reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12 — Emergency Management › Section 12.43 — Subversives; Hiring, Using; Oath.

12.43 SUBVERSIVES; HIRING, USING; OATH.
No person may be employed or associated in any capacity in an emergency management organization established under this chapter who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for emergency management shall, before entering upon any duties, take an oath, in writing, before a person authorized to administer oaths in this state, which must be substantially as follows:
"I, .........., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of ..... against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization), I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States, or of this state, by force or violence."
History:
1951 c 694 s 403; 1953 c 745 s 1; 1969 c 1129 art 1 s 14; 1974 c 428 s 5; 1986 c 444; 1987 c 71 s 2; 1996 c 344 s 28
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12 — Emergency Management › Section 12.44 — Political Activities.

12.44 POLITICAL ACTIVITIES.
No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor be employed directly or indirectly for political purposes, nor be employed in a legitimate labor dispute.
History:
1951 c 694 s 404; 1996 c 344 s 29
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12 — Emergency Management › Section 12.45 — Violations, Penalties.

12.45 VIOLATIONS, PENALTIES.
Unless a different penalty or punishment is specifically prescribed, a person who willfully violates a provision of this chapter or a rule or order having the force and effect of law issued under authority of this chapter is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days.
History:
1951 c 694 s 405; 1985 c 248 s 70; 1996 c 344 s 30; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12 — Emergency Management › Section 12.46 — Limitation Of Powers.

12.46 LIMITATION OF POWERS.
Nothing in this chapter authorizes the governor or the director:
(1) by subpoena or otherwise to require any person to appear before any person or to produce any records for inspection by any person, or to examine any person under oath; and
(2) to remove summarily from office any person, other than a person appointed under this chapter, except as now provided by law or as herein specifically authorized.
History:
1951 c 694 s 406; 1986 c 444; 1996 c 344 s 31
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12 — Emergency Management › Section 12.61 — Temporary Medical Care Facilities; Liability.

12.61 TEMPORARY MEDICAL CARE FACILITIES; LIABILITY.
Subdivision 1.
Definitions.
For purposes of this section:
(a) "Emergency plan" includes:
(i) any plan for managing an emergency threatening public health developed by the commissioner of health or a local public health agency;
(ii) any plan for managing an emergency threatening public health developed by one or more hospitals, clinics, nursing homes, or other health care facilities or providers and approved by the commissioner of health or local public health agency in consultation with emergency management officials; or
(iii) any provision for assistance by out-of-state responders under interstate or international compacts, including but not limited to the Emergency Management Assistance Compact.
(b) "Regional hospital system" means all hospitals in one of the hospital bioterrorism preparedness program geographic regions of the state set forth in the most recent hospital preparedness plan available on the Department of Health website.
(c) "Responder" means any person or organization whether paid or volunteer that provides health care or other health-related services in an emergency including, but not limited to, physicians, physician assistants, registered and other nurses, certified nursing assistants, or other staff within a health care provider organization, pharmacists, chiropractors, dentists, emergency medical technicians, members of a specialized medical response unit, laboratory technicians, morticians, registered first responders, mental health professionals, hospitals, nursing and boarding care facilities, home health care agencies, other long-term care providers, medical and dental clinics, medical laboratories, and ambulance service personnel, dispatch services, and persons not registered as first responders but affiliated with a medical response unit and dispatched to the scene of an emergency by a public safety answering point or licensed ambulance service.
Subd. 2.
Emergency executive order.
(a) During a national security emergency or a peacetime emergency declared under section 12.31, the governor may issue an emergency executive order upon finding that the number of seriously ill or injured persons exceeds the emergency hospital or medical transport capacity of one or more regional hospital systems and that care for those persons has to be given in temporary care facilities.
(b) During the effective period of the emergency executive order, a responder in any impacted region acting consistent with emergency plans is not liable for any civil damages or administrative sanctions as a result of good-faith acts or omissions by that responder in rendering emergency care, advice, or assistance. This section does not apply in case of malfeasance in office or willful or wanton actions.
History:
2005 c 150 s 12; 2022 c 55 art 1 s 3
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.01 — State Response To Natural Disaster.

12A.01 STATE RESPONSE TO NATURAL DISASTER.
This chapter provides a framework and procedures for state agencies to assist communities to recover from a natural disaster for areas of Minnesota that are included in a presidential declaration of major disaster.
History:
2008 c 247 s 1
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.02 — Definitions.

