Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3427

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 12:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2010
1st Engrossment Posted on 03/17/2010

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9
1.10 1.11 1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17 2.18 2.19 2.20
2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6
3.7 3.8 3.9 3.10 3.11
3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26
7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3
8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23
10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28
11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10
12.11 12.12 12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26
13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4
14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28
14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15
15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28
16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28
17.29 17.30 17.31 17.32 17.33
17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11
18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21
18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9
19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21

A bill for an act
relating to public safety; enacting Minnesota Homeland Security and Emergency
Management Act of 2010; making administrative, programmatic, technical,
and clarifying changes; amending Minnesota Statutes 2008, sections 12.01;
12.02; 12.03, subdivisions 1a, 2a, 4, 10, by adding a subdivision; 12.04; 12.09;
12.13; 12.14; 12.21; 12.22, subdivision 1; 12.221; 12.24, subdivision 2; 12.25,
subdivision 5; 12.27; 12.28; 12.29; 12.301; 12.31; 12.331; 12.34, subdivision
3; 12.35, subdivision 4; 12.38; 12.43.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 12.01, is amended to read:


12.01 CITATION.

This chapter may be cited as the "Minnesota new text begin Homeland Security and new text end Emergency
Management Act of deleted text begin 1996deleted text end new text begin 2010new text end ."

Sec. 2.

Minnesota Statutes 2008, section 12.02, is amended to read:


12.02 POLICY DECLARATION.

Subdivision 1.

Findings.

Because of the existing and increasing possibility
of the occurrence of new text begin emergencies and new text end natural and other disasters of major size and
destructiveness and in order to (1) ensure that preparations of this state will be adequate to
deal with new text begin emergencies and new text end disasters, (2) generally protect the public peace, health, and
safety, and (3) preserve the lives and property of the people of the state, the legislature
finds and declares it necessary:

(1) to create a state Division of new text begin Homeland Security and new text end Emergency Management,
and to require the creation of local organizations for emergency management in the
political subdivisions of the state;

(2) to confer upon the governor and upon governing bodies of the political
subdivisions of the state the emergency and disaster powers provided in this chapter;

(3) to provide for the rendering of mutual aid among the political subdivisions of
the state, with other states, new text begin with federally recognized Indian tribes,new text end and with Canadian
provinces and to cooperate with the federal government with respect to carrying out deleted text begin ofdeleted text end
new text begin homeland security and new text end emergency management functions; and

(4) to ensure that financial assistance made available to the state of Minnesota and to
eligible applicants in the state, as a result of new text begin emergencies and new text end natural or other disasters, is
provided in accord with established rules and regulations.

Subd. 2.

Policy.

It is further declared to be the purpose of this chapter and the
policy of the state that all new text begin homeland security and new text end emergency management functions of
this state be coordinated to the maximum extent with the comparable functions of the
federal government, including its various departments and agencies, of other states and
localities, new text begin of federally recognized Indian tribes,new text end and of private agencies of every type, to
the end that the most effective preparations and use may be made of the nation's labor
supply, resources, and facilities for dealing with any new text begin emergency or new text end disaster that may occur.

Sec. 3.

Minnesota Statutes 2008, section 12.03, subdivision 1a, is amended to read:


Subd. 1a.

Activated.

"Activated" means engaged in new text begin homeland security and
new text end emergency management activities listed in this chapter and authorized by the state director
of the Division of new text begin Homeland Security and new text end Emergency Management.

Sec. 4.

Minnesota Statutes 2008, section 12.03, subdivision 2a, is amended to read:


Subd. 2a.

Division.

"Division" means the Division of new text begin Homeland Security and
new text end Emergency Management in the Department of Public Safety.

Sec. 5.

Minnesota Statutes 2008, section 12.03, subdivision 4, is amended to read:


Subd. 4.

Emergency management.

"Emergency management" means the
preparation for and the carrying out of emergency functions, other than functions for
which military forces are primarily responsible, to prevent, minimizenew text begin ,new text end and repair injury
and damage resulting fromnew text begin emergencies,new text end disasters, deleted text begin fromdeleted text end new text begin or public health events; new text end acute
deleted text begin shortages ofdeleted text end energydeleted text begin ,deleted text end new text begin shortages; hazardous materials accidents or incidents; new text end or deleted text begin from
incidents occurring at
deleted text end nuclear power deleted text begin plantsdeleted text end new text begin plant incidents new text end that pose radiological or
other health hazards. These functions include, without limitation, new text begin incident management;
new text end fire-fighting servicesdeleted text begin , policedeleted text end new text begin ; law enforcementnew text end servicesdeleted text begin ,deleted text end new text begin ; health andnew text end medical deleted text begin and healthdeleted text end
servicesdeleted text begin , rescue,deleted text end new text begin ; collapsed structure or other rescues;new text end engineeringdeleted text begin ,deleted text end new text begin ;new text end warning servicesdeleted text begin ,deleted text end new text begin ;new text end
communicationsdeleted text begin ,deleted text end new text begin ;new text end radiological, chemicalnew text begin ,new text end and other special weapons defensedeleted text begin ,deleted text end new text begin ;new text end evacuation
of persons from stricken areasdeleted text begin ,deleted text end new text begin ;new text end emergency human servicesdeleted text begin ,deleted text end new text begin ;new text end emergency transportationdeleted text begin ,deleted text end new text begin ;new text end
existing or properly assigned functions of plant protectiondeleted text begin ,deleted text end new text begin ;new text end temporary restoration of public
utility servicesdeleted text begin ,deleted text end new text begin ;new text end implementation of energy supply emergency conservation and allocation
measuresdeleted text begin ,deleted text end new text begin ;new text end and other functions related to deleted text begin civiliandeleted text end protectionnew text begin of the publicnew text end , together with all
other activities necessary or incidental to preparing for and carrying out these functions.

