivision 1; and
13.12(2) state public disaster assistance to eligible applicants under chapter 12B.
13.13(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
13.14100 percent of any nonfederal share for state agencies and local governments. Money
13.15appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
13.16nonfederal share for publicly owned capital improvement projects.
13.17(c) For appropriations under paragraph (a), clause (2), the amount appropriated
13.18is the amount required to pay eligible claims under chapter 12B, as certified by the
13.19commissioner of public safety.
13.20(d) If the amount appropriated is insufficient to cover costs for paragraph (a), clauses
13.21(1) and (2), the commissioner of public safety shall pay up to an additional $4,000,000
13.22from the general fund appropriation provided under this paragraph. No payment shall be
13.23made under this paragraph until:
13.24(1) the commissioner of public safety has given the commissioner of management
13.25and budget an estimate of the additional funds required;
13.26(2) the commissioner of management and budget has reported the estimate to the
13.27chairs of the house of representatives Ways and Means Committee and the senate Finance
13.28Committee; and
13.29(3) the commissioner of management and budget has approved the payments.
13.30(e) Amounts approved by the commissioner of management and budget, up to
13.31$4,000,000 per fiscal year, are appropriated from the general fund to the commissioner
13.32of public safety. By January 15 of each year, the commissioner of management and
13.33budget shall submit a report to the chairs of the house of representatives Ways and
13.34Means Committee and the senate Finance Committee detailing state disaster assistance
13.35appropriations and expenditures under this subdivision during the previous calendar year.
14.1(f) The governor's budget proposal submitted to the legislature under section 16A.11
14.2must include recommended appropriations to the disaster assistance contingency account.
14.3The governor's appropriation recommendations must be informed by the commissioner of
14.4public safety's estimate of the amount of money that will be necessary to:
14.5(1) provide 100 percent of the nonfederal share for state agencies and local
14.6governments that will receive federal financial assistance from FEMA during the next
14.7biennium; and
14.8(2) fully pay all eligible claims under chapter 12B.
14.9(g) Notwithstanding section 16A.28:
14.10(1) funds appropriated or transferred to the disaster assistance contingency account
14.11do not lapse but remain in the account until appropriated; and
14.12(2) funds appropriated from the disaster assistance contingency account do not lapse
14.13and are available until expended.
14.14 Sec. 5. Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:
14.15 Subd. 2. Appropriation. "Appropriation" means an appropriation provided in law
14.16specifically to implement this chapter, including but not limited to a statutory appropriation
14.17to provide the required cost-share for federal disaster assistance under section 12.221.
14.18 Sec. 6. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
14.19to read:
14.20 Subd. 6. Local government. "Local government" has the meaning given in section
14.2112.03, subdivision 5d.
14.22 Sec. 7. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
14.23to read:
14.24 Subd. 7. Nonfederal share. "Nonfederal share" means that portion of total FEMA
14.25Public Assistance Program costs that is no more than 25 percent and is not eligible for
14.26FEMA reimbursement.
14.27 Sec. 8. Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:
14.28 Subd. 3. Nonduplication of federal assistance. State assistance may not duplicate
14.29or supplement eligible FEMA Public Assistance Program assistance. For eligible Public
14.30Assistance Program costs, any statematching cost-share money made available for
14.31that assistance must be disbursed by the Department of Public Safety to a state agency,
14.32localpolitical subdivision, Indian tribe government, or other applicant. State assistance
15.1distributed by a state agency, other than the Department of Public Safety, to apolitical
15.2subdivision local government or other applicant for disaster costs that are eligible for
15.3FEMA Public Assistance Program assistance constitutes an advance of funds. Such
15.4advances must be repaid to the applicable state agency when the applicant has received
15.5the FEMA Public Assistance Program assistance, and whatever statematching cost-share
15.6 money may be made available for that assistance, from the Department of Public Safety.
15.7 Sec. 9. Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:
15.8 Subdivision 1. Statematch cost-share for federal assistance. State appropriations
15.9may be usedfor payment of the state match for federal disaster assistance to pay 100
15.10percent of the nonfederal share for state agencies. If authorized in law, state appropriations
15.11may be used to pay all or a portion of the local share of the match for federal funds for
15.12political subdivisions and local governments under section
12.221 . An appropriation from
15.13the bond proceeds fund may be usedto fund federal match obligations as cost-share for
15.14federal disaster assistance for publicly owned capital improvement projectsresulting from
15.15the receipt of federal disaster assistance.
15.16 Sec. 10. Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision
15.17to read:
15.18 Subd. 9. Disaster assistance. (a) The commissioner of management and budget
15.19must transfer the unexpended and unencumbered balance of a general fund disaster
15.20assistance appropriation that expires as provided under this section or as otherwise provided
15.21by law to the disaster assistance contingency account in section 12.221, subdivision 6.
15.22(b) Expired disaster assistance transferred to the disaster assistance contingency
15.23account is available for appropriation as provided under section 12.221, subdivision
15.246, regardless of the specific disaster event or purpose for which the expired disaster
15.25assistance was originally appropriated.
15.26(c) The commissioner must report each transfer to the chairs of the house of
15.27representatives Ways and Means Committee and the senate Finance Committee.
15.28(d) For the purposes of this subdivision, "disaster assistance appropriation" means
15.29an appropriation from the general fund to provide cost-share required for federal disaster
15.30assistance or to provide other state disaster assistance under chapter 12A or 12B.
15.31 Sec. 11. EFFECTIVE DATE.
15.32This article is effective the day following final enactment.
16.3 Section 1. [12B.10] PUBLIC DISASTER ASSISTANCE; ABSENT FEDERAL
16.4AID.
16.5This chapter establishes a state public assistance program to provide cost-share
16.6assistance to local governments that sustain significant damage on a per capita basis but
16.7are not eligible for federal disaster assistance or corresponding state assistance under
16.8chapter 12A.
16.9 Sec. 2. [12B.15] DEFINITIONS.
16.10 Subdivision 1. Application. The definitions in this section apply to this chapter.
16.11 Subd. 2. Applicant. "Applicant" means a local government that applies for state
16.12disaster assistance under this chapter.