12A.02 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to this chapter.
Subd. 2.
Appropriation.
"Appropriation" means an appropriation provided in law specifically to implement this chapter, including but not limited to a statutory appropriation to provide the required cost-share for federal disaster assistance under section 12.221.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of the agency named in the section, unless otherwise specified.
Subd. 4.
Disaster.
"Disaster" means a presidential declaration of major disaster and the event or events cited in the declaration.
Subd. 5.
Disaster area.
"Disaster area" means the area of Minnesota included in a presidential declaration of major disaster whether included in the original declaration or added later by federal government action.
Subd. 6.
Local government.
"Local government" has the meaning given in section 12.03, subdivision 5d.
Subd. 7.
Nonfederal share.
"Nonfederal share" means that portion of total FEMA Public Assistance Program costs that is no more than 25 percent and is not eligible for FEMA reimbursement.
History:
2008 c 247 s 2; 2014 c 312 art 7 s 5-7
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.03 — State Assistance.

12A.03 STATE ASSISTANCE.
Subdivision 1.
Appropriations in law.
Appropriations for programs and projects under this chapter must be made in law. Appropriations from the bond proceeds fund must be spent to acquire and to better publicly owned land and buildings and other public improvements of a capital nature. All appropriations must be used to assist communities within the disaster area to recover.
Subd. 2.
State assistance for disaster costs not eligible for federal assistance.
State assistance under this chapter may be made available for relief in a disaster area for costs that are not eligible for assistance through the FEMA Public Assistance Program or the FEMA Individual Assistance Program, and may not duplicate or replace assistance available from other federal government agencies, including the Small Business Administration, private insurance, or flood insurance.
Subd. 3.
Nonduplication of federal assistance.
State assistance may not duplicate or supplement eligible FEMA Public Assistance Program assistance. For eligible Public Assistance Program costs, any state cost-share money made available for that assistance must be disbursed by the Department of Public Safety to a state agency, local government, or other applicant. State assistance distributed by a state agency, other than the Department of Public Safety, to a local government or other applicant for disaster costs that are eligible for FEMA Public Assistance Program assistance constitutes an advance of funds. Such advances must be repaid to the applicable state agency when the applicant has received the FEMA Public Assistance Program assistance, and whatever state cost-share money may be made available for that assistance, from the Department of Public Safety.
Subd. 4.
Reporting.
A commissioner who provides non-FEMA Public Assistance Program grants or other assistance under this chapter to local government units or eligible entities must report to the appropriate finance chairs in the house of representatives and the senate on the criteria and requirements used by local government units or their agencies in the grants, loans, or assistance programs.
Subd. 5.
Transfers.
Unused general fund money appropriated for a project or program in this chapter may be transferred, for assistance in the disaster area, to another program or project funded in this chapter. Appropriation transfers must be used to cover unmet needs in a program or project under this chapter. The commissioner of management and budget must approve all transfers under this section and must report each transfer to the chairs of the senate Finance Committee and house of representatives Ways and Means Committee.
History:
2008 c 247 s 3; 2009 c 101 art 2 s 109; 2014 c 312 art 7 s 8
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.04 — Agriculture.

12A.04 AGRICULTURE.
The commissioner of agriculture may use state appropriations for disaster assistance. The commissioner, in consultation with the chairs of the house of representatives and senate committees with responsibility for agriculture finance, must develop eligibility criteria to distribute disaster assistance to affected agricultural producers according to need. Assistance may be provided for, but is not limited to, the following: livestock investment grants, organic certification assistance, forage production loss offsets for livestock producers, no-interest disaster recovery loans, other costs related to the disaster, and mental health counseling support to farm families and business operators through farm business management programs. To be eligible for disaster assistance under this section, a producer must operate an agricultural operation in the disaster area.
History:
2008 c 247 s 4; 2012 c 187 art 1 s 2
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.05 — Board Of Water And Soil Resources.