Sec. 6.

Minnesota Statutes 2008, section 12.03, is amended by adding a subdivision to
read:


new text begin Subd. 5d. new text end

new text begin Homeland security. new text end

new text begin "Homeland security" means a concerted national
effort to prevent terrorist attacks within the United States, reduce America's vulnerability
to terrorism, and minimize the damage and recover from attacks that do occur.
new text end

Sec. 7.

Minnesota Statutes 2008, section 12.03, subdivision 10, is amended to read:


Subd. 10.

Specialized equipment.

"Specialized equipment" means equipment and
supplies essential for new text begin homeland security or new text end emergency management in excess of equipment
and supplies provided for normal operation of the state or a political subdivision, to the
acquisition of which the state or federal government may contribute.

Sec. 8.

Minnesota Statutes 2008, section 12.04, is amended to read:


12.04 DIVISION OF new text begin HOMELAND SECURITY AND new text end EMERGENCY
MANAGEMENT.

Subdivision 1.

Division created.

A division in the Department of Public Safety to
be known as the Division of new text begin Homeland Security and new text end Emergency Management is hereby
created, under the supervision and control of a state director. The commissioner of public
safety may place the director's position in the unclassified service if the position meets
the criteria established in section 43A.08, subdivision 1a.

Sec. 9.

Minnesota Statutes 2008, section 12.09, is amended to read:


12.09 deleted text begin DUTIES OFdeleted text end DIVISION deleted text begin OF EMERGENCY MANAGEMENTdeleted text end new text begin DUTIESnew text end .

Subdivision 1.

Coordination.

The division shall coordinate state agency
preparedness for deleted text begin and emergencydeleted text end new text begin ,new text end response tonew text begin , recovery from, and mitigation ofnew text end all types
of natural and other emergencies and disasters, including new text begin homeland security incidents,
public health events, and
new text end discharges of oil and hazardous substances.new text begin Toward this end,
the division shall chair regular meetings of the Minnesota Emergency Preparedness and
Response Committee.
new text end

Subd. 2.

State emergency new text begin operations new text end plannew text begin and management programnew text end .

new text begin (a) new text end The
division shall develop and deleted text begin maintain adeleted text end new text begin annually review, update, and revise as necessary
an all-hazard,
new text end comprehensive state emergency operations plan and new text begin a homeland security
and
new text end emergency management program in accord with section 12.21, subdivision 3, clause
(2)deleted text begin , anddeleted text end new text begin .
new text end

new text begin (b) The division shallnew text end ensure that other state new text begin agency new text end emergency plans that may
be developed are coordinated and consistent with the comprehensive state emergency
operations plan.

Subd. 3.

State answering point system.

The division shall deleted text begin establish and maintaindeleted text end
new text begin ensure that new text end a single state answering point system new text begin is maintained (1) new text end for use by persons
responsible for reporting emergency incidents and conditions involving hazardous
substances or oil, nuclear power plant incidents or accidents, or other emergencies or
disasters to state agencies, and new text begin (2) new text end for requesting state or federal assistance during and
following an emergency or disaster.

Subd. 4.

deleted text begin Activation ofdeleted text end new text begin Activating new text end emergency operations centers.

The division
shall activate the state deleted text begin anddeleted text end new text begin or new text end regional emergency operations centersnew text begin , or both,new text end when an
emergency or disaster threatens or has occurred.

Subd. 5.

deleted text begin Assistance todeleted text end new text begin Assisting new text end political subdivisions.

The division shall provide
guidance, information, and training sufficient to allow local political subdivisions to
request state and federal disaster assistance.

Subd. 6.

deleted text begin Coordination ofdeleted text end new text begin Coordinating new text end local new text begin emergency plans and emergency
management
new text end programs.

The division shall coordinate the development and maintenance
of emergency operations plans and emergency management programs by the political
subdivisions of this state, with the plans and programs integrated into and coordinated
with the emergency operations plan and new text begin homeland security and new text end emergency management
program of this state to the fullest possible extent.new text begin The division shall develop, maintain,
and disseminate local government emergency operations planning requirements guidance,
and shall periodically review local plans to determine their conformance with those
requirements.
new text end

Subd. 7.

new text begin Coordinating new text end hazard mitigation deleted text begin plandeleted text end new text begin assistance and planningnew text end .

The
division shall deleted text begin develop and maintain a comprehensive hazard mitigation plan for this
state, with the plan integrated into and coordinated with the hazard mitigation plans
of the federal government to the fullest possible extent. The division shall coordinate
the preparation of hazard mitigation plans by the political subdivisions, with the plans
integrated into and coordinated with the hazard mitigation plan of this state to the fullest
possible extent.
deleted text end new text begin provide hazard mitigation training and technical assistance, and any
federal or state financial assistance as may be available. The division shall provide
ongoing coordination of the hazard mitigation planning efforts of this state, to include:
new text end

new text begin (1) maintaining a comprehensive state all-hazard mitigation plan that fully meets
federal requirements; and
new text end

new text begin (2) coordinating the preparation of hazard mitigation plans by the political
subdivisions, with the plans integrated into and coordinated with the hazard mitigation
plan of this state to the fullest extent.
new text end

Subd. 8.

deleted text begin Exercise coordinationdeleted text end new text begin Coordinating preparedness drills and exercisesnew text end .