16.13 Subd. 3. Commissioner. "Commissioner" means the commissioner of public safety.
16.14 Subd. 4. Director. "Director" means the director of the Division of Homeland
16.15Security and Emergency Management in the Department of Public Safety.
16.16 Subd. 5. Disaster. "Disaster" means any catastrophe, including but not limited
16.17to a tornado, storm, high water, wind-driven water, tidal wave, earthquake, volcanic
16.18eruption, landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire,
16.19flood, or explosion.
16.20 Subd. 6. FEMA. "FEMA" means the Federal Emergency Management Agency.
16.21 Subd. 7. Incident period. "Incident period" means the time interval of a disaster as
16.22delineated by specific start and end dates.
16.23 Subd. 8. Local government. "Local government" has the meaning given in section
16.2412A.03, subdivision 5d.
16.25 Sec. 3. [12B.25] ELIGIBILITY CRITERIA; CONSIDERATIONS.
16.26 Subdivision 1. Payment required; eligibility criteria. The director, serving as
16.27the governor's authorized representative, may enter into grant agreements with eligible
16.28applicants to provide state financial assistance made available as a result of a disaster
16.29that satisfies all of the following criteria:
16.30(1) the state and applicable local government declares a disaster or emergency
16.31during the incident period;
16.32(2) damages suffered and eligible costs incurred are the direct result of the disaster;
17.1(3) federal disaster assistance is not available to the applicant because the governor
17.2did not request a presidential declaration of major disaster, the president denied the
17.3governor's request, or the applicant is not eligible for federal disaster assistance because
17.4the state or county did not meet the per capita impact indicator under FEMA's Public
17.5Assistance Program;
17.6(4) the applicant incurred eligible damages that, on a per capita basis, equal or
17.7exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
17.8Assistance Program;
17.9(5) the applicant assumes responsibility for 25 percent of the applicant's total
17.10eligible costs; and
17.11(6) the applicant satisfies all requirements in this chapter.
17.12 Subd. 2. Considerations; other resources available. When evaluating applicant
17.13eligibility under subdivision 1, the director must consider:
17.14(1) the availability of other resources from federal, state, local, private, or other
17.15sources; and
17.16(2) the availability or existence of insurance.
17.17 Sec. 4. [12B.30] ELIGIBLE COSTS.
17.18 Subdivision 1. Eligible costs. Costs eligible for payment under this chapter are
17.19those costs that would be eligible for federal financial assistance under FEMA's Public
17.20Assistance Program.
17.21 Subd. 2. Ineligible costs. Ineligible costs are all costs not included in subdivision
17.221, including but not limited to:
17.23(1) ordinary operating expenses, including salaries and expenses of employees and
17.24public officials that are not directly related to the disaster response;
17.25(2) costs for which payment has been or will be received from any other funding
17.26source;
17.27(3) disaster-related costs that should, in the determination of the director, be covered
17.28and compensated by insurance; and
17.29(4) projects and claims totaling less than $10,000.
17.30 Sec. 5. [12B.35] APPLICANT'S SHARE.
17.31An applicant's share of eligible costs incurred must not be less than 25 percent. The
17.32substantiated value of donated materials, equipment, services, and labor may be used as
17.33all or part of the applicant's share of eligible costs, subject to the following:
18.1(1) all items and sources of donation must be indicated on the application and any
18.2supporting documentation submitted to the commissioner;
18.3(2) the rate for calculating the value of donated, nonprofessional labor is the
18.4prevailing federal minimum wage;
18.5(3) the value of donated equipment may not exceed the highway equipment rates
18.6approved by the commissioner of transportation; and
18.7(4) the value of donated materials and professional services must conform to market
18.8rates and be established by invoice.
18.9 Sec. 6. [12B.40] APPLICATION PROCESS.
18.10(a) The director must develop application materials and may update the materials as
18.11needed. Application materials must include instructions and requirements for assistance
18.12under this chapter.
18.13(b) An applicant has 30 days from the end of the incident period or the president's
18.14official denial of the governor's request for a declaration of a major disaster to provide the
18.15director with written notice of intent to apply. The director may deny an application due to
18.16a late notice of intent to apply.
18.17(c) Within 60 days after the end of the incident period or the president's official denial
18.18of the governor's request for a declaration of a major disaster, the applicant must submit a
18.19complete application to the director. A complete application includes the following:
18.20(1) the cause, location of damage, and incident period;
18.21(2) documentation of a local, tribal, county, or state disaster or emergency
18.22declaration in response to the disaster;
18.23(3) a description of damages, an initial damage assessment, and the amount of
18.24eligible costs incurred by the applicant;
18.25(4) a statement or evidence that the applicant has the ability to pay for at least 25
18.26percent of total eligible costs incurred from the disaster; and
18.27(5) a statement or evidence that the local government has incurred damages equal to
18.28or exceeding 50 percent of the federal countywide threshold in effect during the incident
18.29period.
18.30(d) The director must review the application and supporting documentation for
18.31completeness and may return the application with a request for more detailed information.
18.32The director may consult with local public officials to ensure the application reflects the
18.33extent and magnitude of the damage and to reconcile any differences. The application is
18.34not complete until the director receives all requested information.
19.1(e) If the director returns an application with a request for more detailed information
19.2or for correction of deficiencies, the applicant must submit all required information within
19.330 days of the applicant's receipt of the director's request. The applicant's failure to
19.4provide the requested information in a timely manner without a reasonable explanation
19.5may be cause for denial of the application.
19.6(f) The director has no more than 60 days from the receipt of a complete application
19.7to approve or deny the application, or the application is deemed approved. If the director
19.8denies an application, the director must send a denial letter. If the director approves an
19.9application or the application is automatically deemed approved after 60 days, the director
19.10must notify the applicant of the steps necessary to obtain reimbursement of eligible
19.11costs, including submission of invoices or other documentation substantiating the costs
19.12submitted for reimbursement.