12A.05 BOARD OF WATER AND SOIL RESOURCES.
Subdivision 1.
Reinvest in Minnesota (RIM) conservation easements.
The Board of Water and Soil Resources (board) may use appropriations to acquire easements from landowners on marginal or damaged lands in the disaster area to provide flood attenuation, to restore and protect soil and water resources, and to support related fish and wildlife habitat as provided in section 103F.515.
The board may use appropriations, as provided in law, to implement the program.
Subd. 2.
Erosion and sediment control, water quality and watershed protection projects.
The board may establish a disaster recovery program and use appropriations to install, repair, or rehabilitate erosion and sediment control and water quality and watershed protection projects in the disaster area.
The board may use appropriations, as provided in law, to implement the disaster recovery program and to address critical conservation problems resulting from the disaster that are funded in whole or in part with state sources, to the extent that combined federal and state funding does not exceed 100 percent.
Subd. 3.
Waivers and extensions authorized.
The board may waive the provisions of Minnesota Rules, chapter 8400, in the disaster area on land damaged by the disaster. All existing grant agreements in the disaster area may be extended for up to two years.
History:
2008 c 247 s 5; 2010 c 382 s 2; 2011 c 67 s 1; 2012 c 187 art 1 s 3
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.06 — Education.

12A.06 EDUCATION.
Subdivision 1.
Disaster enrollment impact aid.
As used in this section, "commissioner" means the commissioner of education. The commissioner may pay disaster enrollment impact aid to a school district in an amount set in law times the number of adjusted pupil units lost as a result of the disaster. An eligible district must provide to the commissioner documentation of the number of pupils in average daily membership lost by grade level as a result of the disaster.
Subd. 2.
Disaster relief facilities grant.
The commissioner may make grants to an eligible district for the costs of facilities cleanup, repair, and replacement that are related to the disaster and are not covered by the district's insurance settlement or through federal agency payments. Before a grant is awarded, the eligible school district must provide the commissioner with information as requested.
Subd. 3.
Disaster relief operating grant.
The commissioner may make grants to an eligible district for additional school operating costs related to the disaster that are not covered by the district's insurance settlement or through Federal Emergency Management Agency payments. Before a grant is awarded, the eligible school district must provide the commissioner with information as requested.
Subd. 4.
Pupil transportation aid.
The commissioner may make grants to eligible districts for the increased costs associated with transporting students as a result of the disaster.
History:
2008 c 247 s 6; 2011 c 67 s 2; 2012 c 187 art 1 s 4
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.08 — Health.

12A.08 HEALTH.
Subdivision 1.
Commissioner responsibilities.
As used in this section, "commissioner" means the commissioner of health. In disaster-affected communities, the commissioner may provide for necessary assessment and evaluation of the following: access to health care; mental health concerns and needs; infectious disease concerns; indoor environments of public and nonprofit buildings and facilities including nursing homes and mass care facilities; food safety, lodging and shelter; public swimming pools; community and other drinking water systems; and private drinking water supply wells.
Subd. 2.
Public health.
The commissioner may take necessary steps to remediate the effects of a disaster to ensure public health is maintained.
Subd. 3.
Implementation.
To implement the requirements of this section, the commissioner may cooperate with private health care providers and facilities, Tribal nations, and community health boards as defined in section 145A.02; provide grants to assist community health boards and Tribal nations; use volunteer services of individuals qualified to provide public health services; and enter into cooperative or mutual aid agreements to provide public health services.
History:
2008 c 247 s 8; 2012 c 187 art 1 s 6; 2015 c 21 art 1 s 109; 2023 c 70 art 4 s 1
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.09 — Housing Finance.

12A.09 HOUSING FINANCE.
Subdivision 1.
Economic development and housing challenge.
The economic development and housing challenge program under section 462A.33 may provide for housing assistance in the disaster area as provided in this section.
Subd. 2.
Assistance.
Within the limits of state appropriations, assistance is provided to homeowners and rental property owners as forgivable loans up to a maximum set in law. Loans may be used for capital improvements to housing damaged by the disaster, including rehabilitation, replacement on the owner's site, or replacement on a different site within the disaster area. Loans are forgiven for owner-occupied housing if the home remains the borrower's primary residence for a period of time determined by the Housing Finance Agency to encourage continued residence in the community after the date of the loan. Loans are forgiven for rental properties if the rents remain affordable to the local work force for at least ten years after the date of the loan. The Housing Finance Agency may set income limits in excess of the limits established in section 462A.33, subdivision 5. Eligible applicants for assistance under this subdivision must apply for and accept assistance from federal programs.
Subd. 3.
Capacity building grants.
Grants may be made under section 462A.21, subdivision 3b:
(1) to local units of government, including regional consortia, in the disaster area;
(2) to nonprofit organizations; and
(3) to federally recognized American Indian Tribes or subdivisions located in Minnesota, and Tribal housing corporations
working in the disaster area to assess housing and related needs, develop and implement community or regional plans to meet those needs, and provide capacity to implement recovery plans.
Subd. 4.
Waivers authorized.
For assistance under subdivision 2, the requirements of section 462A.33, subdivision 3, and Minnesota Rules, parts 4900.3632 and 4900.3634, subpart 4, are waived.
Subd. 5.
Repayments.
Any repayments of loans made under this section must be deposited in the Housing Finance Agency's disaster relief contingency fund established in section 462A.21, subdivision 29.
History:
2008 c 247 s 9; 2011 c 67 s 5; 2012 c 187 art 1 s 7; 1Sp2012 c 1 art 1 s 19; 1Sp2021 c 8 art 2 s 1
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.10 — Human Services.