The division shall coordinate the development and conduct of emergency preparedness
drills and exercises involving multiple Minnesota state agencies.

Subd. 9.

new text begin Coordinating new text end volunteer resources deleted text begin coordinationdeleted text end .

The division shall
provide ongoing coordination of a network of state, local, new text begin tribal,new text end and federal government
agencies and private organizations to ensure the smooth coordination of donations and
volunteerism during major new text begin emergencies and new text end disasters. Duties include:

deleted text begin (1) hotline management, including training, staffing, information distribution, and
coordination with emergency operations management;
deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end coordination between government and private relief agencies;

deleted text begin (3)deleted text end new text begin (2)new text end networking with volunteer organizations;

deleted text begin (4)deleted text end new text begin (3)new text end locating resources for anticipated disaster needs and making these resources
available to local governments in a database;

deleted text begin (5)deleted text end new text begin (4)new text end training in disaster preparation;

deleted text begin (6)deleted text end new text begin (5)new text end revising existing plans based on experience with disasters and testing the
plans with simulated disasters; deleted text begin and
deleted text end

new text begin (6) developing and maintaining a state donations management plan and coordinating
with local donations management programs; and
new text end

(7) maintaining public information about disaster donations and volunteerism.

Subd. 10.

Emergency management training.

(a) The division must maintain and
administer an emergency management training curriculum. The division must make
emergency management training courses in this curriculum available to state employees
whose essential job duties involve emergency management.

(b) Each state agency that is assigned a role as a disaster or emergency response
organization in the state emergency operations plan must have at least one employee who
has completed the entire emergency management training curriculum maintained under
this section. If an agency is not in compliance with this paragraph deleted text begin as of August 1, 2008deleted text end ,
or if all employees who have completed the curriculum leave the agency, the agency
must immediately file a plan with the division identifying how and when the agency will
be in compliance.

(c) On deleted text begin September 1, 2008, anddeleted text end January 15 of each deleted text begin subsequentdeleted text end year, the commissioner
of public safety must report to legislative committees with jurisdiction over public safety
issues on compliance with this section. The report must list state agencies that are in
compliance with this section and must summarize compliance efforts for state agencies
not yet in compliance.

new text begin Subd. 11. new text end

new text begin Interstate emergency management assistance compact. new text end

new text begin The division
shall develop and maintain appropriate interstate mutual aid plans and procedures
necessary to implement the interstate emergency management assistance compact in
Minnesota. The division is responsible for the receipt of all requests from other states for
Minnesota mutual aid assistance under the compact, and for preparing and submitting
requests for that assistance to other states participating in the compact.
new text end

new text begin Subd. 12. new text end

new text begin Coordinating disaster recovery. new text end

new text begin Following a presidential declaration
of an emergency or major disaster, the division shall administer the Federal Emergency
Management Agency (FEMA) disaster assistance programs. The division shall facilitate
long-term disaster recovery and hazard mitigation by activating and chairing the
Minnesota Recovers Task Force, when appropriate, and administering the FEMA hazard
mitigation programs.
new text end

Sec. 10.

Minnesota Statutes 2008, section 12.13, is amended to read:


12.13 NUCLEAR POWER PLANT EMERGENCY RESPONSE PLANNINGnew text begin
AND PREPAREDNESS
new text end .

Subdivision 1.

Plan deleted text begin developmentdeleted text end new text begin review, update, and revisionnew text end .

The state directordeleted text begin ,
in cooperation with the commissioner of health and affected political subdivisions,
shall develop the state and local portions of the emergency operations plans specified
in the licensing of each nuclear power plant located in Minnesota
deleted text end new text begin shall ensure that the
nuclear power plant-related portions of the state emergency operations plan required in
section 12.09, subdivision 2, and the applicable local emergency operations plans, are
updated and revised as necessary annually in accord with state and federal regulations
and requirements
new text end .

Subd. 2.

new text begin Assessing new text end need deleted text begin assessment; program developmentdeleted text end new text begin for protective
action
new text end .

In addition to requirements imposed by federal law, the state director shall assess
the need for protective actions deleted text begin requireddeleted text end to mitigate the deleted text begin effectdeleted text end new text begin effects new text end of an new text begin accident or
new text end incident at a nuclear power plant, and deleted text begin carry out nuclear power plant emergency operations
planning including, but not limited to:
deleted text end new text begin shall decide when those actions are necessary to
protect the public.
new text end

deleted text begin (1) purchasing equipment for the state and political subdivisions, including public
warning systems, protective devices, and communication systems, and preparing public
information materials and educational programs;
deleted text end

deleted text begin (2) coordinating the development of a detailed state and local nuclear emergency
operations planning information system for areas surrounding each nuclear plant;
deleted text end

deleted text begin (3) training state and local emergency response personnel;
deleted text end

deleted text begin (4) developing accident scenarios and exercises for nuclear emergency operations
plans; and
deleted text end

deleted text begin (5) providing other specialized response equipment necessary.
deleted text end

new text begin Subd. 2a. new text end

new text begin Assessing need for preparedness activities. new text end

new text begin The state director shall
assess the need for appropriate preparedness actions, including, but not limited to:
new text end

new text begin (1) purchasing equipment for the state and political subdivisions, including public
warning systems, protective devices, and communication systems, and preparing public
information materials and educational programs;
new text end

new text begin (2) coordinating the development of a detailed state and local nuclear emergency
operations planning information system for areas surrounding each nuclear plant;
new text end

new text begin (3) training state and local emergency response personnel;
new text end

new text begin (4) directing the development of nuclear power plant accident-based exercise
scenarios and ensuring the necessary state and local government participation in those
exercises; and
new text end

new text begin (5) providing other specialized response equipment necessary.
new text end

Subd. 3.

