1.1.................... moves to amend H.F. No. 445, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [299A.85] STATE AID FOR EMERGENCIES (SAFE); PUBLIC SAFETY
1.4REIMBURSEMENT FOR EXTRAORDINARY OR UNPLANNED INCIDENTS.
1.5    Subdivision 1. Purpose. This section establishes a state public aid program to provide
1.6cost-sharing assistance through reimbursement to local governments during extraordinary
1.7or unplanned public safety events that exhaust available local resources, including mutual
1.8aid, where a local or state emergency is declared and where the extraordinary expenses are
1.9not covered by other federal and state disaster assistance programs.
1.10    Subd. 2. Definitions. (a) For purposes of this section, the terms in this subdivision have
1.11the meanings given.
1.12(b) "Applicant" means a tribal or local entity that applies for reimbursement under this
1.13section.
1.14(c) "Backfill" means personnel costs incurred by a sending jurisdiction related to replacing
1.15personnel who have been sent to the receiving jurisdiction.
1.16(d) "Commissioner" means the commissioner of public safety.
1.17(e) "Department" means the Department of Public Safety.
1.18(f) "Incident period" means the period from the onset of the response to a public safety
1.19event until mutual aid is no longer necessary.
1.20(g) "Mutual aid" means aid rendered to, and at the request of, one state, tribal, or local
1.21entity by another tribal or local entity.
1.22(h) "Public safety event" means an unplanned or extraordinary event or series of events:
2.1(1)(i) that exhausts available local resources;
2.2(ii) where life or property are endangered and local resources are inadequate to handle
2.3the situation;
2.4(iii) that requires mutual aid; and
2.5(iv) where a state emergency is declared pursuant to section 12.31 or a local emergency
2.6is declared pursuant to section 12.29; or
2.7(2) where the State Patrol makes a specific request for assistance from a local unit of
2.8government to support the State Patrol at a facility owned by state government, including
2.9but not limited to the State Capitol.
2.10(i) "Receiving jurisdiction" means a state, tribal, or local entity that is requesting resources
2.11to respond to the public safety event.
2.12(j) "Sending jurisdiction" means a tribal or local entity that is sending resources to
2.13respond to the public safety event.
2.14    Subd. 3. State Aid For Emergencies (SAFE) account; appropriation. A State Aid
2.15For Emergencies (SAFE) account is created in the special revenue fund in the state treasury,
2.16consisting of money deposited, donated, allotted, transferred, or otherwise provided to the
2.17account. Money in the SAFE account is annually appropriated to the commissioner to
2.18provide reimbursement and management costs under this section.
2.19    Subd. 4. Eligibility criteria; considerations. (a) Costs eligible for reimbursement under
2.20this section are those costs associated with a public safety event incurred during the incident
2.21period. Eligible costs are limited to:
2.22(1) overtime costs;
2.23(2) logistical needs, including food and lodging;
2.24(3) incidental supplies necessary to aid in the response;
2.25(4) backfill personnel costs incurred by a sending jurisdiction; and
2.26(5) damaged or destroyed equipment costs incurred by a sending jurisdiction.
2.27(b) When emergency personnel of another state render aid in Minnesota pursuant to the
2.28orders of the governor of their home state, and upon the request of the governor of Minnesota,
2.29the commissioner may reimburse the other state from the SAFE account for:
2.30(1) the compensation paid and actual and necessary travel, subsistence, and maintenance
2.31expenses of the personnel of the other state while rendering aid as emergency personnel;
3.1(2) all payments for death, disability, or injury of those personnel incurred in the course
3.2of rendering that aid; and
3.3(3) all losses of or damage to supplies and equipment of the other state or a governmental
3.4subdivision of the other state resulting from the rendering of aid provided that the laws of
3.5the other state contain provisions substantially similar to this section.
3.6(c) Notwithstanding section 466.01, subdivision 6, unless there is a written agreement
3.7to the contrary, emergency response personnel retain their employment status with their
3.8sending jurisdiction and have the same powers, duties, rights, privileges, and immunities
3.9as if they were performing like service in the sending jurisdiction.
3.10    Subd. 5. Reimbursement rates. (a) To the extent funds are available in the SAFE
3.11account, the commissioner shall authorize reimbursement of eligible costs pursuant to the
3.12following reimbursement rates:
3.13(1) receiving jurisdiction applicants shall receive 75 percent of eligible costs submitted
3.14for reimbursement; and
3.15(2) sending jurisdiction applicants shall receive 100 percent of eligible costs submitted
3.16for reimbursement.
3.17(b) For each public safety event, the commissioner shall not make any payments until
3.18all eligible jurisdictions have applied for reimbursement or 12 months after the state of
3.19emergency concludes, whichever occurs first. If the amount of eligible requests exceed the
3.20amount available in the SAFE account, each agency shall receive a pro rata share of available
3.21funds based on the amount of their approved reimbursement amount.
3.22    Subd. 6. Reimbursement process. (a) The commissioner must develop application
3.23materials for reimbursement and may update the materials as needed. Application materials
3.24must include instructions and requirements for assistance under this section. These application
3.25materials are not subject to the rulemaking requirements under chapter 14.