12A.10 HUMAN SERVICES.
Subdivision 1.
Costs eligible for payment.
As used in this section, "commissioner" means the commissioner of human services. Notwithstanding the limitations of section 12A.01 and the requirement in section 12A.03 that all appropriations must be used to assist with recovery, the commissioner may pay parties under contract, provider agreement, or other arrangement with the commissioner as of the date of a natural disaster, or the date when action was taken in anticipation of a possible natural disaster or other event that threatens the health and safety of individuals served by a program that receives funding from medical assistance for the costs of evacuation, transportation, medical, remedial, or personal care services provided to vulnerable residents. Costs eligible for payment under this section are those necessary to ensure the health and safety of medical assistance recipients during and up to 60 days following the disaster. Only costs that are not already paid for by another source are eligible. The commissioner may make payments for documented incremental costs incurred by a party, may determine an estimate of the costs at the sole discretion of the commissioner, or may use a combination of these two methods. If after receiving payment from the commissioner for a documented cost, the provider is able to acquire payment from another source for that cost, the provider shall reimburse the commissioner in the amount paid.
Subd. 2.
Payment in residential program.
In a residential program, the commissioner shall make payment under this section based on an allocation of costs as determined under subdivision 1 between medical assistance recipients and all other residents. The allocation must not be done in a nursing facility. In a nursing facility the commissioner shall pay all of the costs determined under subdivision 1.
Subd. 3.
Source of payment.
The commissioner shall pay costs under this section using money appropriated for medical assistance and shall seek federal cost sharing to the extent permitted under the Medicaid state plan or under waivers granted by the federal Centers for Medicare and Medicaid Services.
Subd. 4.
Nursing home bed layaway.
In consultation with the commissioner of human services, the commissioner of health may waive timelines specified in section 144A.071, subdivision 4b, at any time when a partial or complete evacuation occurs in response to a natural disaster, a possible natural disaster, or another event that threatens the health and safety of residents of a nursing home. For a nursing home placing beds in or removing them from layaway under this subdivision, property payment rates must not be adjusted.
History:
2008 c 247 s 10; 2009 c 93 art 2 s 14; 2011 c 22 art 1 s 1; 2011 c 67 s 6; 2012 c 187 art 1 s 8,75
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.11 — Minnesota Historical Society.

12A.11 MINNESOTA HISTORICAL SOCIETY.
The Minnesota Historical Society may use state appropriations for the costs of cleanup, renovation, repair, and replacement of historic structures or other historic resources damaged by the disaster.
History:
2008 c 247 s 11
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.12 — Natural Resources.

12A.12 NATURAL RESOURCES.
Subdivision 1.
Facility and natural resource damage.
As used in this section, "commissioner" means the commissioner of natural resources. The commissioner may use state appropriations to rehabilitate and replace state facilities damaged by the disaster and to restore natural resources in the disaster area.
Subd. 2.
Flood hazard mitigation grants.
The commissioner may use state appropriations for the state's share of flood hazard mitigation grants for capital improvements to prevent or alleviate flood damage under section 103F.161 in the disaster area. The commissioner shall determine project priorities, as appropriate, based on need.
To the extent that the cost of a project funded under this subdivision in a given municipality exceeds two percent of the median household income in the municipality, multiplied by the number of households in the municipality, the commissioner may also use the appropriation for the local share of the project.
Subd. 3.
Debris removal; public waters.
The commissioner may use appropriations for expenditures in the disaster area, including removing flood debris from public waters and installing and repairing flood warning gauges.
Subd. 3a.
Dam renovation and removal.
The commissioner may use appropriations to provide cost share for renovating or removing publicly owned dams in the disaster area under sections 103G.511 and 103G.515.
Subd. 4.
Waivers authorized.
The maximum grant award under section 103F.161, subdivision 2, is waived for grants for the disaster area.
History:
2008 c 247 s 12; 2011 c 67 s 7-9; 2012 c 187 art 1 s 9
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.13 — Pollution Control Agency.