Assistance.

The director shall provide necessary assistance to other state
agencies and political subdivisions to improve the state's nuclear power plant emergency
response deleted text begin capacitydeleted text end new text begin capabilitiesnew text end .

Sec. 11.

Minnesota Statutes 2008, section 12.14, is amended to read:


12.14 ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS deleted text begin ACTdeleted text end .

A person in the business of owning or operating a nuclear power plant or dry cask
storage facility located in Minnesotadeleted text begin ,deleted text end shall pay quarterly assessments to cover the cost
of new text begin a new text end nuclear power plant new text begin accident/incident new text end emergency deleted text begin response programsdeleted text end new text begin preparedness
program
new text end necessary to deleted text begin deal withdeleted text end new text begin respond adequately to accidents or new text end incidents deleted text begin resulting fromdeleted text end
new text begin occurring at new text end either facility. An assessment of up to one quarter of the projected annual cost
must be paid to the state director on July 1 of each year. An assessment must be billed
by the state director based on actual costs for each quarter of the fiscal year starting with
the first quarter ending September 30. The July 1 assessment must be deducted from the
final quarterly billing for the fiscal year. The assessment collected must be credited to the
nuclear safety preparedness account in the special revenue fund.

Sec. 12.

Minnesota Statutes 2008, section 12.21, is amended to read:


12.21 GOVERNOR.

Subdivision 1.

General authority.

The governor (1) has general direction and
control of new text begin homeland security and new text end emergency management, (2) may carry out the
provisions of this chapter, and (3) during a national security new text begin or a peacetime new text end emergency
declared as existing under section 12.31, during the existence of an energy supply
emergency as declared under section 216C.15, or during the existence of an emergency
resulting from an new text begin accident or new text end incident at a nuclear power plant that poses a radiological
or other health hazard, may assume direct operational control over all or any part of the
new text begin homeland security and new text end emergency management functions within this state.

Subd. 2.

Cooperation.

In performing duties under this chapter, the governor may
cooperate with the federal government, with other states, new text begin with federally recognized Indian
tribes,
new text end with Canadian provinces, and with private agencies, in all matters pertaining to the
new text begin homeland security and new text end emergency management of this state and of the nation.

Subd. 3.

Specific authority.

In performing duties under this chapter and to effect
its policy and purpose, the governor may:

(1) make, amend, and rescind the necessary orders and rules to carry out the
provisions of this chapter and section 216C.15 within the limits of the authority conferred
by this section, with due consideration of the plans of the federal government and without
complying with sections 14.001 to 14.69, but no order or rule has the effect of law except
as provided by section 12.32;

(2) ensure that a comprehensive emergency operations plan and new text begin a homeland security
and
new text end emergency management program for this state are deleted text begin developed anddeleted text end maintaineddeleted text begin ,deleted text end and are
integrated into and coordinated with the emergency plans of the federal government and
of other states to the fullest possible extent;

(3) in accordance with the new text begin state new text end emergency operations plan and the new text begin homeland
security and
new text end emergency management program of this state, procure supplies, equipment,
and facilities; institute training programs and public information programs; and take all
other preparatory steps, including the partial or full activation of emergency management
organizations in advance of actual deleted text begin disasterdeleted text end new text begin disasters new text end to ensure the furnishing of adequately
trained and equipped forces of new text begin homeland security and new text end emergency management personnel
in time of need;

(4) make studies and surveys of the industries, resources, and facilities in this
state as may be necessary to ascertain the capabilities of the state for new text begin homeland security
and
new text end emergency management and to plan for the most efficient emergency use of those
industries, resources, and facilities;

(5) on behalf of this state, enter into mutual aid arrangements or cooperative
agreements with other states, tribal authorities, and Canadian provinces, and coordinate
mutual aid plans between political subdivisions of this state;

(6) delegate administrative authority vested in the governor under this chapter,
except the power to make rules, and provide for the subdelegation of that authority;

(7) cooperate with the president and the deleted text begin heads of the armed forces, the Emergency
Management Agency of the United States
deleted text end new text begin Department of Homeland Securitynew text end and other
appropriate federal officers and agenciesdeleted text begin ,deleted text end and with the officers and agencies of other states
in matters pertaining to the new text begin homeland security and new text end emergency management of the state
and nation, including the direction or control of:

(i) emergency preparedness drills and exercises;

(ii) warnings and signals for drills or actual emergencies and the mechanical devices
to be used in connection with them;

(iii) shutting off water mains, gas mains, electric power connections and the
suspension of all other utility services;

(iv) the conduct of persons in the state, including entrance or exit from any stricken
or threatened public place, occupancy of facilities, and the movement and cessation
of movement of pedestrians, vehicular traffic, and all forms of private and public
transportation during, prior, and subsequent to drills or actual emergenciesnew text begin and disastersnew text end ;

