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SF 2319

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to public safety; providing for response to 
  1.3             state emergencies; making technical and style changes; 
  1.4             amending Minnesota Statutes 1994, sections 12.01; 
  1.5             12.02; 12.03; 12.04; 12.11; 12.13; 12.14; 12.21, as 
  1.6             amended; 12.22; 12.221; 12.23; 12.24; 12.25; 12.26; 
  1.7             12.27; 12.28; 12.29; 12.301; 12.31; 12.32; 12.33; 
  1.8             12.34; 12.35; 12.36; 12.37; 12.42; 12.43; 12.44; 
  1.9             12.45; and 12.46; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 12; repealing Minnesota 
  1.11            Statutes 1994, sections 12.06; 12.07; and 12.08. 
  1.13     Section 1.  Minnesota Statutes 1994, section 12.01, is 
  1.14  amended to read: 
  1.15     12.01 [CITATION.] 
  1.16     This chapter shall be known and may be cited as the 
  1.17  "Minnesota civil defense emergency management act of 1951 
  1.18  1996."  
  1.19     Sec. 2.  Minnesota Statutes 1994, section 12.02, is amended 
  1.20  to read: 
  1.21     12.02 [POLICY DECLARATION.] 
  1.22     Subdivision 1.  [FINDINGS.] Because of the existing and 
  1.23  increasing possibility of the occurrence of natural and other 
  1.24  disasters of major size and destructiveness, and in order 
  1.25  to insure (1) ensure that preparations of this state will be 
  1.26  adequate to deal with such disasters, and (2) generally to 
  1.27  provide for the common defense and to protect the public peace, 
  1.28  health, and safety, and to (3) preserve the lives and property 
  2.1   of the people of the state, it is hereby found and declared to 
  2.2   be the legislature finds and declares it necessary: 
  2.3      (1) to create a state division of emergency management, and 
  2.4   to require the creation of local organizations for civil defense 
  2.5   emergency management in the political subdivisions of the state; 
  2.6      (2) to confer upon the governor and upon governing bodies 
  2.7   of the political subdivisions of the state the emergency and 
  2.8   disaster powers provided herein in this chapter; and 
  2.9      (3) to provide for the rendering of mutual aid among the 
  2.10  political subdivisions of the state and, with other states, and 
  2.11  with Canadian provinces and to cooperate with the federal 
  2.12  government with respect to the carrying out of civil defense 
  2.13  emergency management functions; and 
  2.14     (4) to ensure that financial assistance made available to 
  2.15  the state of Minnesota and to eligible applicants in the state, 
  2.16  as a result of natural or other disasters, is provided in accord 
  2.17  with established rules and regulations. 
  2.18     Subd. 2.  [POLICY.] It is further declared to be the 
  2.19  purpose of this chapter and the policy of the state that 
  2.20  all civil defense emergency management functions of this state 
  2.21  be coordinated to the maximum extent with the comparable 
  2.22  functions of the federal government, including its various 
  2.23  departments and agencies, of other states and localities, and of 
  2.24  private agencies of every type, to the end that the most 
  2.25  effective preparations and use may be made of the nation's labor 
  2.26  supply, resources, and facilities for dealing with any disaster 
  2.27  that may occur.  
  2.28     Sec. 3.  Minnesota Statutes 1994, section 12.03, is amended 
  2.29  to read: 
  2.30     12.03 [DEFINITIONS.] 
  2.31     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  2.32  each term defined in this section has the meaning ascribed to it.
  2.33     Subd. 1a.  [ACTIVATED.] "Activated" means engaged in 
  2.34  emergency management activities listed in this chapter and 
  2.35  authorized by the state director of the division of emergency 
  2.36  management. 
  3.1      Subd. 1b.  [CITY.] "City" means a statutory or home rule 
  3.2   charter city. 
  3.3      Subd. 2.  [DISASTER.] "Disaster" means a situation which 
  3.4   that creates an immediate and serious impairment actual or 
  3.5   imminent serious threat to the health and safety of any person 
  3.6   persons, or a situation which that has resulted or is likely to 
  3.7   result in catastrophic loss to property or the environment, and 
  3.8   for which traditional sources of relief and assistance within 
  3.9   the affected area are unable to repair or prevent the injury or 
  3.10  loss. 
  3.11     Subd. 2a.  [DIVISION.] "Division" means the division of 
  3.12  emergency management in the department of public safety. 