19.13 Sec. 7. [12B.45] CLAIMS PROCESS.
19.14 Subdivision 1. Claims; appeal. (a) An applicant must submit to the director
19.15completed claims for payment of actual and eligible costs on forms provided by the
19.16director. All eligible costs claimed for payment must be documented and consistent with
19.17the eligibility provisions of this chapter.
19.18(b) If the director denies an applicant's claim for payment, the applicant has 30 days
19.19from receipt of the director's determination to appeal in writing to the commissioner. The
19.20appeal must include the applicant's rationale for reversing the director's determination. The
19.21commissioner has 30 days from receipt of the appeal to uphold or modify the director's
19.22determination and formally respond to the applicant. If, within 30 days of receiving
19.23the commissioner's decision, the applicant notifies the commissioner that the applicant
19.24intends to contest the commissioner's decision, the Office of Administrative Hearings shall
19.25conduct a hearing under the contested case provisions of chapter 14.
19.26 Subd. 2. Final inspection. Upon completion of all work by an applicant, the
19.27director may inspect all work claimed by the applicant. The applicant must provide the
19.28director with access to records pertaining to all claimed work and must permit the director
19.29to review all records relating to the work.
19.30 Subd. 3. Closeout. The director must close out an applicant's disaster assistance
19.31application after all of the following occur:
19.32(1) eligible work is complete;
19.33(2) the applicant receives the final amount due or pays any amount owed under
19.34section 12B.50; and
19.35(3) any extant or scheduled audits are complete.
20.1 Subd. 4. Audit. (a) An applicant must account for all funds received under this
20.2chapter in conformance with generally accepted accounting principles and practices. The
20.3applicant must maintain detailed records of expenditures to show that grants received under
20.4this chapter were used for the purpose for which the payment was made. The applicant
20.5must maintain records for five years and make the records available for inspection and
20.6audit by the director or the legislative auditor. The applicant must keep all financial
20.7records for five years after the final payment, including but not limited to all invoices and
20.8canceled checks or bank statements that support all eligible costs claimed by the applicant.
20.9(b) The director or legislative auditor may audit all applicant records pertaining to an
20.10application or payment under this chapter.
20.11 Subd. 5. Reporting payments. The director must post on the division Web site a
20.12list of the recipients and amounts of the payments made under this chapter.
20.13 Sec. 8. [12B.50] FUNDING FROM OTHER SOURCES; REPAYMENT
20.14REQUIRED.
20.15If an applicant subsequently recovers eligible costs from another source after
20.16receiving payment under this chapter, the applicant must pay the commissioner an amount
20.17equal to the corresponding state funds received within 30 days. The commissioner must
20.18deposit any repayment in the disaster response contingency account in section 12.221,
20.19subdivision 6.
20.20 Sec. 9. EFFECTIVE DATE.
20.21This article is effective the day following final enactment.
1.3and corrections; modifying certain statutory provisions related to victims of
1.4domestic violence and sentencing for criminal sexual conduct in the fifth
1.5degree; continuing the Fire Service Advisory Committee; providing for disaster
1.6assistance for public entities when federal aid is granted and when federal
1.7aid is absent;amending Minnesota Statutes 2012, sections 12.03, by adding
1.8subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision
1.92, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.84,
1.10subdivisions 5, 6; 16A.28, by adding a subdivision; 243.167, subdivision 1;
1.11299F.012, subdivisions 1, 2; 609.135, subdivision 2; 609.3451, subdivision 3;
1.12611A.06, by adding a subdivision; Laws 2009, chapter 83, article 1, section 10,
1.13subdivision 7; Laws 2013, chapter 86, article 1, section 13; proposing coding for
1.14new law as Minnesota Statutes, chapter 12B.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.18 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.20in this article.
| 1.21 |
2014 |
2015 |
Total |
||||
| 1.22 |
General |
$ |
-0- |
$ |
36,475,000 |
$ |
36,496,000 |
| 1.23 1.24 |
State Government Special Revenue |
6,359,000 |
6,865,000 |
13,224,000 |
|||
| 1.25 |
Total |
$ |
6,359,000 |
$ |
43,361,000 |
$ |
49,720,000 |
| 1.26 |
Sec. 2. APPROPRIATIONS. |
||||||
2.2appropriations in Laws 2013, chapter 86, article 1, to the agencies and for the purposes
2.3specified in this article. The appropriations are from the general fund, or another named
2.4fund, and are available for the fiscal years indicated for each purpose. The figures "2014"
2.5and "2015" used in this article mean that the addition to the appropriation listed under
2.6them is available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
2.7Supplemental appropriations for the fiscal year ending June 30, 2014, are effective the
2.8day following final enactment.
| 2.9 |
APPROPRIATIONS |
||||||
| 2.10 |
Available for the Year |
||||||
| 2.11 |
Ending June 30 |
||||||
| 2.12 |
2014 |
2015 |
|||||
| 2.13 |
Sec. 3. DEPARTMENT OF PUBLIC SAFETY |
||||||
| 2.14 |
Subdivision 1.Total Appropriation |
$ |
6,359,000 |
$ |
13,176,000 |
||
| 2.15 |
Appropriations by Fund |
||
| 2.16 |
General |
-0- |
6,311,000 |
| 2.17 2.18 |
State Government Special Revenue |
6,359,000 |
6,865,000 |
2.20purpose are specified in the following
2.21subdivisions.
| 2.22 |
Subd. 2.Emergency Communication Networks |
5,059,000 |
6,865,000 |
||||
2.24government special revenue fund for 911
2.25emergency telecommunications services.
| 2.26 |
Subd. 3.Office of Justice Programs |
-0- |
650,000 |
||||
2.28fund emergency shelter, housing, or
2.29advocacy services targeted to culturally
2.30specific programming for newer immigrant
2.31populations. The funds must be awarded
2.32to a program or programs that demonstrate
2.33leadership in the community to be served.
2.34This appropriation is added to the base.
3.1(b) $300,000 in 2015 is for grants to sexual
3.2assault advocacy programs for sexual
3.3violence community prevention networks.