(v) public meetings or gatherings; and

(vi) the evacuation, reception, and sheltering of persons;

deleted text begin (8) contribute to a political subdivision, within the limits of the appropriation for that
purpose, not more than 25 percent of the cost of acquiring organizational equipment that
meets standards established by the governor;
deleted text end

deleted text begin (9)deleted text end new text begin (8) new text end formulate and execute, with the approval of the Executive Council, plans
and rules for the control of traffic in order to provide for the rapid and safe movement
over public highways and streets deleted text begin of troops, vehicles of a military nature, and materials for
national defense and war or for use in any war industry, for the conservation of critical
materials, or
deleted text end for new text begin homeland security and new text end emergency management purposes; and coordinate
the activities of the departments or agencies of the state and its political subdivisions
concerned directly or indirectly with public highways and streets, in a manner that will
best effectuate those plans;

deleted text begin (10)deleted text end new text begin (9) new text end alter or adjust by executive order, without complying with sections 14.01 to
14.69, the working hours, workdays and deleted text begin work weekdeleted text end new text begin workweek new text end of, and annual and sick
leave provisions and payroll laws regardingnew text begin ,new text end all state employees in the executive branch
as the governor deems necessary to minimize the impact of the disaster or emergency,
conforming the alterations or adjustments to existing state laws, rules, and collective
bargaining agreements to the extent practicable;

deleted text begin (11)deleted text end new text begin (10) new text end authorize the commissioner of education to alter school schedules, curtail
school activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11,
13, and 17
, and including charter schools under section 124D.10, and elementary schools
enrolling prekindergarten pupils in district programs; and

deleted text begin (12)deleted text end new text begin (11) new text end transfer the direction, personnel, or functions of state agencies to perform
or facilitate response and recovery programs.

Subd. 4.

Plan review, availability.

new text begin (a) new text end The governor, or state director as designee,
shall ensure the conduct of an annual review by state and local officials of the state
emergency operations plan specified in the licensing of each nuclear power plantnew text begin and
provided for in section 12.09, subdivision 2
new text end . The review must include, but is not limited
to such factors as changes in traffic patterns, population densities, and new construction.
deleted text begin Opportunity for full public participation in the annual review shall be provided.
deleted text end

new text begin (b)new text end Copies of deleted text begin adeleted text end new text begin those portions of the new text end state emergency operations plan new text begin that do
not come under the provisions of section 13.37, subdivision 1, paragraph (a),
new text end must be
deleted text begin published, publicized, and distributed to the news media of the affected community and to
the appropriate officials of affected communities and
deleted text end made available to new text begin public officials
and
new text end the general public upon request, at no more than the cost of reproduction.

Sec. 13.

Minnesota Statutes 2008, section 12.22, subdivision 1, is amended to read:


Subdivision 1.

Federal aid.

Whenever the federal government, or an agency or
officer of the federal government, offers to the state, or through the state to any political
subdivision of the state, services, equipment, supplies, materials, or funds by way of gift,
grant or loan, for the purposes of new text begin homeland security and new text end emergency management, the
state, acting through the governor, or the political subdivision, acting with the consent of
the governor and through its governing body, may accept the offer and then may authorize
an officer of the state or of the political subdivision, as the case may be, to receive the
services, equipment, supplies, materials, or funds on behalf of the state or the political
subdivision and subject to the terms of the offer and the rules, if any, of the agency making
the offer. However, no money or other funds may be accepted or received as a loan nor
any indebtedness incurred except as provided by law.

Sec. 14.

Minnesota Statutes 2008, section 12.221, is amended to read:


12.221 deleted text begin MINNESOTA NATURALdeleted text end new text begin EMERGENCY AND new text end DISASTER
ASSISTANCEnew text begin AGREEMENTSnew text end .

Subdivision 1.

new text begin Emergency and new text end disaster assistance deleted text begin agreementdeleted text end new text begin agreementsnew text end .

new text begin Subsequent to Minnesota's inclusion in a presidential declaration of an emergency, or a
major disaster,
new text end the Division of new text begin Homeland Security and new text end Emergency Management may enter
into an agreement with the Federal Emergency Management Agency deleted text begin (FEMA) for the
maintenance of the Minnesota natural disaster assistance program and
deleted text end for administration
of federal disaster new text begin and hazard mitigation new text end assistance programs as provided for deleted text begin under
provisions of
deleted text end new text begin in new text end federal law deleted text begin anddeleted text end new text begin or new text end regulation.

deleted text begin Subd. 2. deleted text end

deleted text begin Federal assistance for program. deleted text end

deleted text begin Under the agreement, the Federal
Emergency Management Agency will provide $50,000 in federal funds annually toward
the cost incurred by implementation of the natural disaster assistance program. The
Division of Emergency Management shall provide two planners and the necessary
equipment and facilities for project operations.
deleted text end

Subd. 3.

Governor's authorized representative.

The state director may serve as
the governor's authorized representative. As such, the state director may apply for and
enter into an agreement with any federal agency to accept and administer federal financial
assistance made available to the state as a result of a new text begin presidential declaration of an
emergency, or a major
new text end disaster deleted text begin declarationdeleted text end . Federal money received is appropriated to the
state director, who shall report its expenditure to the chairs of the house of representatives
Ways and Means Committee and the appropriate senate finance committee.

Subd. 4.

Subgrant agreements.

The state director, serving as the governor's
authorized representative, may enter into subgrant agreements with eligible applicants to
provide federal and state financial assistance made available as a result of a new text begin presidential
declaration of an emergency, or a major
new text end disaster deleted text begin declarationdeleted text end .new text begin However, the state and
federal disaster assistance must be made available in a manner consistent with section
12A.15, subdivision 3.
new text end

Sec. 15.

Minnesota Statutes 2008, section 12.24, subdivision 2, is amended to read:


Subd. 2.