  3.13     Subd. 2b.  [DRY CASK STORAGE FACILITY.] "Dry cask storage 
  3.14  facility" means a high-level radioactive waste facility for 
  3.15  storage of spent nuclear fuel produced by a nuclear reactor at 
  3.16  Prairie Island nuclear generating plant. 
  3.17     Subd. 3.  [EMERGENCY.] "Emergency" means an unforeseen 
  3.18  combination of circumstances which that calls for immediate 
  3.19  action to prevent a disaster from developing or occurring. 
  3.21  "Emergency services or civil defense management" means the 
  3.22  preparation for and the carrying out of all emergency functions, 
  3.23  other than functions for which military forces are primarily 
  3.24  responsible, to prevent, minimize and repair injury and damage 
  3.25  resulting from disasters, or from acute shortages of energy, or 
  3.26  from incidents occurring at nuclear fission electrical 
  3.27  generating power plants which that pose radiological or other 
  3.28  health hazards.  These functions include, without limitation, 
  3.29  firefighting services, police services, medical and health 
  3.30  services, rescue, engineering, warning services, communications, 
  3.31  radiological, chemical and other special weapons defense, 
  3.32  evacuation of persons from stricken areas, emergency welfare 
  3.33  human services, emergency transportation, existing or properly 
  3.34  assigned functions of plant protection, temporary restoration of 
  3.35  public utility services, implementation of energy supply 
  3.36  emergency conservation and allocation measures, and other 
  4.1   functions related to civilian protection, together with all 
  4.2   other activities necessary or incidental to preparation 
  4.3   preparing for and carrying out of the foregoing these functions. 
  4.4      Subd. 4a.  [ENERGY SUPPLY EMERGENCY.] "Energy supply 
  4.5   emergency" means a state of emergency declared by the executive 
  4.6   council or the legislature pursuant to section 216C.15 and rules 
  4.7   adopted under that section. 
  4.8      Subd. 4b.  [EMERGENCY RESPONSE PERSONNEL.] "Emergency 
  4.9   response personnel" means an individual, organization, or team 
  4.10  authorized by the state to supplement state or local resources 
  4.11  for emergency response in a stricken area. 
  4.12     Subd. 5.  [FEDERAL GOVERNMENT.] "Federal government" means 
  4.13  the United States of America. 
  4.14     Subd. 5a.  [IMMINENCE IMMINENT.] "Imminence Imminent" means 
  4.15  clear and present danger to life and/or or property rights as a 
  4.16  result of an emergency or disaster. 
  4.17     Subd. 5b.  [HAZARD MITIGATION.] "Hazard mitigation" means 
  4.18  an action taken to reduce or eliminate the long-term risk to 
  4.19  human life and property from natural and other types of hazards. 
  4.21  MANAGEMENT.] "Local organization for emergency services 
  4.22  management" means an organization created in accordance with the 
  4.23  provisions of this chapter by the state or a political 
  4.24  subdivision to perform local emergency services management 
  4.25  functions. 
  4.26     Subd. 7.  [MOBILE SUPPORT UNIT.] "Mobile support unit" 
  4.27  means an organization for emergency services created in 
  4.28  accordance with the provisions of this chapter by the state or a 
  4.29  political subdivision to be dispatched by the governor to 
  4.30  supplement local organizations for emergency services in a 
  4.31  stricken area. 
  4.32     Subd. 7a.  [PERSON.] "Person" includes an individual, firm, 
  4.33  corporation, association, limited liability company, 
  4.34  partnership, limited liability partnership, and other business 
  4.35  organizations. 
  5.1   "Organizational Specialized equipment" means equipment and 
  5.2   supplies essential for emergency services management in excess 
  5.3   of equipment and supplies provided for normal operation of the 
  5.4   state or a political subdivision, to the acquisition of which 
  5.5   the state or federal government will may contribute. 
  5.6      Subd. 9.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  5.7   means a county, city, town, or a metropolitan airports 
  5.8   commission organized and existing under sections 473.601 to 
  5.9   473.679. 
  5.10     Sec. 4.  Minnesota Statutes 1994, section 12.04, is amended 
  5.11  to read: 
  5.13     Subdivision 1.  [DIVISION CREATED.] A division in the 
  5.14  department of public safety to be known as the division of 
  5.15  emergency management is hereby created, under the supervision 
  5.16  and control of a state director.  The commissioner of public 
  5.17  safety may place the director's position in the unclassified 
  5.18  service if the position meets the criteria established in 
  5.19  section 43A.08, subdivision 1a. 
