HF 2199

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; providing workers' 
  1.3             compensation coverage for bomb disposal unit employees 
  1.4             when acting outside the state; providing limits on 
  1.5             liability for certain persons who provide personnel 
  1.6             and equipment for certain bomb disposals; amending 
  1.7             Minnesota Statutes 2000, sections 176.192; and 
  1.8             299C.063. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 176.192, is 
  1.11  amended to read: 
  1.12     176.192 [BOMB DISPOSAL UNIT EMPLOYEES.] 
  1.13     For purposes of this chapter, a member of a bomb disposal 
  1.14  unit approved by the commissioner of public safety and employed 
  1.15  by a municipality defined in section 466.01, is considered an 
  1.16  employee of the department of public safety solely for the 
  1.17  purposes of this chapter when disposing of or neutralizing bombs 
  1.18  or other similar hazardous explosives, as defined in section 
  1.19  299C.063, for another municipality or otherwise outside the 
  1.20  jurisdiction of the employer-municipality but within the state.  
  1.21  This provision is limited to operations within the state of 
  1.22  Minnesota, unless operations outside the state of Minnesota are 
  1.23  authorized by the commissioner of public safety as part of a 
  1.24  mutual assistance plan between states or between the state of 
  1.25  Minnesota and the federal government. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 299C.063, is 
  1.27  amended to read: 
  2.1      299C.063 [BOMB DISPOSAL EXPENSE REIMBURSEMENT.] 
  2.2      Subdivision 1.  [DEFINITIONS.] The terms used in this 
  2.3   section have the meanings given them in this subdivision: 
  2.4      (a) "Bomb disposal unit" means a commissioner-approved unit 
  2.5   consisting of persons who are trained and equipped to dispose of 
  2.6   or neutralize bombs or other similar hazardous explosives and 
  2.7   who are employed by a municipality. 
  2.8      (b) "Commissioner" means the commissioner of public safety. 
  2.9      (c) "Municipality" has the meaning given it in section 
  2.10  466.01. 
  2.11     (d) "Hazardous explosives" means explosives as defined in 
  2.12  section 299F.72, subdivision 2, explosive devices and incendiary 
  2.13  devices as defined in section 609.668, subdivision 1, and all 
  2.14  materials subject to regulation under United States Code, title 
  2.15  18, chapter chapters 40 and 113B. 
  2.16     Subd. 2.  [EXPENSE REIMBURSEMENT.] The commissioner may 
  2.17  reimburse bomb disposal units for reasonable expenses incurred 
  2.18  to dispose of or neutralize bombs or other similar hazardous 
  2.19  explosives for their employer-municipality or for another 
  2.20  municipality outside the jurisdiction of the 
  2.21  employer-municipality but within the state.  Reimbursement is 
  2.22  limited to the extent of appropriated funds. 
  2.23     Subd. 3.  [AGREEMENTS.] The commissioner may enter into 
  2.24  contracts or agreements for disposing of or neutralizing bombs 
  2.25  or other hazardous explosives with bomb disposal units to 
  2.26  implement and administer this section. 
  2.27     Subd. 4.  [LIABILITY.] During operations authorized by the 
  2.28  state under this section, a member of a bomb disposal unit 
  2.29  operating outside the jurisdiction of the employer-municipality 
  2.30  is considered an employee of the state as defined in section 
  2.31  3.736.  This provision is limited to operations within the state 
  2.32  of Minnesota, unless operations outside the state of Minnesota 
  2.33  are authorized by the commissioner of public safety as part of a 
  2.34  mutual assistance plan between states or between the state of 
  2.35  Minnesota and the federal government. 
  2.36     Subd. 5.  [WORKERS' COMPENSATION.] During operations 
  3.1   authorized by the state under this section, a member of a bomb 
  3.2   disposal unit operating outside the unit's geographic 
  3.3   jurisdiction is considered an employee of the department of 
  3.4   public safety for purposes of chapter 176. 
  3.5      Subd. 6.  [LIMITATIONS.] A person who provides personnel 
  3.6   and equipment to assist at the scene of a bomb disposal unit 
  3.7   response, outside the person's geographic jurisdiction or 
  3.8   property, at the request of the state or a local unit of 
  3.9   government, is not liable for any civil damages resulting from 
  3.10  acts or omissions in providing the assistance, unless the person 
  3.11  acts in a willful and wanton or reckless manner in providing the 
  3.12  assistance.