Personnel training, expenses.

new text begin (a) new text end When the state director considers it
necessary to send (1) an employee of the Division of new text begin Homeland Security and new text end Emergency
Management or any other individual, whether or not that individual is a state employee,
to a school, training deleted text begin or indoctrination programdeleted text end new text begin event, meetingnew text end , or place for training
new text begin in new text end or deleted text begin indoctrination indeleted text end new text begin information about a new text end matter deleted text begin legitimately connected withdeleted text end new text begin related to
homeland security and
new text end emergency management, or (2) any individual, whether or not
a state employee, to any place in this or another state for any purpose connected with
new text begin homeland security and new text end emergency management, the state director may authorize the
payment of travel expenses and reasonable subsistence for the period that the employee or
other individual is required to remain at the place. These payments must be made from
money appropriated to the department. Upon certification by the state director of the
purpose and amount of the payment, the commissioner of management and budget shall
pay the amount so certified. The stipulations in this section are subject to section 43A.18.

new text begin (b) new text end The state director may devise and formulate a procedure for the processing
and certification of travel and subsistence expenses that allows the employee or other
individual to submit monthly statements of expenses incurred during the preceding month.

Sec. 16.

Minnesota Statutes 2008, section 12.25, subdivision 5, is amended to read:


Subd. 5.

deleted text begin Common organizationdeleted text end new text begin Interjurisdictional new text end agreements.

With approval
of the state director, two or more political subdivisions may enter into agreements
determining the boundaries of the geographic areas of their respective emergency
management responsibilities or providing for deleted text begin a commondeleted text end new text begin an interjurisdictionalnew text end emergency
management organization, which for the purposes of this chapter must be a local
emergency management organization.

Sec. 17.

Minnesota Statutes 2008, section 12.27, is amended to read:


12.27 MUTUAL AID, ARRANGEMENTS.

Subdivision 1.

Authority; organizations in Minnesota.

The director of each
local organization for emergency management may, in collaboration with other public
and private agencies within this state, develop or cause to be developed mutual aid
arrangements for reciprocal emergency management aid and assistance in an emergency or
disaster too great to be dealt with unassisted. These arrangements must be consistent with
the local emergency operations plan and, in time of emergency, each local organization for
emergency management and its members shall render assistance in accordance with the
provisions of the mutual aid arrangements.

Subd. 2.

Authority; organizations in other states.

The state director or the
director of each local organization for emergency management may, subject to the
approval of the governor, enter into mutual aid arrangements with new text begin homeland security and
new text end emergency management agencies or organizations in other states for reciprocal emergency
management aid and assistance in case of disaster too great to be dealt with unassisted.new text begin
These arrangements must not conflict with sections 192.89 and 192.91.
new text end

Subd. 2a.

Authority; organizations in Canadian provinces.

Subject to the
approval of the governor, the state director may enter into mutual aid agreements with
new text begin homeland security and new text end emergency management agencies or organizations in Canadian
provinces for reciprocal new text begin homeland security and new text end emergency management aid and assistance
in case of disaster too great to be dealt with unassisted.

Subd. 3.

Local delegation of authority.

(a) deleted text begin No later than 90 days after August 1,
1996,
deleted text end The governing body of a political subdivision shall designate a city administrator
or manager, public safety director, police chief, fire chief, public works director, or other
officer who, exercising discretion and considering the needs of the political subdivision
and its inhabitants, may dispatch equipment and personnel as considered necessary if a
danger of fire, hazard, casualty, or another similar occurrence exists outside the political
subdivision and by its suddenness it would be impractical for the governing body itself to
authorize the dispatch of equipment and personnel to combat that emergency or disaster.

(b) Action under this subdivision is an act of the political subdivision. All provisions
for compensation of personnel, rental of equipment, liability insurance coverage, workers'
compensation insurance, and other matters pertaining to the political subdivision, its
equipment, and personnel, apply in each case as if specifically authorized and directed.

(c) The officer shall end the use of equipment and personnel when the need no
longer exists or earlier at the officer's discretion if it appears to be in the best interest of
the political subdivision.

Subd. 4.

Providing assistance to another state.

At the request of another state, the
governor, exercising discretion and considering the needs of this state and its inhabitants,
may dispatch state equipment and personnel as deemed necessary if there is an emergency
or disaster outside of this state.new text begin This assistance must be consistent with section 192.89.
new text end

The governor shall end the use of equipment and personnel when the need no longer
exists or earlier at the governor's discretion if it appears to be in the best interest of the state.

Sec. 18.

Minnesota Statutes 2008, section 12.28, is amended to read:


12.28 GOVERNOR'S ORDERS, RULES; ENFORCEMENT.

new text begin Subdivision 1. new text end

new text begin Execution by local emergency management agencies. new text end

Every
organization for emergency management established pursuant to this chapter and its
officers shall execute and enforce orders and rules as may be made by the governor under
authority of this chapter or section 216C.15. Each organization must have available for
inspection at its office all orders and rules made by the governor, or under the governor's
authority.

new text begin Subd. 2. new text end

new text begin Cooperation by citizens. new text end

new text begin A person who willfully ignores a governor's
order to evacuate an emergency or disaster area is civilly liable for the cost of any
governmental agency rescue effort that may be undertaken on the endangered person's
behalf.
new text end

Sec. 19.

Minnesota Statutes 2008, section 12.29, is amended to read:


12.29 DECLARATION OF LOCAL EMERGENCY.

Subdivision 1.

Authority to declare new text begin local new text end emergency.