  5.20     Subd. 2.  [POWERS TRANSFERRED TO COMMISSIONER.] All of the 
  5.21  functions, powers, and duties of the state director of the 
  5.22  division of emergency management as described in this chapter, 
  5.23  are hereby transferred to and imposed upon the commissioner of 
  5.24  public safety, who shall be assigned to the duties and 
  5.25  responsibilities described in this section.  
  5.26     Sec. 5.  [12.09] [DUTIES OF DIVISION OF EMERGENCY 
  5.27  MANAGEMENT.] 
  5.28     Subdivision 1.  [COORDINATION.] The division shall 
  5.29  coordinate state agency preparedness for and emergency response 
  5.30  to all types of natural and man-made emergencies and disasters, 
  5.31  including discharges of oil and hazardous substances. 
  5.32     Subd. 2.  [STATE EMERGENCY PLAN.] The division shall 
  5.33  develop and maintain a comprehensive state emergency operations 
  5.34  plan and emergency management program in accord with section 
  5.35  12.21, subdivision 3, clause (2), and ensure that other state 
  5.36  emergency plans that may be developed are coordinated and 
  6.1   consistent with the comprehensive state emergency operations 
  6.2   plan. 
  6.3      Subd. 3.  [STATE ANSWERING POINT SYSTEM.] The division 
  6.4   shall establish and maintain a single state answering point 
  6.5   system for use by persons responsible for reporting emergency 
  6.6   incidents and conditions involving hazardous substances or oil, 
  6.7   nuclear power plant incidents or accidents, or other emergencies 
  6.8   or disasters to state agencies, and for requesting state or 
  6.9   federal assistance during and following an emergency or disaster.
  6.11  division shall activate the state and regional emergency 
  6.12  operations centers when an emergency or disaster threatens or 
  6.13  has occurred. 
  6.15  division shall provide guidance, information, and training 
  6.16  sufficient to allow local political subdivisions to request 
  6.17  state and federal disaster assistance. 
  6.18     Subd. 6.  [COORDINATION OF LOCAL PROGRAMS.] The division 
  6.19  shall coordinate the development and maintenance of emergency 
  6.20  operations plans and emergency management programs by the 
  6.21  political subdivisions of this state, with the plans and 
  6.22  programs integrated into and coordinated with the emergency 
  6.23  operations plan and emergency management program of this state 
  6.24  to the fullest possible extent. 
  6.25     Subd. 7.  [HAZARD MITIGATION PLAN.] The division shall 
  6.26  develop and maintain a comprehensive hazard mitigation plan for 
  6.27  this state, with the plan integrated into and coordinated with 
  6.28  the hazard mitigation plans of the federal government to the 
  6.29  fullest possible extent.  The division shall coordinate the 
  6.30  preparation of hazard mitigation plans by the political 
  6.31  subdivisions, with the plans integrated into and coordinated 
  6.32  with the hazard mitigation plan of this state to the fullest 
  6.33  possible extent. 
  6.34     Subd. 8.  [EXERCISE COORDINATION.] The division shall 
  6.35  coordinate the development and conduct of emergency preparedness 
  6.36  drills and exercises involving multiple Minnesota state agencies.
  7.1      Sec. 6.  Minnesota Statutes 1994, section 12.11, is amended 
  7.2   to read: 
  7.3      12.11 [STATE DIRECTOR; PERSONNEL.] 
  7.5   SAFETY.] There is hereby created within the executive branch of 
  7.6   the state government A division of emergency management is 
  7.7   established within the department of public safety, which shall 
  7.8   be under the supervision and control of the governor and a state 
  7.9   director of emergency services, hereinafter called the "state 
  7.10  director management."  The state director shall be appointed by 
  7.11  the commissioner of public safety and shall appoint the state 
  7.12  director, who shall not hold any other state office.  
  7.13     Subd. 2.  [PERSONNEL.] As may be necessary to carry out the 
  7.14  purposes of this chapter, the state director may: 
  7.15     (1) employ such technical, clerical, stenographic and other 
  7.16  personnel; and 
  7.17     (2) with the approval of the governor may, make such 
  7.18  expenditures within the appropriation therefor, made for that 
  7.19  purpose or, with the approval of the executive council, from 
  7.20  other funds made available to the state director for purposes of 
  7.21  civil defense as may be necessary to carry out the purposes of 
  7.22  this chapter emergency management. 