12A.13 POLLUTION CONTROL AGENCY.
Notwithstanding sections 115C.08, subdivision 4, and 115C.09, subdivision 3i, the commissioner may use an appropriation, as provided in law, from the petroleum tank release cleanup fund to make grants to safely rehabilitate buildings if a portion of the rehabilitation cost is attributable to petroleum contamination resulting from the disaster or to buy out property substantially damaged by a petroleum tank release resulting from the disaster.
History:
2008 c 247 s 13
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.14 — Public Facilities Authority.

12A.14 PUBLIC FACILITIES AUTHORITY.
Subdivision 1.
Public infrastructure.
The Public Facilities Authority may make grants to local units of government to assist with the cost of rehabilitation and replacement of publicly owned infrastructure, including storm sewers, wastewater systems, municipal utility services, and drinking water systems. The grants must be used for costs related to the disaster for damage that occurred on or after the date of the disaster. A general fund appropriation may be used for grants to assess underground wastewater and stormwater collection systems for damages related to the disaster or for feasibility studies to address the possibility of extending municipal service to residential areas with septic systems damaged as a result of the disaster.
Subd. 2.
Waivers authorized.
For the purposes of this section, criteria, limitations, and repayment requirements in sections 446A.07, 446A.072, and 446A.081 are waived.
History:
2008 c 247 s 14
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.15 — Public Safety.

12A.15 PUBLIC SAFETY.
Subdivision 1.
State cost-share for federal assistance.
State appropriations may be used to pay 100 percent of the nonfederal share for state agencies, local governments, and utility cooperatives under section 12.221. An appropriation from the bond proceeds fund may be used as cost-share for federal disaster assistance for publicly owned capital improvement projects.
Subd. 2.
Grants for debris removal.
Within the limits of general fund appropriations in law, the commissioner may make grants to counties for costs related to the burial and removal of debris resulting from the disaster from residences and farms. The commissioner may require documentation of costs. Grants are available for debris removal and burial costs not covered by private insurance or federal reimbursement.
Subd. 2a.
Long-term recovery assistance.
The commissioner may use appropriations to provide technical assistance to local jurisdictions or to make grants to counties, regional consortia, and nonprofit organizations working in the disaster area to provide assistance in coordinating long-term recovery activities related to the disaster.
Subd. 3.
Waiver of contract approval procedures.
State and federal disaster assistance distributed by the commissioner of public safety is not subject to the contract approval procedures of chapter 16A, 16B, or 16C, or any other law. The commissioner of public safety may adopt internal procedures to administer and monitor these aids and grants.
History:
2008 c 247 s 15; 2009 c 93 art 2 s 15; 2011 c 67 s 10; 2014 c 312 art 7 s 9; 1Sp2015 c 1 art 3 s 1
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12A — Natural Disaster; State Assistance › Section 12A.16 — Transportation.

12A.16 TRANSPORTATION.
Subdivision 1.
Transportation infrastructure operation and maintenance.
The commissioner may use appropriations from the trunk highway fund for transportation infrastructure operation and maintenance related to a disaster.
Subd. 1a.
Emergency relief account in trunk highway fund.
The commissioner may use appropriations from the emergency relief account in the trunk highway fund for infrastructure repair, maintenance, and operation related to a disaster.
Subd. 2.
State highway and bridge reconstruction and repair.
The commissioner is responsible to reconstruct and repair trunk highways and trunk highway bridges located in the disaster area and damaged by the disaster.
Subd. 3.
Local road and bridge reconstruction and replacement.
The commissioner may make grants to local governments for the capital costs of repairing, reconstructing, or replacing local roads and bridges, including necessary demolition and design costs, damaged or destroyed by the disaster. Grants may also be used for reasonable costs to mitigate damage from future disasters when to do so is part of a project to repair, reconstruct, or replace infrastructure damaged in the disaster. Before the commissioner releases grant money, a grantee must submit final plans to the commissioner for each project under this subdivision. The commissioner must determine project priorities, review project plans in light of those priorities, and, if necessary, require changes to the project plans to ensure the most prudent use of limited state resources.
Subd. 4.
Local guidelines.
The commissioner, in consultation with the commissioner of public safety, must develop guidelines for local governments to use to respond to natural disasters in order to maximize the use of federal disaster assistance. The guidelines must address the use of local employees and equipment and contracted employees and equipment in the disaster response and the relative eligibility for federal reimbursement and clarify agency roles and responsibilities for damage estimates used for developing emergency state appropriations.
Subd. 5.
Waivers authorized.
The requirements of section 174.50, subdivisions 5 to 7, are waived for grants under subdivision 3.
History:
2008 c 247 s 16; 2011 c 67 s 11; 2014 c 227 art 2 s 1; 2014 c 295 s 14
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.10 — Public Disaster Assistance; Absent Federal Aid.