A local emergency may
be declared only by the mayor of a municipality or the chair of a county board of
commissioners or their legal successors. It may not be continued for a period in excess of
three days except by or with the consent of the governing body of the political subdivision.
Any order or proclamation declaring, continuing, or terminating a local emergency
must be given prompt and general publicity and filed promptly by the chief of the local
record-keeping agency of the political subdivision.

Subd. 2.

Effect of declaration of new text begin local new text end emergency.

A declaration of a local
emergency deleted text begin invokesdeleted text end new text begin must have the following effects:
new text end

new text begin (a) The new text end necessary portions of the response and recovery deleted text begin aspectsdeleted text end new text begin sections new text end of
applicable local or interjurisdictional deleted text begin disasterdeleted text end new text begin emergency operations new text end plansnew text begin are invokednew text end ,
and deleted text begin may authorizedeleted text end aid and assistance under those plansnew text begin may be authorizednew text end .

new text begin (b) A mayor or county sheriff may order the evacuation of all or part of the
population from an emergency or disaster area if the mayor or county sheriff believes the
action necessary for the preservation of life. A person who willfully ignores an order to
evacuate is civilly liable for the cost of any governmental agency rescue effort that may be
undertaken on the endangered person's behalf.
new text end

Subd. 3.

Interjurisdictional deleted text begin agenciesdeleted text end new text begin organizationsnew text end .

No interjurisdictional deleted text begin agencydeleted text end
new text begin organization new text end or official may declare a local emergency unless expressly authorized by the
agreement under which the deleted text begin agencydeleted text end new text begin organization new text end functions. However, an interjurisdictional
deleted text begin disaster agencydeleted text end new text begin emergency management organization new text end shall provide aid and services in
accordance with the agreement under which it functions.

Sec. 20.

Minnesota Statutes 2008, section 12.301, is amended to read:


12.301 COMMUNITY DISASTER LOANS; GOVERNOR'S AUTHORITY.

Whenever, at the request of the governor, the president has declared deleted text begin adeleted text end new text begin an emergency
or
new text end major disaster to exist in this state, the governor is authorized to take the following
actions:

(a) Upon the governor's determination that a political subdivision of the state
will suffer a substantial loss of tax and other revenues from a major disaster and has
demonstrated a need for financial assistance to perform its governmental functions, the
governor may apply to the federal government, on behalf of the political subdivision,
for a loan, and receive and disburse the proceeds of the approved loan to the applicant
political subdivision.

(b) The governor may determine the amount needed by an applicant political
subdivision to restore or resume its governmental functions, and certify that amount to the
federal government. No application amount may exceed 25 percent of the annual operating
budget of the applicant for the fiscal year in which the new text begin emergency or new text end major disaster occurs.

(c) The governor may recommend to the federal government, based upon the
governor's review, the cancellation of all or any part of repayment when, in the first three
full fiscal year period following the new text begin emergency or new text end major disaster, the revenues of the
political subdivision are insufficient to meet its operating expenses, including additional
disaster-related expenses of a municipal operation character.

Sec. 21.

Minnesota Statutes 2008, section 12.31, is amended to read:


12.31 NATIONAL SECURITY OR PEACETIME EMERGENCY;
DECLARATION.

Subdivision 1.

Declaration of national security emergency.

When information
new text begin received new text end from the President of the United States, the deleted text begin Federal Emergency Management
Agency
deleted text end new text begin Department of Homeland Securitynew text end , the Department of Defense, or the National
Warning System indicates the imminence of a national security emergency within
the United States, which means the several states, the District of Columbia, and the
Commonwealth of Puerto Rico, or the occurrence within the state of Minnesota of a major
disaster from enemy sabotage or other hostile action, the governor may, by proclamation,
declare that a national security emergency exists in all or any part of the state. If the
legislature is then in regular session or, if it is not, if the governor concurrently with the
proclamation declaring the emergency issues a call convening immediately both houses of
the legislature, the governor may exercise for a period not to exceed 30 days the powers
and duties conferred and imposed by sections 12.31 to 12.37 and 12.381. The lapse of
these emergency powers does not, as regards any act occurring or committed within the
30-day period, deprive any person, political subdivision, municipal corporation, or body
politic of any right to compensation or reimbursement that it may have under this chapter.

Subd. 2.

Declaration of peacetime emergency.

(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
an act of nature, a technological failure or malfunction, a deleted text begin terroristdeleted text end new text begin homeland security
new text end incident, an industrial accident, a hazardous materials accident, new text begin a public health emergency,
new text end or a civil disturbance endangers life and property and local government resources are
inadequate to handle the situation. If the peacetime emergency occurs on Indian lands,
the governor or state director of new text begin homeland security and new text end emergency management shall
consult with tribal authorities before the governor makes such a declaration. Nothing
in this section shall be construed to limit the governor's authority to act without such
consultation when the situation calls for prompt and timely action. When the governor
declares a peacetime emergency, the governor must immediately notify the majority and
minority leaders of the senate and the speaker and majority and minority leaders of the
house of representatives. A peacetime emergency must not be continued for more than
five days unless extended by resolution of the Executive Council up to 30 days. An order,
or proclamation declaring, continuing, or terminating an emergency must be given prompt
and general publicity and filed with the secretary of state.

(b) By majority vote of each house of the legislature, the legislature may terminate a
peacetime emergency extending beyond 30 days. If the governor determines a need to
extend the peacetime emergency declaration beyond 30 days and the legislature is not
sitting in session, the governor must issue a call immediately convening both houses of the
legislature. Nothing in this section limits the governor's authority over or command of the
National Guard as described in the Military Code, chapters 190 to 192A, and required by
the Minnesota Constitution, article V, section 3.