3.4For purposes of this section, "sexual
3.5assault" means a violation of Minnesota
3.6Statutes, sections 609.342 to 609.3453. This
3.7appropriation is added to the base.
3.8(c) $50,000 in 2015 is for training state
3.9and local community safety personnel in
3.10the use of crisis de-escalation techniques
3.11for use with Minnesota veterans following
3.12their return from active military service in
3.13a combat zone. The commissioner must
3.14consult with the director of the Minnesota
3.15Peace Officer Standards and Training Board,
3.16and may consult with any other state or local
3.17governmental official or nongovernmental
3.18authority the commissioner determines
3.19to be relevant, to include postsecondary
3.20institutions, when selecting a service provider
3.21for this training. Among any other criteria
3.22the commissioner may establish for the
3.23selection, the training provider must have a
3.24demonstrated understanding of the transitions
3.25and challenges that veterans may experience
3.26during their re-entry into society following
3.27combat service. The commissioner must
3.28ensure that training opportunities provided
3.29are reasonably distributed statewide. This is
3.30a onetime appropriation.
| 3.31 |
Subd. 4.Emergency Management |
0 |
5,661,000 |
||||
3.33assistance contingency account in Minnesota
3.34Statutes, section 12.221. These funds are
3.35available until spent.
| 4.1 |
Subd. 5.Fire Safety Account |
1,300,000 |
0 |
||||
4.3fire safety account in the special revenue
4.4fund to the commissioner of public safety
4.5for activities and programs under Minnesota
4.6Statutes, section 299F.012. This is a onetime
4.7appropriation. By January 15, 2015, the
4.8commissioner shall report to the chairs and
4.9ranking minority members of the legislative
4.10committees with jurisdiction over the fire
4.11safety account regarding the balances and
4.12uses of the account.
| 4.13 |
Sec. 4. CORRECTIONS |
||||||
| 4.14 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
30,164,000 |
||
4.16purpose are specified in the following
4.17subdivisions.
| 4.18 |
Subd. 2.Correctional Institutions |
-0- |
27,321,000 |
||||
4.20$11,089,000.
| 4.21 |
Subd. 3.Community Services |
-0- |
1,900,000 |
||||
| 4.22 |
Subd. 4.Operations Support |
-0- |
900,000 |
||||
4.23 Sec. 5. Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:
| 4.24 |
Subd. 7.Emergency Communication Networks |
66,470,000 |
70,233,000 |
||||
4.26government special revenue fund for 911
4.27emergency telecommunications services.
4.28(a) Public Safety Answering Points.
4.29$13,664,000 each year is to be distributed
4.30as provided in Minnesota Statutes, section
5.1(b) Medical Resource Communication
5.2Centers. $683,000 each year is for grants
5.3to the Minnesota Emergency Medical
5.4Services Regulatory Board for the Metro
5.5East and Metro West Medical Resource
5.6Communication Centers that were in
5.7operation before January 1, 2000.
5.8(c) ARMER Debt Service. $17,557,000 the
5.9first year and $23,261,000 the second year
5.10are to the commissioner of finance to pay
5.11debt service on revenue bonds issued under
5.12Minnesota Statutes, section
5.13Any portion of this appropriation not needed
5.14to pay debt service in a fiscal year may be
5.15used by the commissioner of public safety to
5.16pay cash for any of the capital improvements
5.17for which bond proceeds were appropriated
5.18by Laws 2005, chapter 136, article 1, section
5.199, subdivision 8, or Laws 2007, chapter 54,
5.20article 1, section 10, subdivision 8.
5.21(d) Metropolitan Council Debt Service.
5.22$1,410,000 each year is to the commissioner
5.23of finance for payment to the Metropolitan
5.24Council for debt service on bonds issued
5.25under Minnesota Statutes, section
5.26(e) ARMER State Backbone Operating
5.27Costs. $5,060,000 each year is to the
5.28commissioner of transportation for costs
5.29of maintaining and operating the statewide
5.30radio system backbone.
5.31(f) ARMER Improvements. $1,000,000
5.32each year is for the Statewide Radio Board for
5.33costs of design, construction, maintenance
5.34of, and improvements to those elements
5.35of the statewide public safety radio and
6.1communication system that support mutual
6.2aid communications and emergency medical
6.3services or provide enhancement of public
6.4safety communication interoperability.
6.5(g) Next Generation 911. $3,431,000 the
6.6first year and $6,490,000 the second year
6.7are to replace the current system with the
6.8Next Generation Internet Protocol (IP) based
6.9network. This appropriation is available until
6.10expended. The base level of funding for
6.11fiscal year 2012 shall be $2,965,000.
6.12(h) Grants to Local Government.
6.13$5,000,000 the first year is for grants to
6.14local units of government to assist with
6.15the transition to the ARMER system. This
6.16appropriation is available until June 30, 2012.
6.17 Sec. 6. Laws 2013, chapter 86, article 1, section 13, is amended to read:
| 6.18 6.19 |
Sec. 13. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,870,000 |
$ |
3,870,000 |
||
6.21This appropriation is from the peace officer
6.22training account in the special revenue fund.
6.23Any new receipts credited to that account in
6.24the first year in excess of $3,870,000 must be
6.25transferred and credited to the general fund.
6.26Any new receipts credited to that account in
6.27the second year in excess of $3,870,000 must
6.28be transferred and credited to the general
6.29fund.
6.30(b) Peace Officer Training
6.31Reimbursements
6.32$2,734,000 each year is for reimbursements
6.33to local governments for peace officer
6.34training costs.
7.1(c) Training; Sexually Exploited and
7.2Trafficked Youth
7.3Of the appropriation in paragraph (b),
7.4$100,000 the first year is for reimbursements
7.5to local governments for peace officer
7.6training costs on sexually exploited and
7.7trafficked youth, including effectively
7.8identifying sex trafficked victims and
7.9traffickers, investigation techniques, and
7.10assisting sexually exploited youth. These
7.11funds are available until June 30, 2016.