  7.23     Such Division personnel, except the director of 
  7.24  emergency services shall management, must be in the classified 
  7.25  service of the state civil service.  Such personnel except the 
  7.26  director of civil defense holding offices or employment in the 
  7.27  unclassified service on December 31, 1956, and continuously 
  7.28  thereafter and until the effective date of this subdivision 
  7.29  shall be given a qualifying examination as herein provided.  The 
  7.30  director of civil service, subject to the rules of the civil 
  7.31  service board, shall on or before January 1, 1958, prepare and 
  7.32  give once to all such incumbents of positions in the civil 
  7.33  defense agency whose positions are in the classified service a 
  7.34  qualifying examination which shall be noncompetitive, practical 
  7.35  and involve only the duties of the position they occupied on 
  7.36  December 31, 1956, or the position they occupy on the effective 
  8.1   date of this subdivision, or the position they occupy on the 
  8.2   date said examination is given, whichever examination the 
  8.3   officer or employee may elect to take.  If such aforementioned 
  8.4   incumbents are found by such qualifying examination to have such 
  8.5   ability and capacity as to enable them to perform the duties of 
  8.6   the position for which they were examined in a reasonably 
  8.7   efficient manner, they shall be given a civil service status 
  8.8   subject to the provisions of section 43A.16.  Any of the 
  8.9   aforementioned incumbents required by this subdivision to take a 
  8.10  qualifying examination who fail to pass the examination, shall 
  8.11  be removed from the position at the expiration of 60 days 
  8.12  following receipt of notice of failure to pass the examination.  
  8.13  Any person who willfully fails or refuses to take the 
  8.14  examination when offered, without reasonable excuse, shall be 
  8.15  removed from the position immediately.  No person required by 
  8.16  this subdivision to take a qualifying examination shall be laid 
  8.17  off, suspended, discharged or reduced in pay or position except 
  8.18  in accordance with the provisions of law applicable to the 
  8.19  members of the classified civil service having a civil service 
  8.20  status, until the person has completed such qualifying 
  8.21  examination and is notified of the result thereof, or unless the 
  8.22  person refuses to take such qualifying examination.  In the 
  8.23  event of necessary reductions in employment in any class or 
  8.24  position, officers or employees who have not acquired a 
  8.25  permanent civil service status shall be laid off in accordance 
  8.26  with their seniority within the division of emergency management.
  8.28  state director and other personnel of the division of emergency 
  8.29  management shall must be provided with appropriate office space, 
  8.30  furniture, equipment, supplies, stationery and 
  8.31  printing facilities and resources in the same manner as provided 
  8.32  for personnel of other state agencies.  
  8.33     Sec. 7.  Minnesota Statutes 1994, section 12.13, is amended 
  8.34  to read: 
  8.36  PLANNING.] 
  9.1      Subdivision 1.  [PLAN DEVELOPMENT.] The state director, in 
  9.2   cooperation with the commissioner of health and affected local 
  9.3   units of government political subdivisions, shall develop the 
  9.4   state and local portions of the emergency response operations 
  9.5   plans specified in the licensing of each nuclear fission 
  9.6   electrical generating power plant located in Minnesota.  
  9.8   addition to any requirements imposed by federal law, the state 
  9.9   director shall assess the need for protective actions required 
  9.10  to mitigate the effect of an incident at a nuclear power plant, 
  9.11  and develop a carry out nuclear power plant emergency response 
  9.12  plan which shall include operations planning including, but is 
  9.13  not limited to:  
  9.14     (1) purchase of purchasing equipment for the state and 
  9.15  local units of government political subdivisions, including 
  9.16  public warning systems, protective devices, and communication 
  9.17  systems, including preparation of brochures, pamphlets and 
  9.18  preparing public information materials and educational programs; 
  9.19     (2) coordinating the development of a detailed state and 
  9.20  local nuclear emergency response plan operations planning 
  9.21  information system for areas surrounding each nuclear fission 
  9.22  electrical generating plant; 
  9.23     (3) training of state and local emergency response 
  9.24  personnel; 
  9.25     (4) development of developing accident scenarios and 
  9.26  exercises for nuclear emergency response operations plans; and 
  9.27     (5) provision of any providing other specialized response 
  9.28  equipment necessary to fulfill the plan.  
  9.29     Subd. 3.  [ASSISTANCE.] The director shall provide any 
  9.30  necessary assistance to other state agencies and local units of 
  9.31  government in order political subdivisions to improve the 
  9.32  state's nuclear power plant emergency response capacity.  