Subd. 3.

Effect of declaration of peacetime emergency.

A declaration of a
peacetime emergency in accordance with this section authorizes the governor to exercise
for a period not to exceed the time specified in this section the powers and duties conferred
and imposed by this chapter for a peacetime emergency and invokes the necessary portions
of the state emergency operations plan developed pursuant to section 12.21, subdivision
3
, relating to response and recovery aspects and may authorize aid and assistance under
the plan.

Sec. 22.

Minnesota Statutes 2008, section 12.331, is amended to read:


12.331 LOCAL ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.

Subdivision 1.

Authority between political subdivisions.

When the public interest
requires it because of an emergencynew text begin or disasternew text end , a political subdivision may request the
assistance of another political subdivision. deleted text begin Upondeleted text end new text begin On new text end receiving deleted text begin such adeleted text end new text begin the new text end request, a
political subdivision, called the "sending political subdivision," may go to the assistance
of the requesting political subdivision, called the "receiving political subdivision." The
receiving political subdivision may accept and use the personnel, equipment, and supplies
of the sending political subdivision as agreed upon by both political subdivisions.

Subd. 2.

Responsibility for use of personnel, equipment, supplies.

(a) Unless
there is a written agreement between the political subdivisions establishing the rules for
conducting these activities, deleted text begin the provisions ofdeleted text end paragraphs (b) to (e) deleted text begin shalldeleted text end apply while the
political subdivisions are engaged in the activities described in subdivision 1.

(b) For the purposes of worker's compensation insurance, the employees, officers,
and members of the sending political subdivision have the same powers, duties, rights,
privileges, and immunities as if they were performing similar services in the sending
political subdivision and are considered to be acting within the scope of and in the course
of their regular employmentdeleted text begin ,deleted text end as employees of the sending political subdivision.

(c) For the purposes of chapter 466, the employees and officers of the sending
political subdivision are deemed to be employees, as defined in section 466.01, subdivision
6
, of the receiving political subdivision.

(d) The sending political subdivision deleted text begin shall bedeleted text end new text begin is new text end responsible for any damages to
its equipment.

(e) The receiving political subdivision shall reimburse the sending political
subdivision for the supplies used and the compensation paid to the officers and members
of the forces furnished, during the time when the rendition of aid prevents them from
performing their duties in the sending political subdivision, and for the actual travel and
maintenance expenses of the officers and members while so engaged. A claim for loss,
damage, or expense in using equipment or supplies or for additional expenses incurred
in operating or maintaining them must not be allowed unless within 90 days after the
loss, damage, or expense is sustained or incurred, an itemized notice of it, verified by an
officer or employee of the municipality having knowledge of the facts, is filed with the
clerk of the receiving political subdivision.

deleted text begin Subd. 3. deleted text end

deleted text begin Retroactive effect. deleted text end

deleted text begin Notwithstanding other laws this section is effective
retroactive to March 29, 1998.
deleted text end

Sec. 23.

Minnesota Statutes 2008, section 12.34, subdivision 3, is amended to read:


Subd. 3.

Penalty.

An able-bodied person required to perform services for new text begin homeland
security or
new text end emergency management who refuses, neglects, or otherwise fails to perform
the services required under subdivision 1 is guilty of a misdemeanor and must be punished
by imprisonment in the county jail for not less than ten days or more than 90 days.

Sec. 24.

Minnesota Statutes 2008, section 12.35, subdivision 4, is amended to read:


Subd. 4.

Reimbursement of other state.

When new text begin homeland security or new text end emergency
management personnel of another state render aid in Minnesota pursuant to the orders of
the governor of its home state, and upon the request of the governor of Minnesota, this
state shall reimburse the other state for (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 management personnel, (2) all payments for death, disability,
or injury of those personnel incurred in the course of rendering that aid, and (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.new text begin These arrangements must
not conflict with section 192.89.
new text end

Sec. 25.

Minnesota Statutes 2008, section 12.38, is amended to read:


12.38 STATE AGENCIES; TEMPORARY WAIVER OF FEES.

Notwithstanding any law to the contrary, a state agencynew text begin ,new text end as defined in section 16B.01,
subdivision 2
, with the approval of the governor, may waive fees that would otherwise be
charged for agency services. The waiver of fees must be confined to geographic areas
within a presidentially declared new text begin emergency or major new text end disaster area, and to the minimum
periods of time necessary to deal with the emergency situation. The requirements of
section 14.05, subdivision 4, do not apply to a waiver made under this section. The agency
must promptly report the reasons for and the impact of any suspended fees to the chairs of
the legislative committees that oversee the policy and budgetary affairs of the agency.

Sec. 26.

Minnesota Statutes 2008, section 12.43, is amended to read:


12.43 SUBVERSIVES; HIRINGdeleted text begin , USING; OATHdeleted text end .

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. deleted text begin 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:
deleted text end

deleted text begin "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."
deleted text end

Sec. 27. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 12.03,
subdivision 5c as subdivision 5e, and subdivision 10 as subdivision 12.
new text end

new text begin (b) In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall:
new text end

new text begin (1) change the term "Division of Emergency Management" to "Division of
Homeland Security and Emergency Management";
new text end

new text begin (2) change the term "Director of Emergency Management" to "Director of Homeland
Security and Emergency Management";
new text end

new text begin (3) change the term "emergency management program" to "homeland security and
emergency management program"; and
new text end

new text begin (4) change the term "emergency management purposes" to "homeland security or
emergency management purposes."
new text end