7.12Reimbursement shall be provided on a flat
7.13fee basis of $100 per diem per officer.
7.14EFFECTIVE DATE.This section is effective the day following final enactment.
7.17 Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
7.18 Subd. 5. Disclosure. Private or confidential court services data shall not be
7.19disclosed except:
7.20(a) pursuant to section
7.21(b) pursuant to a statute specifically authorizing disclosure of court services data;
7.22(c) with the written permission of the source of confidential data;
7.23(d) to the court services department, parole or probation authority or state or local
7.24correctional agency or facility having statutorily granted supervision over the individual
7.25subject of the data;
7.26(e) pursuant to subdivision 6;
7.27(f) pursuant to a valid court order
7.28(g) pursuant to section 611A.06, subdivision 6.
7.29EFFECTIVE DATE.This section is effective January 1, 2015.
7.30 Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
8.1 Subd. 6. Public benefit data. (a) The responsible authority or its designee of a
8.2parole or probation authority or correctional agency may release private or confidential
8.3court services data related to:
8.4(1) criminal acts to any law enforcement agency, if necessary for law enforcement
8.5purposes; and
8.6(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
8.7extent that the data are necessary for the victim to assert the victim's legal right to restitution.
8.8(b) A parole or probation authority, a correctional agency, or agencies that provide
8.9correctional services under contract to a correctional agency may release to a law
8.10enforcement agency the following data on defendants, parolees, or probationers: current
8.11address, dates of entrance to and departure from agency programs, and dates and times of
8.12any absences, both authorized and unauthorized, from a correctional program.
8.13(c) The responsible authority or its designee of a juvenile correctional agency may
8.14release private or confidential court services data to a victim of a delinquent act to the
8.15extent the data are necessary to enable the victim to assert the victim's right to request
8.16notice of release under section
8.17name, home address, and placement site of a juvenile who has been placed in a juvenile
8.18correctional facility as a result of a delinquent act.
8.19(d) Upon the victim's written or electronic request and, if the victim and offender
8.20have been household or family members as defined in section 518B.01, subdivision 1,
8.21paragraph (b), the commissioner of corrections or the commissioner's designee may
8.22disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
8.23subdivision 16, notification of the city and five-digit zip code of the offender's residency
8.24upon or after release from a Department of Corrections facility, unless:
8.25(1) the offender is not supervised by the commissioner of corrections or the
8.26commissioner's designee at the time of the victim's request;
8.27(2) the commissioner of corrections or the commissioner's designee does not have
8.28the city or zip code; or
8.29(3) the commissioner of corrections or the commissioner's designee reasonably
8.30believes that disclosure of the city or zip code of the offender's residency creates a risk
8.31to the victim, offender, or public safety.
8.32EFFECTIVE DATE.This section is effective January 1, 2015.
8.33 Sec. 3. Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:
8.34 Subdivision 1. Definition. As used in this section, "crime against the person" means
8.35a violation of any of the following or a similar law of another state or of the United States:
9.1section
9.41
9.5section
9.6 Sec. 4. Minnesota Statutes 2012, section 299F.012, subdivision 1, is amended to read:
9.7 Subdivision 1. Authorized programs within department. From the revenues
9.8appropriated from the fire safety account, established under section 297I.06, subdivision
9.93, the commissioner of public safety may expend funds for the activities and programs
9.10identified by the advisory committee established under subdivision 2 and recommended
9.11to the commissioner of public safety. The commissioner shall not expend funds without
9.12the recommendation of the advisory committee established under subdivision 2. The
9.13commissioner shall not expend funds without the recommendation of the advisory
9.14committee established under subdivision 2. These funds are to be used to provide
9.15resources needed for identified activities and programs of the Minnesota fire service and to
9.16ensure the State Fire Marshal Division responsibilities are fulfilled.
9.17 Sec. 5. Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:
9.18 Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory
9.19Committee shall provide recommendations to the commissioner of public safety on
9.20fire service-related issues and shall consist of representatives of each of the following
9.21organizations: two appointed by the president of the Minnesota State Fire Chiefs
9.22Association, two appointed by the president of the Minnesota State Fire Department
9.23Association, two appointed by the president of the Minnesota Professional Fire Fighters,
9.24two appointed by the president of the League of Minnesota Cities, one appointed by the
9.25president of the Minnesota Association of Townships, one appointed by the president
9.26of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
9.27the Minnesota Chapter of the International Association of Arson Investigators and the
9.28Fire Marshals Association of Minnesota, and the commissioner of public safety or the
9.29commissioner's designee. The commissioner of public safety must ensure that at least
9.30three of the members of the advisory committee work and reside in counties outside of the
9.31seven-county metropolitan area. The committee shall provide funding recommendations
9.32to the commissioner of public safety from the fire safety fund for the following purposes:
9.33(1) for the Minnesota Board of Firefighter Training and Education;
9.34(2) for programs and staffing for the State Fire Marshal Division; and
10.1(3) for fire-related regional response team programs and any other fire service
10.2programs that have the potential for statewide impact.
10.3 (b) The committee under paragraph (a) does not expire.
10.4 Sec. 6. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
10.5 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
10.6other than section
10.7more than four years or the maximum period for which the sentence of imprisonment
10.8might have been imposed, whichever is longer.
10.9(b) If the conviction is for a gross misdemeanor violation of section
10.11subdivision 1a
10.12court shall provide for unsupervised probation for the last year of the stay unless the court
10.13finds that the defendant needs supervised probation for all or part of the last year.
10.14(c) If the conviction is for a gross misdemeanor violation of section 609.3451,
10.15subdivision 1, the stay shall be for not more than six years.
10.16
10.17the stay shall be for not more than two years.
10.18
10.19subdivision 1
10.21member as defined in section
10.22court shall provide for unsupervised probation for the second year of the stay unless the
10.23court finds that the defendant needs supervised probation for all or part of the second year.
10.24
10.25stay shall be for not more than one year.
10.26
10.27expires, unless the stay has been revoked or extended under paragraph
10.28defendant has already been discharged.