  9.33     Sec. 8.  Minnesota Statutes 1994, section 12.14, is amended 
  9.34  to read: 
  9.36     Any A person, firm, corporation, or association in the 
 10.1   business of owning or operating a nuclear fission electrical 
 10.2   generating power plant or dry cask storage facility located in 
 10.3   Minnesota, shall pay quarterly assessments to cover the cost of 
 10.4   nuclear power plant emergency response plans and other programs 
 10.5   necessary to deal with incidents resulting from the operation of 
 10.6   nuclear fission electrical generating plants either facility.  
 10.7   An assessment of up to one quarter of the projected annual cost 
 10.8   shall must be paid to the commissioner of public safety state 
 10.9   director on July 1 of each year.  An assessment shall must be 
 10.10  billed by the commissioner state director based on actual costs 
 10.11  for each quarter of the fiscal year starting with the first 
 10.12  quarter ending September 30.  The July 1 assessment shall must 
 10.13  be deducted from the final quarterly billing for the fiscal 
 10.14  year.  The assessment collected shall must be credited to the 
 10.15  nuclear safety preparedness account in the special revenue fund. 
 10.16     Sec. 9.  Minnesota Statutes 1994, section 12.21, as amended 
 10.17  by Laws 1995, First Special Session chapter 3, article 16, 
 10.18  section 13, is amended to read: 
 10.19     12.21 [GOVERNOR.] 
 10.20     Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
 10.21  general direction and control of emergency services and has the 
 10.22  power and duty to management, (2) may carry out the provisions 
 10.23  of this chapter, and, (3) during a civil defense national 
 10.24  security emergency declared as existing under section 12.31, or 
 10.25  during the existence of an energy supply emergency as declared 
 10.26  under section 216C.15, or during the existence of any an 
 10.27  emergency resulting from an incident at a nuclear fission 
 10.28  electrical generating power plant which that poses a 
 10.29  radiological or other health hazard, may assume direct 
 10.30  operational control over all or any part of the 
 10.31  emergency services management functions within this state.  
 10.32     Subd. 2.  [COOPERATION.] In performing duties under this 
 10.33  chapter, the governor is authorized to may cooperate with the 
 10.34  federal government, with other states, with Canadian provinces, 
 10.35  and with private agencies, in all matters pertaining to the 
 10.36  civil defense emergency management of this state and of the 
 11.1   nation. 
 11.2      Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
 11.3   this chapter and to effect its policy and purpose, the governor 
 11.4   is further authorized and empowered may: 
 11.5      (1) to make, amend, and rescind the necessary orders and 
 11.6   rules to carry out the provisions of this chapter and section 
 11.7   216C.15 within the limits of the authority conferred herein by 
 11.8   this section, with due consideration of the plans of the federal 
 11.9   government and without complying with sections 14.001 to 
 11.10  14.69, inclusive, but no order or rule shall have has the force 
 11.11  and effect of law except as provided by section 12.32; 
 11.12     (2) to prepare ensure that a comprehensive emergency 
 11.13  operations plan and emergency management program for the civil 
 11.14  defense of this state are developed and maintained, such plan 
 11.15  and program to be and are integrated into and coordinated with 
 11.16  the civil defense emergency plans of the federal government and 
 11.17  of other states to the fullest possible extent, and to 
 11.18  coordinate the preparation of plans and programs for civil 
 11.19  defense by the political subdivisions of this state, such plans 
 11.20  to be integrated into and coordinated with the civil defense 
 11.21  plan and program of this state to the fullest possible extent; 
 11.22     (3) in accordance with such plan and program for the civil 
 11.23  defense the emergency operations plan and the emergency 
 11.24  management program of this state, to procure supplies and 
 11.25  equipment, to institute training programs and public information 
 11.26  programs, and to take all other preparatory steps, including the 
 11.27  partial or full mobilization activation of civil defense 
 11.28  emergency management organizations in advance of actual 
 11.29  disaster, to insure ensure the furnishing of adequately trained 
 11.30  and equipped forces of civil defense emergency management 
 11.31  personnel in time of need; 
 11.32     (4) to make such studies and surveys of the industries, 
 11.33  resources, and facilities in this state as may be necessary to 
 11.34  ascertain the capabilities of the state for civil defense, 
 11.35  emergency management and to plan for the most efficient 
 11.36  emergency use thereof of those industries, resources, and 