3.26(b) An applicant has 30 days from the end of the incident period to request reimbursement
3.27from the SAFE account. The commissioner may deny a late request. The applicant's request
3.28must include:
3.29(1) the cause, location of the public safety event, and incident period;
3.30(2) documentation of a local, tribal, county, or state emergency declaration in response
3.31to the public safety event; and
3.32(3) a description of eligible expenses incurred by the applicant.
4.1(c) An applicant may submit additional supporting documentation for up to 60 days after
4.2the commissioner's acceptance of the initial request for reimbursement.
4.3(d) The commissioner shall review the application and supporting documentation for
4.4completeness and may return the application with a request for more detailed information
4.5or correction of deficiencies. The commissioner may consult with appropriate governmental
4.6officials to ensure the application reflects the extent and magnitude of the public safety
4.7event and to reconcile any differences. The application is not complete until the commissioner
4.8receives all requested information.
4.9(e) If the commissioner returns an application with a request for more detailed information
4.10or for correction of deficiencies, the applicant must resubmit the application with all required
4.11information within 30 days of the applicant's receipt of the commissioner's request. The
4.12applicant's failure to provide the requested information in a timely manner without a
4.13reasonable explanation may be cause for denial of the application.
4.14(f) The commissioner must approve or deny an application within 60 days of receipt of
4.15a complete application or the application is deemed approved. If the commissioner approves
4.16an application or the application is automatically deemed approved after 60 days, the
4.17commissioner must provide written notification to the applicant. If the commissioner denies
4.18an application, the commissioner must provide written notice to the applicant of the denial
4.19and the appeal process.
4.20    Subd. 7. Appeal process. (a) An applicant must submit to the commissioner completed
4.21claims for payment of actual and eligible costs on forms provided by the commissioner. All
4.22eligible costs claimed for payment must be documented and consistent with the eligibility
4.23provisions of this section.
4.24(b) If the commissioner denies an applicant's claim for payment, the applicant has 30
4.25days from receipt of the commissioner's determination to appeal in writing to the
4.26commissioner. The appeal must include the applicant's rationale for reversing the
4.27commissioner's determination. The commissioner has 30 days from receipt of the appeal to
4.28uphold or modify the commissioner's determination and formally respond to the applicant.
4.29If no written request for appeal is received, the determination is final. The applicant is
4.30entitled to judicial review under sections 14.63 to 14.68 in the same manner that a person
4.31aggrieved by a final decision in a contested case is entitled to judicial review. The
4.32commissioner's determination under this section shall be a final decision of the department
4.33for purposes of sections 14.63 to 14.68.
5.1    Subd. 8. Closeout of application. The commissioner must close out an applicant's
5.2reimbursement application after all of the following occur:
5.3(1) the applicant receives the final amount due;
5.4(2) the applicant repays any amount recovered for eligible costs from another source
5.5after receiving payment under this section; and
5.6(3) any scheduled audits are complete.
5.7    Subd. 9. Audit. (a) An applicant must account for all funds received under this section
5.8in conformance with generally accepted accounting principles and practices. The applicant
5.9must maintain detailed records of expenditures to show that grants received under this
5.10section were used for the purpose for which the payment was made. The applicant must
5.11maintain records for five years and make the records available for inspection and audit by
5.12the commissioner or the state auditor. The applicant must keep all financial records for five
5.13years after the final payment, including but not limited to all invoices and canceled checks
5.14or bank statements that support all eligible costs claimed by the applicant.
5.15(b) The commissioner or state auditor may audit all applicant records pertaining to an
5.16application for reimbursement or receipt of payment under this section.
5.17    Subd. 10. Reporting reimbursement payments. The commissioner shall post on the
5.18department's website and provide to the chairs and ranking minority members of the
5.19legislative policy and budget committees with jurisdiction over public safety finance and
5.20emergency response funding a description of the public safety event and a list of the recipients
5.21and amounts of the reimbursement payments made under this section.
5.22    Subd. 11. Management costs. The department may be reimbursed from the SAFE
5.23account an amount of not more than five percent of the grant values as management costs.
5.24Management costs include indirect costs, direct administrative costs, and other administrative
5.25expenses associated with the public safety event.
5.26    Subd. 12. Funding from other sources; repayment required. If an applicant recovers
5.27eligible costs from another source after receiving payment under this section, the applicant
5.28must pay the department within 30 days an amount equal to the corresponding state funds
5.29received. The commissioner must deposit any repayment into the SAFE account.
5.30EFFECTIVE DATE.This section is effective the day following final enactment.

6.1    Sec. 2. STATE AID FOR EMERGENCIES (SAFE) ACCOUNT; TRANSFER.
6.2$35,000,000 is transferred from the general fund to the State Aid For Emergencies
6.3(SAFE) account in the special revenue fund created in Minnesota Statutes, section 299A.85.
6.4EFFECTIVE DATE.This section is effective the day following final enactment."
6.5Amend the title accordingly