A bill for an act
relating to public safety; establishing State Aid For Emergencies (SAFE) account
and aid program to reimburse local governments for expenses incurred in
responding to emergencies; transferring money to SAFE account; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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This section establishes a state public aid program to provide
cost-sharing assistance through reimbursement to local governments during extraordinary
or unplanned public safety events that exhaust available local resources, including mutual
aid, where a local or state emergency is declared and where the extraordinary expenses are
not covered by other federal and state disaster assistance programs.
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(a) For purposes of this section, the terms in this subdivision have
the meanings given.
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(b) "Applicant" means a tribal or local entity that applies for reimbursement under this
section.
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(c) "Backfill" means personnel costs incurred by a sending jurisdiction related to replacing
personnel who have been sent to the receiving jurisdiction.
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(d) "Commissioner" means the commissioner of public safety.
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(e) "Department" means the Department of Public Safety.
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(f) "Incident period" means the period from the onset of the response to a public safety
event until mutual aid is no longer necessary.
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(g) "Mutual aid" means aid rendered to, and at the request of, one state, tribal, or local
entity by another tribal or local entity.
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(h) "Public safety event" means an unplanned or extraordinary event or series of events:
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(1)(i) that exhausts available local resources;
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(ii) where life or property are endangered and local resources are inadequate to handle
the situation;
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(iii) that requires mutual aid; and
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(iv) where a state emergency is declared pursuant to section 12.31 or a local emergency
is declared pursuant to section 12.29; or
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(2) where the State Patrol makes a specific request for assistance from a local unit of
government to support the State Patrol at a facility owned by state government, including
but not limited to the State Capitol.
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(i) "Receiving jurisdiction" means a state, tribal, or local entity that is requesting resources
to respond to the public safety event.
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(j) "Sending jurisdiction" means a tribal or local entity that is sending resources to
respond to the public safety event.
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A State Aid
For Emergencies (SAFE) account is created in the special revenue fund in the state treasury,
consisting of money deposited, donated, allotted, transferred, or otherwise provided to the
account. Money in the SAFE account is annually appropriated to the commissioner to
provide reimbursement and management costs under this section.
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(a) Costs eligible for reimbursement under
this section are those costs associated with a public safety event incurred during the incident
period. Eligible costs are limited to:
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(1) overtime costs;
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(2) logistical needs, including food and lodging;
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(3) incidental supplies necessary to aid in the response;
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(4) backfill personnel costs incurred by a sending jurisdiction; and
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(5) damaged or destroyed equipment costs incurred by a sending jurisdiction.
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(b) When emergency personnel of another state render aid in Minnesota pursuant to the
orders of the governor of their home state, and upon the request of the governor of Minnesota,
the commissioner may reimburse the other state from the SAFE account for:
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(1) the compensation paid and actual and necessary travel, subsistence, and maintenance
expenses of the personnel of the other state while rendering aid as emergency personnel;
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(2) all payments for death, disability, or injury of those personnel incurred in the course
of rendering that aid; and
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(3) all losses of or damage to supplies and equipment of the other state or a governmental
subdivision of the other state resulting from the rendering of aid provided that the laws of
the other state contain provisions substantially similar to this section.
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(c) Notwithstanding section 466.01, subdivision 6, unless there is a written agreement
to the contrary, emergency response personnel retain their employment status with their
sending jurisdiction and have the same powers, duties, rights, privileges, and immunities
as if they were performing like service in the sending jurisdiction.
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(a) To the extent funds are available in the SAFE
account, the commissioner shall authorize reimbursement of eligible costs pursuant to the
following reimbursement rates:
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(1) receiving jurisdiction applicants shall receive 75 percent of eligible costs submitted
for reimbursement; and
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(2) sending jurisdiction applicants shall receive 100 percent of eligible costs submitted
for reimbursement.
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(b) For each public safety event, the commissioner shall not make any payments until
all eligible jurisdictions have applied for reimbursement or 12 months after the state of
emergency concludes, whichever occurs first. If the amount of eligible requests exceed the
amount available in the SAFE account, each agency shall receive a pro rata share of available
funds based on the amount of their approved reimbursement amount.
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(a) The commissioner must develop application
materials for reimbursement and may update the materials as needed. Application materials
must include instructions and requirements for assistance under this section. These application
materials are not subject to the rulemaking requirements under chapter 14.
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(b) An applicant has 30 days from the end of the incident period to request reimbursement
from the SAFE account. The commissioner may deny a late request. The applicant's request
must include:
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(1) the cause, location of the public safety event, and incident period;
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(2) documentation of a local, tribal, county, or state emergency declaration in response
to the public safety event; and
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(3) a description of eligible expenses incurred by the applicant.
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(c) An applicant may submit additional supporting documentation for up to 60 days after
the commissioner's acceptance of the initial request for reimbursement.
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(d) The commissioner shall review the application and supporting documentation for
completeness and may return the application with a request for more detailed information
or correction of deficiencies. The commissioner may consult with appropriate governmental
officials to ensure the application reflects the extent and magnitude of the public safety
event and to reconcile any differences. The application is not complete until the commissioner
receives all requested information.
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(e) If the commissioner returns an application with a request for more detailed information
or for correction of deficiencies, the applicant must resubmit the application with all required
info