HF 522

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; providing for state 
  1.3             reimbursement for bomb squads in certain cases; 
  1.4             clarifying tort claim and workers' compensation 
  1.5             provisions for member of bomb squad or hazardous 
  1.6             materials response team; appropriating money; amending 
  1.7             Minnesota Statutes 1994, sections 3.732, subdivision 
  1.8             1; 176.192; and 299A.51, subdivision 2; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 299F.
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 3.732, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [DEFINITIONS.] As used in this section and 
  1.14  section 3.736 the terms defined in this section have the 
  1.15  meanings given them. 
  1.16     (1) "State" includes each of the departments, boards, 
  1.17  agencies, commissions, courts, and officers in the executive, 
  1.18  legislative, and judicial branches of the state of Minnesota and 
  1.19  includes but is not limited to the housing finance agency, the 
  1.20  higher education coordinating board, the higher education 
  1.21  facilities authority, the health technology advisory committee, 
  1.22  the armory building commission, the zoological board, the iron 
  1.23  range resources and rehabilitation board, the state agricultural 
  1.24  society, the University of Minnesota, state universities, 
  1.25  community colleges, state hospitals, and state penal 
  1.26  institutions.  It does not include a city, town, county, school 
  1.27  district, or other local governmental body corporate and politic.
  2.1      (2) "Employee of the state" means all present or former 
  2.2   officers, members, directors, or employees of the state, members 
  2.3   of the Minnesota national guard, members of a bomb disposal unit 
  2.4   approved by the commissioner of public safety and employed by a 
  2.5   municipality defined in section 466.01 when engaged in the 
  2.6   disposal or neutralization of bombs or other similar hazardous 
  2.7   explosives, as defined in section 299F.70, outside the 
  2.8   jurisdiction of the municipality but within the state, or 
  2.9   persons acting on behalf of the state in an official capacity, 
  2.10  temporarily or permanently, with or without compensation.  It 
  2.11  does not include either an independent contractor or members of 
  2.12  the Minnesota national guard while engaged in training or duty 
  2.13  under United States Code, title 10, or title 32, section 316, 
  2.14  502, 503, 504, or 505, as amended through December 31, 1983.  
  2.15  Notwithstanding sections 43A.02 and 611.263, for purposes of 
  2.16  this section and section 3.736 only, "employee of the state" 
  2.17  includes a district public defender or assistant district public 
  2.18  defender in the second or fourth judicial district and a member 
  2.19  of the health technology advisory committee. 
  2.20     (3) "Scope of office or employment" means that the employee 
  2.21  was acting on behalf of the state in the performance of duties 
  2.22  or tasks lawfully assigned by competent authority. 
  2.23     (4) "Judicial branch" has the meaning given in section 
  2.24  43A.02, subdivision 25. 
  2.25     Sec. 2.  Minnesota Statutes 1994, section 176.192, is 
  2.26  amended to read: 
  2.27     176.192 [BOMB DISPOSAL UNIT EMPLOYEES.] 
  2.28     For purposes of this chapter, a member of a bomb disposal 
  2.29  unit approved by the commissioner of public safety and employed 
  2.30  by a municipality defined in section 466.01, is considered a 
  2.31  state an employee of the department of public safety solely for 
  2.32  the purposes of this chapter when disposing of or neutralizing 
  2.33  bombs or other similar hazardous explosives, as defined in 
  2.34  section 299F.70, for another municipality or otherwise outside 
  2.35  the jurisdiction of the employer-municipality but within the 
  2.36  state. 
  3.1      Sec. 3.  Minnesota Statutes 1994, section 299A.51, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [WORKERS' COMPENSATION.] During operations 
  3.4   authorized under section 299A.50, members of a regional 
  3.5   hazardous materials response team operating outside their 
  3.6   geographic jurisdiction are considered state employees of the 
  3.7   department of public safety for purposes of chapter 176. 
  3.8      Sec. 4.  [299F.70] [BOMB DISPOSAL EXPENSE REIMBURSEMENT.] 
  3.9      Subdivision 1. [DEFINITIONS.] The terms used in this 
  3.10  section have the meanings given them in this subdivision: 
  3.11     (a) "Bomb disposal unit" means a commissioner-approved unit 
  3.12  consisting of persons who are trained and equipped to dispose of 
  3.13  or neutralize bombs or other similar hazardous explosives and 
  3.14  who are employed by a municipality. 
  3.15     (b) "Commissioner" means the commissioner of public safety. 
  3.16     (c) "Municipality" has the meaning given it in section 
  3.17  466.01. 
  3.18     (d) "Hazardous explosives" means explosives as defined in 
  3.19  section 299F.72, subdivision 2, explosive devices and incendiary 
  3.20  devices as defined in section 609.668, subdivision 1, and all 
  3.21  materials subject to regulation under United States Code, title 
  3.22  18, chapter 40. 
  3.23     Subd. 2.  [EXPENSE REIMBURSEMENT.] The commissioner may 
  3.24  reimburse bomb disposal units for reasonable expenses incurred 
  3.25  to dispose of or neutralize bombs or other similar hazardous 
  3.26  explosives for another municipality outside the jurisdiction of 
  3.27  the employer-municipality but within the state.  Reimbursement 
  3.28  is limited to the extent of appropriated funds. 
  3.29     Subd. 3.  [AGREEMENTS.] The commissioner may enter into 
  3.30  contracts or agreements with bomb disposal units to implement 
  3.31  and administer this section. 
  3.32     Sec. 5.  [APPROPRIATION.] 
  3.33     $....... is appropriated from the general fund to the 
  3.34  commissioner of public safety to provide the reimbursements 
  3.35  authorized by section 4.  This appropriation is available until 
  3.36  June 30, 1997.