12B.10 PUBLIC DISASTER ASSISTANCE; ABSENT FEDERAL AID.
This chapter establishes a state public assistance program to provide cost-share assistance to local governments that sustain significant damage on a per capita basis but are not eligible for federal disaster assistance or corresponding state assistance under chapter 12A.
History:
2014 c 312 art 8 s 1
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.15 — Definitions.

12B.15 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to this chapter.
Subd. 2.
Applicant.
"Applicant" means a local government, state government agency, or utility cooperative that applies for state disaster assistance under this chapter.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of public safety.
Subd. 3a.
County.
"County" or "county government" means each county in which a governmental unit is located in whole or in part, or a county board of commissioners as defined in chapter 375.
Subd. 4.
Director.
"Director" means the director of the Division of Homeland Security and Emergency Management in the Department of Public Safety.
Subd. 5.
Disaster.
"Disaster" means any catastrophe, including but not limited to a tornado, storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire, flood, or explosion.
Subd. 6.
FEMA.
"FEMA" means the Federal Emergency Management Agency.
Subd. 7.
Incident period.
"Incident period" means the time interval of a disaster as delineated by specific start and end dates.
Subd. 8.
Local government.
"Local government" has the meaning given in section 12.03, subdivision 5d.
History:
2014 c 312 art 8 s 2; 2015 c 65 art 7 s 2,3; 2017 c 95 art 3 s 3
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.25 — Eligibility Criteria; Considerations.

12B.25 ELIGIBILITY CRITERIA; CONSIDERATIONS.
Subdivision 1.
Payment required; eligibility criteria.
The director, serving as the governor's authorized representative, may enter into grant agreements with eligible applicants to provide state financial assistance made available as a result of a disaster that satisfies all of the following criteria:
(1) the state or applicable county government declares a disaster or emergency during the incident period;
(2) damages suffered and eligible costs incurred are the direct result of the disaster;
(3) federal disaster assistance is not available to the applicant because the governor did not request a presidential declaration of major disaster, the president denied the governor's request, or the applicant is not eligible for federal disaster assistance because the state or county did not meet the per capita impact indicator under FEMA's Public Assistance Program;
(4) the applicant incurred eligible damages that, on a per capita basis, equal or exceed 50 percent of the countywide per capita impact indicator under FEMA's Public Assistance Program;
(5) the applicant assumes responsibility for 25 percent of the applicant's total eligible costs; and
(6) the applicant satisfies all requirements in this chapter.
Subd. 2.
Considerations; other resources available.
When evaluating applicant eligibility under subdivision 1, the director must consider:
(1) the availability of other resources from federal, state, local, private, or other sources; and
(2) the availability or existence of insurance.
History:
2014 c 312 art 8 s 3; 2015 c 65 art 7 s 4
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.30 — Eligible Costs.

12B.30 ELIGIBLE COSTS.
Subdivision 1.
Eligible costs.
Costs eligible for payment under this chapter are those costs that would be eligible for federal financial assistance under FEMA's Public Assistance Program.
Subd. 2.
Ineligible costs.
Ineligible costs are all costs not included in subdivision 1, including but not limited to:
(1) ordinary operating expenses, including salaries and expenses of employees and public officials that are not directly related to the disaster response;
(2) costs for which payment has been or will be received from any other funding source;
(3) disaster-related costs that should, in the determination of the director, be covered and compensated by insurance; and
(4) projects and claims totaling less than the minimum FEMA project threshold.
History:
2014 c 312 art 8 s 4
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.35 — Applicant's Share.