10.29
10.30paragraphs (a) to
10.31year if it finds, at a hearing conducted under subdivision 1a, that:
10.32(1) the defendant has not paid court-ordered restitution in accordance with the
10.33payment schedule or structure; and
10.34(2) the defendant is likely to not pay the restitution the defendant owes before the
10.35term of probation expires.
11.1This one-year extension of probation for failure to pay restitution may be extended by
11.2the court for up to one additional year if the court finds, at another hearing conducted
11.3under subdivision 1a, that the defendant still has not paid the court-ordered restitution
11.4that the defendant owes.
11.5Nothing in this subdivision limits the court's ability to refer the case to collections
11.6under section
11.7
11.8paragraphs (a) to
11.9years if it finds, at a hearing conducted under subdivision 1c, that:
11.10(1) the defendant has failed to complete court-ordered treatment successfully; and
11.11(2) the defendant is likely not to complete court-ordered treatment before the term of
11.12probation expires.
11.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
11.14committed on or after that date.
11.15 Sec. 7. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
11.16 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to
11.17imprisonment for not more than
11.18$10,000, or both, if the person violates
11.19years after having been previously convicted of
11.20
11.21 617.23
11.22
11.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
11.24committed on or after that date.
11.25 Sec. 8. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
11.26to read:
11.27 Subd. 6. Offender location. (a) Upon the victim's written or electronic request
11.28and if the victim and offender have been household or family members as defined in
11.29section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
11.30commissioner's designee shall disclose to the victim of an offender convicted of a crime
11.31pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
11.32of the offender's residency upon release from a Department of Corrections facility, unless:
12.1(1) the offender is not supervised by the commissioner of corrections or the
12.2commissioner's designee at the time of the victim's request;
12.3(2) the commissioner of corrections or the commissioner's designee does not have
12.4the city or zip code; or
12.5(3) the commissioner of corrections or the commissioner's designee reasonably
12.6believes that disclosure of the city or zip code of the offender's residency creates a risk
12.7to the victim, offender, or public safety.
12.8(b) All identifying information regarding the victim including, but not limited to, the
12.9notification provided by the commissioner of corrections or the commissioner's designee
12.10is classified as private data on individuals as defined in section 13.02, subdivision 12, and
12.11is accessible only to the victim.
12.12EFFECTIVE DATE.This section is effective January 15, 2015.
12.13 Sec. 9. REVISOR'S INSTRUCTION.
12.14In the next edition of Minnesota Statutes, the revisor of statutes shall change the
12.15headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor."
12.18 Section 1. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision
12.19to read:
12.20 Subd. 5d. Local government. "Local government" has the meaning given in Code
12.21of Federal Regulations, title 44, section 206.2 (2012).
12.22 Sec. 2. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to
12.23read:
12.24 Subd. 6b. Nonfederal share. "Nonfederal share" has the meaning given in section
12.2512A.02, subdivision 7.
12.26 Sec. 3. Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:
12.27 Subd. 4. Subgrant agreements; state share. (a) The state director, serving as the
12.28governor's authorized representative, may enter into subgrant agreements with eligible
12.29applicants to provide federal and state financial assistance made available as a result
12.30of a disaster declaration.
13.1(b) When state funds are used to provide the FEMA Public Assistance Program
13.2cost-share requirement for a local government, the state director must award a local
13.3government 100 percent of the nonfederal share of the local government's FEMA Public
13.4Assistance Program costs.
13.5 Sec. 4. Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision
13.6to read:
13.7 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
13.8assistance contingency account is created in the general fund in the state treasury. Money
13.9in the disaster assistance contingency account is appropriated to the commissioner of
13.10public safety to provide:
13.11(1) cost-share for federal assistance under section 12A.15, subdivision 1; and
13.12(2) state public disaster assistance to eligible applicants under chapter 12B.
13.13(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
13.14100 percent of any nonfederal share for state agencies and local governments. Money
13.15appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
13.16nonfederal share for publicly owned capital improvement projects.
13.17(c) For appropriations under paragraph (a), clause (2), the amount appropriated
13.18is the amount required to pay eligible claims under chapter 12B, as certified by the
13.19commissioner of public safety.
13.20(d) If the amount appropriated is insufficient to cover costs for paragraph (a), clauses
13.21(1) and (2), the commissioner of public safety shall pay up to an additional $4,000,000
13.22from the general fund appropriation provided under this paragraph. No payment shall be
13.23made under this paragraph until:
13.24(1) the commissioner of public safety has given the commissioner of management
13.25and budget an estimate of the additional funds required;
13.26(2) the commissioner of management and budget has reported the estimate to the
13.27chairs of the house of representatives Ways and Means Committee and the senate Finance
13.28Committee; and
13.29(3) the commissioner of management and budget has approved the payments.
13.30(e) Amounts approved by the commissioner of management and budget, up to
13.31$4,000,000 per fiscal year, are appropriated from the general fund to the commissioner
13.32of public safety. By January 15 of each year, the commissioner of management and
13.33budget shall submit a report to the chairs of the house of representatives Ways and
13.34Means Committee and the senate Finance Committee detailing state disaster assistance
13.35appropriations and expenditures under this subdivision during the previous calendar year.
14.1(f) The governor's budget proposal submitted to the legislature under section 16A.11
14.2must include recommended appropriations to the disaster assistance contingency account.
14.3The governor's appropriation recommendations must be informed by the commissioner of
14.4public safety's estimate of the amount of money that will be necessary to:
14.5(1) provide 100 percent of the nonfederal share for state agencies and local
14.6governments that will receive federal financial assistance from FEMA during the next
14.7biennium; and
14.8(2) fully pay all eligible claims under chapter 12B.
14.9(g) Notwithstanding section 16A.28:
14.10(1) funds appropriated or transferred to the disaster assistance contingency account
14.11do not lapse but remain in the account until appropriated; and
14.12(2) funds appropriated from the disaster assistance contingency account do not lapse
14.13and are available until expended.