12B.35 APPLICANT'S SHARE.
An applicant's share of eligible costs incurred must not be less than 25 percent. The substantiated value of donated materials, equipment, services, and labor may be used as all or part of the applicant's share of eligible costs, subject to the following:
(1) all items and sources of donation must be indicated on the application and any supporting documentation submitted to the commissioner;
(2) the rate for calculating the value of donated, nonprofessional labor is the prevailing federal minimum wage;
(3) the value of donated equipment may not exceed the highway equipment rates approved by the commissioner of transportation; and
(4) the value of donated materials and professional services must conform to market rates and be established by invoice.
History:
2014 c 312 art 8 s 5
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.40 — Application Process.

12B.40 APPLICATION PROCESS.
(a) The director must develop application materials and may update the materials as needed. Application materials must include instructions and requirements for assistance under this chapter.
(b) A county government has 30 days from the end of the incident period or the president's official denial of the governor's request for a declaration of a major disaster to request that the governor declare a state disaster. The director may deny a late request. The county government's request for a state disaster declaration must include:
(1) the cause, location of damage, and incident period;
(2) documentation of a local, tribal, county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an initial damage assessment, and the amount of eligible costs incurred by the applicant;
(4) a statement or evidence that the applicant has the ability to pay for at least 25 percent of total eligible costs incurred from the disaster; and
(5) a statement or evidence that the local government has incurred damages equal to or exceeding 50 percent of the federal countywide threshold in effect during the incident period.
(c) An applicant has 60 days from the governor's declaration of a state disaster to submit a complete application for state public disaster assistance to the director.
(d) The director must review the application and supporting documentation for completeness and may return the application with a request for more detailed information. The director may consult with local public officials to ensure the application reflects the extent and magnitude of the damage and to reconcile any differences. The application is not complete until the director receives all requested information.
(e) If the director returns an application with a request for more detailed information or for correction of deficiencies, the applicant must submit all required information within 30 days of the applicant's receipt of the director's request. The applicant's failure to provide the requested information in a timely manner without a reasonable explanation may be cause for denial of the application.
(f) The director has no more than 60 days from the receipt of a complete application to approve or deny the application, or the application is deemed approved. If the director denies an application, the director must send a denial letter. If the director approves an application or the application is automatically deemed approved after 60 days, the director must notify the applicant of the steps necessary to obtain reimbursement of eligible costs, including submission of invoices or other documentation substantiating the costs submitted for reimbursement.
History:
2014 c 312 art 8 s 6; 2015 c 65 art 7 s 5
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.45 — Claims Process.

12B.45 CLAIMS PROCESS.
Subdivision 1.
Claims; appeal.
(a) An applicant must submit to the director completed claims for payment of actual and eligible costs on forms provided by the director. All eligible costs claimed for payment must be documented and consistent with the eligibility provisions of this chapter.
(b) If the director denies an applicant's claim for payment, the applicant has 30 days from receipt of the director's determination to appeal in writing to the commissioner. The appeal must include the applicant's rationale for reversing the director's determination. The commissioner has 30 days from receipt of the appeal to uphold or modify the director's determination and formally respond to the applicant. If, within 30 days of receiving the commissioner's decision, the applicant notifies the commissioner that the applicant intends to contest the commissioner's decision, the Office of Administrative Hearings shall conduct a hearing under the contested case provisions of chapter 14.
Subd. 2.
Final inspection.
Upon completion of all work by an applicant, the director may inspect all work claimed by the applicant. The applicant must provide the director with access to records pertaining to all claimed work and must permit the director to review all records relating to the work.
Subd. 3.
Closeout.
The director must close out an applicant's disaster assistance application after all of the following occur:
(1) eligible work is complete;
(2) the applicant receives the final amount due or pays any amount owed under section 12B.50; and
(3) any extant or scheduled audits are complete.
Subd. 4.
Audit.
(a) An applicant must account for all funds received under this chapter in conformance with generally accepted accounting principles and practices. The applicant must maintain detailed records of expenditures to show that grants received under this chapter were used for the purpose for which the payment was made. The applicant must maintain records for five years and make the records available for inspection and audit by the director or the state auditor. The applicant must keep all financial records for five years after the final payment, including but not limited to all invoices and canceled checks or bank statements that support all eligible costs claimed by the applicant.
(b) The director or state auditor may audit all applicant records pertaining to an application or payment under this chapter.
Subd. 5.
Reporting payments.
The director must post on the division website a list of the recipients and amounts of the payments made under this chapter.
History:
2014 c 312 art 8 s 7
2023 Minnesota Statutes › Chapters 10 - 12B — Government Miscellany › Chapter 12B — Public Disaster Assistance › Section 12B.50 — Funding From Other Sources; Repayment Required.