14.14 Sec. 5. Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:
14.15 Subd. 2. Appropriation. "Appropriation" means an appropriation provided in law
14.16specifically to implement this chapter, including but not limited to a statutory appropriation
14.17to provide the required cost-share for federal disaster assistance under section 12.221.
14.18 Sec. 6. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
14.19to read:
14.20 Subd. 6. Local government. "Local government" has the meaning given in section
14.2112.03, subdivision 5d.
14.22 Sec. 7. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
14.23to read:
14.24 Subd. 7. Nonfederal share. "Nonfederal share" means that portion of total FEMA
14.25Public Assistance Program costs that is no more than 25 percent and is not eligible for
14.26FEMA reimbursement.
14.27 Sec. 8. Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:
14.28 Subd. 3. Nonduplication of federal assistance. State assistance may not duplicate
14.29or supplement eligible FEMA Public Assistance Program assistance. For eligible Public
14.30Assistance Program costs, any state
14.31that assistance must be disbursed by the Department of Public Safety to a state agency,
14.32local
15.1distributed by a state agency, other than the Department of Public Safety, to a
15.2
15.3FEMA Public Assistance Program assistance constitutes an advance of funds. Such
15.4advances must be repaid to the applicable state agency when the applicant has received
15.5the FEMA Public Assistance Program assistance, and whatever state
15.6 money may be made available for that assistance, from the Department of Public Safety.
15.7 Sec. 9. Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:
15.8 Subdivision 1. State
15.9may be used
15.10percent of the nonfederal share for state agencies
15.11
15.12
15.13the bond proceeds fund may be used
15.14federal disaster assistance for publicly owned capital improvement projects
15.15
15.16 Sec. 10. Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision
15.17to read:
15.18 Subd. 9. Disaster assistance. (a) The commissioner of management and budget
15.19must transfer the unexpended and unencumbered balance of a general fund disaster
15.20assistance appropriation that expires as provided under this section or as otherwise provided
15.21by law to the disaster assistance contingency account in section 12.221, subdivision 6.
15.22(b) Expired disaster assistance transferred to the disaster assistance contingency
15.23account is available for appropriation as provided under section 12.221, subdivision
15.246, regardless of the specific disaster event or purpose for which the expired disaster
15.25assistance was originally appropriated.
15.26(c) The commissioner must report each transfer to the chairs of the house of
15.27representatives Ways and Means Committee and the senate Finance Committee.
15.28(d) For the purposes of this subdivision, "disaster assistance appropriation" means
15.29an appropriation from the general fund to provide cost-share required for federal disaster
15.30assistance or to provide other state disaster assistance under chapter 12A or 12B.
15.31 Sec. 11. EFFECTIVE DATE.
15.32This article is effective the day following final enactment.
16.3 Section 1. [12B.10] PUBLIC DISASTER ASSISTANCE; ABSENT FEDERAL
16.4AID.
16.5This chapter establishes a state public assistance program to provide cost-share
16.6assistance to local governments that sustain significant damage on a per capita basis but
16.7are not eligible for federal disaster assistance or corresponding state assistance under
16.8chapter 12A.
16.9 Sec. 2. [12B.15] DEFINITIONS.
16.10 Subdivision 1. Application. The definitions in this section apply to this chapter.
16.11 Subd. 2. Applicant. "Applicant" means a local government that applies for state
16.12disaster assistance under this chapter.
16.13 Subd. 3. Commissioner. "Commissioner" means the commissioner of public safety.
16.14 Subd. 4. Director. "Director" means the director of the Division of Homeland
16.15Security and Emergency Management in the Department of Public Safety.
16.16 Subd. 5. Disaster. "Disaster" means any catastrophe, including but not limited
16.17to a tornado, storm, high water, wind-driven water, tidal wave, earthquake, volcanic
16.18eruption, landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire,
16.19flood, or explosion.
16.20 Subd. 6. FEMA. "FEMA" means the Federal Emergency Management Agency.
16.21 Subd. 7. Incident period. "Incident period" means the time interval of a disaster as
16.22delineated by specific start and end dates.
16.23 Subd. 8. Local government. "Local government" has the meaning given in section
16.2412A.03, subdivision 5d.
16.25 Sec. 3. [12B.25] ELIGIBILITY CRITERIA; CONSIDERATIONS.
16.26 Subdivision 1. Payment required; eligibility criteria. The director, serving as
16.27the governor's authorized representative, may enter into grant agreements with eligible
16.28applicants to provide state financial assistance made available as a result of a disaster
16.29that satisfies all of the following criteria:
16.30(1) the state and applicable local government declares a disaster or emergency
16.31during the incident period;
16.32(2) damages suffered and eligible costs incurred are the direct result of the disaster;
17.1(3) federal disaster assistance is not available to the applicant because the governor
17.2did not request a presidential declaration of major disaster, the president denied the
17.3governor's request, or the applicant is not eligible for federal disaster assistance because
17.4the state or county did not meet the per capita impact indicator under FEMA's Public
17.5Assistance Program;
17.6(4) the applicant incurred eligible damages that, on a per capita basis, equal or
17.7exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
17.8Assistance Program;
17.9(5) the applicant assumes responsibility for 25 percent of the applicant's total
17.10eligible costs; and
17.11(6) the applicant satisfies all requirements in this chapter.
17.12 Subd. 2. Considerations; other resources available. When evaluating applicant
17.13eligibility under subdivision 1, the director must consider:
17.14(1) the availability of other resources from federal, state, local, private, or other
17.15sources; and
17.16(2) the availability or existence of insurance.
17.17 Sec. 4. [12B.30] ELIGIBLE COSTS.
17.18 Subdivision 1. Eligible costs. Costs eligible for payment under this chapter are
17.19those costs that would be eligible for federal financial assistance under FEMA's Public
17.20Assistance Program.
17.21 Subd. 2. Ineligible costs. Ineligible costs are all costs not included in subdivision
17.221, including but not limited to:
17.23(1) ordinary operating expenses, including salaries and expenses of employees and
17.24public officials that are not directly related to the disaster response;
17.25(2) costs for which payment has been or will be received from any other funding
17.26source;
17.27(3) disaster-related costs that should, in the determination of the director, be covered
17.28and compensated by insurance; and
17.29(4) projects and claims totaling less than $10,000.