12B.50 FUNDING FROM OTHER SOURCES; REPAYMENT REQUIRED.
If an applicant subsequently recovers eligible costs from another source after receiving payment under this chapter, the applicant must pay the commissioner an amount equal to the corresponding state funds received within 30 days. The commissioner must deposit any repayment in the disaster response contingency account in section 12.221, subdivision 6.
History:
2014 c 312 art 8 s 8
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13 — Government Data Practices › Section 13.01 — Government Data.

13.01 GOVERNMENT DATA.
Subdivision 1.
Applicability.
All government entities shall be governed by this chapter.
Subd. 2.
Citation.
This chapter may be cited as the "Minnesota Government Data Practices Act."
Subd. 3.
Scope.
This chapter regulates the collection, creation, storage, maintenance, dissemination, and access to government data in government entities. It establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public.
Subd. 4.
Headnotes.
The headnotes printed in boldface type before paragraphs in this chapter are mere catchwords to indicate the content of a paragraph and are not part of the statute.
Subd. 5.
Provisions coded in other chapters.
(a) The sections referenced in this chapter that are codified outside this chapter classify government data as other than public, place restrictions on access to government data, or involve data sharing.
(b) Those sections are governed by the definitions and general provisions in sections 13.01 to 13.07 and the remedies and penalties provided in sections 13.08 and 13.09, except:
(1) for records of the judiciary, as provided in section 13.90; or
(2) as specifically provided otherwise by law.
History:
1979 c 328 s 1; 1981 c 311 s 1,39; 1Sp1981 c 4 art 1 s 4,5; 1982 c 545 s 24; 1991 c 319 s 1; 1999 c 227 s 22; 2000 c 468 s 1,2; 2005 c 163 s 3,4
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13 — Government Data Practices › Section 13.025 — Government Entity Obligation.

13.025 GOVERNMENT ENTITY OBLIGATION.
Subdivision 1.
Data inventory.
The responsible authority shall prepare an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity. Forms used to collect private and confidential data may be included in the inventory. The responsible authority shall update the inventory annually and make any changes necessary to maintain the accuracy of the inventory. The inventory must be available from the responsible authority to the public according to the provisions of sections 13.03 and 15.17. The commissioner may require responsible authorities to submit copies of the inventory and may request additional information relevant to data collection practices, policies, and procedures.
Subd. 2.
Public data access policy.
The responsible authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data.
Subd. 3.
Data subject rights and access policy.
The responsible authority shall prepare a written policy of the rights of data subjects under section 13.04 and the specific procedures used by the government entity for access by the data subject to public or private data on individuals. The written policy must be updated no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data.
Subd. 4.
Availability.
The responsible authority shall make copies of the policies required under subdivisions 2 and 3 easily available to the public by distributing free copies to the public or by posting the policies in a conspicuous place within the government entity that is easily accessible to the public or by posting it on the government entity's website.
History:
2012 c 290 s 10
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13 — Government Data Practices › Section 13.07 — Duties Of Commissioner; Rules.

13.07 DUTIES OF COMMISSIONER; RULES.
The commissioner shall promulgate rules, in accordance with the rulemaking procedures in the Administrative Procedure Act which shall apply to government entities to implement the enforcement and administration of this chapter. The rules shall not affect section 13.04, relating to rights of subjects of data. Prior to the adoption of rules authorized by this section the commissioner shall give notice to all state agencies and political subdivisions in the same manner and in addition to other parties as required by section 14.06 of the date and place of hearing, enclosing a copy of the rules to be adopted.
History:
1975 c 271 s 6; 1975 c 401 s 7; 1981 c 311 s 39; 1Sp1981 c 4 art 1 s 11; 1982 c 424 s 130; 1982 c 545 s 24; 1985 c 248 s 70; 2004 c 228 art 1 s 2; 2005 c 163 s 26
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13 — Government Data Practices › Section 13.09 — Penalties.

13.09 PENALTIES.
(a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor.
(b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.
History:
1974 c 479 s 6; 1975 c 401 s 6; 1976 c 239 s 6; 1981 c 311 s 39; 1982 c 545 s 24; 1985 c 298 s 7; 2014 c 284 s 3