17.30 Sec. 5. [12B.35] APPLICANT'S SHARE.
17.31An applicant's share of eligible costs incurred must not be less than 25 percent. The
17.32substantiated value of donated materials, equipment, services, and labor may be used as
17.33all or part of the applicant's share of eligible costs, subject to the following:
18.1(1) all items and sources of donation must be indicated on the application and any
18.2supporting documentation submitted to the commissioner;
18.3(2) the rate for calculating the value of donated, nonprofessional labor is the
18.4prevailing federal minimum wage;
18.5(3) the value of donated equipment may not exceed the highway equipment rates
18.6approved by the commissioner of transportation; and
18.7(4) the value of donated materials and professional services must conform to market
18.8rates and be established by invoice.
18.9 Sec. 6. [12B.40] APPLICATION PROCESS.
18.10(a) The director must develop application materials and may update the materials as
18.11needed. Application materials must include instructions and requirements for assistance
18.12under this chapter.
18.13(b) An applicant has 30 days from the end of the incident period or the president's
18.14official denial of the governor's request for a declaration of a major disaster to provide the
18.15director with written notice of intent to apply. The director may deny an application due to
18.16a late notice of intent to apply.
18.17(c) Within 60 days after the end of the incident period or the president's official denial
18.18of the governor's request for a declaration of a major disaster, the applicant must submit a
18.19complete application to the director. A complete application includes the following:
18.20(1) the cause, location of damage, and incident period;
18.21(2) documentation of a local, tribal, county, or state disaster or emergency
18.22declaration in response to the disaster;
18.23(3) a description of damages, an initial damage assessment, and the amount of
18.24eligible costs incurred by the applicant;
18.25(4) a statement or evidence that the applicant has the ability to pay for at least 25
18.26percent of total eligible costs incurred from the disaster; and
18.27(5) a statement or evidence that the local government has incurred damages equal to
18.28or exceeding 50 percent of the federal countywide threshold in effect during the incident
18.29period.
18.30(d) The director must review the application and supporting documentation for
18.31completeness and may return the application with a request for more detailed information.
18.32The director may consult with local public officials to ensure the application reflects the
18.33extent and magnitude of the damage and to reconcile any differences. The application is
18.34not complete until the director receives all requested information.
19.1(e) If the director returns an application with a request for more detailed information
19.2or for correction of deficiencies, the applicant must submit all required information within
19.330 days of the applicant's receipt of the director's request. The applicant's failure to
19.4provide the requested information in a timely manner without a reasonable explanation
19.5may be cause for denial of the application.
19.6(f) The director has no more than 60 days from the receipt of a complete application
19.7to approve or deny the application, or the application is deemed approved. If the director
19.8denies an application, the director must send a denial letter. If the director approves an
19.9application or the application is automatically deemed approved after 60 days, the director
19.10must notify the applicant of the steps necessary to obtain reimbursement of eligible
19.11costs, including submission of invoices or other documentation substantiating the costs
19.12submitted for reimbursement.
19.13 Sec. 7. [12B.45] CLAIMS PROCESS.
19.14 Subdivision 1. Claims; appeal. (a) An applicant must submit to the director
19.15completed claims for payment of actual and eligible costs on forms provided by the
19.16director. All eligible costs claimed for payment must be documented and consistent with
19.17the eligibility provisions of this chapter.
19.18(b) If the director denies an applicant's claim for payment, the applicant has 30 days
19.19from receipt of the director's determination to appeal in writing to the commissioner. The
19.20appeal must include the applicant's rationale for reversing the director's determination. The
19.21commissioner has 30 days from receipt of the appeal to uphold or modify the director's
19.22determination and formally respond to the applicant. If, within 30 days of receiving
19.23the commissioner's decision, the applicant notifies the commissioner that the applicant
19.24intends to contest the commissioner's decision, the Office of Administrative Hearings shall
19.25conduct a hearing under the contested case provisions of chapter 14.
19.26 Subd. 2. Final inspection. Upon completion of all work by an applicant, the
19.27director may inspect all work claimed by the applicant. The applicant must provide the
19.28director with access to records pertaining to all claimed work and must permit the director
19.29to review all records relating to the work.
19.30 Subd. 3. Closeout. The director must close out an applicant's disaster assistance
19.31application after all of the following occur:
19.32(1) eligible work is complete;
19.33(2) the applicant receives the final amount due or pays any amount owed under
19.34section 12B.50; and
19.35(3) any extant or scheduled audits are complete.
20.1 Subd. 4. Audit. (a) An applicant must account for all funds received under this
20.2chapter in conformance with generally accepted accounting principles and practices. The
20.3applicant must maintain detailed records of expenditures to show that grants received under
20.4this chapter were used for the purpose for which the payment was made. The applicant
20.5must maintain records for five years and make the records available for inspection and
20.6audit by the director or the legislative auditor. The applicant must keep all financial
20.7records for five years after the final payment, including but not limited to all invoices and
20.8canceled checks or bank statements that support all eligible costs claimed by the applicant.
20.9(b) The director or legislative auditor may audit all applicant records pertaining to an
20.10application or payment under this chapter.
20.11 Subd. 5. Reporting payments. The director must post on the division Web site a
20.12list of the recipients and amounts of the payments made under this chapter.
20.13 Sec. 8. [12B.50] FUNDING FROM OTHER SOURCES; REPAYMENT
20.14REQUIRED.
20.15If an applicant subsequently recovers eligible costs from another source after
20.16receiving payment under this chapter, the applicant must pay the commissioner an amount
20.17equal to the corresponding state funds received within 30 days. The commissioner must
20.18deposit any repayment in the disaster response contingency account in section 12.221,
20.19subdivision 6.
20.20 Sec. 9. EFFECTIVE DATE.
20.21This article is effective the day following final enactment.