 12.1   facilities; 
 12.2      (5) on behalf of this state, to enter into mutual aid 
 12.3   arrangements or cooperative agreements with other states and 
 12.4   with Canadian provinces, and to coordinate mutual aid plans 
 12.5   between political subdivisions of this state; 
 12.6      (6) to delegate any administrative authority vested in the 
 12.7   governor under this chapter, except the power to make rules, to 
 12.8   and provide for the subdelegation of any such that authority; 
 12.9      (7) to appoint, in cooperation with local authorities, 
 12.10  metropolitan area directors when practicable; 
 12.11     (8) to cooperate with the president and the heads of the 
 12.12  armed forces, the civil defense emergency management agency of 
 12.13  the United States and other appropriate federal officers and 
 12.14  agencies, and with the officers and agencies of other states in 
 12.15  matters pertaining to the civil defense emergency management of 
 12.16  the state and nation, including the direction or control of: 
 12.17     (a) blackouts and practice blackouts, air raid (i) 
 12.18  emergency preparedness drills, mobilization of civil defense 
 12.19  forces, and other tests and exercises; 
 12.20     (b) (ii) warnings and signals for drills or attacks actual 
 12.21  emergencies and the mechanical devices to be used in connection 
 12.22  therewith with them; 
 12.23     (c) the effective screening or extinguishing of all lights 
 12.24  and lighting devices and appliances; 
 12.25     (d) (iii) shutting off water mains, gas mains, electric 
 12.26  power connections and the suspension of all other utility 
 12.27  services; 
 12.28     (e) (iv) the conduct of civilians persons in the state and 
 12.29  the movement and cessation of movement of pedestrians and 
 12.30  vehicular traffic during, prior, and subsequent to drills 
 12.31  or attack actual emergencies; 
 12.32     (f) (v) public meetings or gatherings; and 
 12.33     (g) (vi) the evacuation, reception, and sheltering of the 
 12.34  civilian population persons; 
 12.35     (9) to (8) contribute to a political subdivision, within 
 12.36  the limits of the appropriation therefor for that purpose, not 
 13.1   more than 25 percent of the cost of acquiring organizational 
 13.2   equipment which that meets standards established by the 
 13.3   governor; 
 13.4      (10) to (9) formulate and execute, with the approval of the 
 13.5   executive council, plans and rules for the control of traffic in 
 13.6   order to provide for the rapid and safe movement over public 
 13.7   highways and streets of troops, vehicles of a military nature, 
 13.8   materials for national defense and war or for use in any war 
 13.9   industry, for the conservation of critical materials or for 
 13.10  civil defense emergency management purposes, and to coordinate 
 13.11  the activities of the departments or agencies of the state and 
 13.12  of the its political subdivisions thereof concerned directly or 
 13.13  indirectly with public highways and streets, in a manner which 
 13.14  that will best effectuate such those plans; 
 13.15     (11) to (10) alter or adjust by executive order, without 
 13.16  complying with sections 14.01 to 14.69, the working hours, work 
 13.17  days and work week of, and annual and sick leave provisions and 
 13.18  payroll laws regarding all state employees in the executive 
 13.19  branch as the governor deems necessary to minimize the impact of 
 13.20  the disaster or emergency, conforming any the alterations or 
 13.21  adjustments to existing state laws, rules, and collective 
 13.22  bargaining agreements to the extent practicable; 
 13.23     (12) to (11) authorize the commissioner of children, 
 13.24  families, and learning to alter school schedules, curtail school 
 13.25  activities, or order schools closed without affecting state aid 
 13.26  to schools.  
 13.27     Subd. 4.  [PLAN REVIEW, AVAILABILITY.] The governor, or 
 13.28  state director as designee, shall propose procedures for ensure 
 13.29  the conduct of an annual review by state and local officials of 
 13.30  the state emergency response operations plan specified in the 
 13.31  licensing of each nuclear fission electrical generating power 
 13.32  plant.  The review shall must include, but is not be limited to 
 13.33  such factors as changes in traffic patterns, population 
 13.34  densities, and new construction.  Opportunity for full public 
 13.35  participation in the annual review shall be provided.  Copies of 
 13.36  a state emergency response operations plan shall must be 
 14.1   published, publicized, and distributed to the news media of the 
 14.2   affected community and to the appropriate officials of affected 
 14.3   communities, and shall be made available to the general public 
 14.4   upon request, at no more than the cost of reproduction.  
 14.5      Sec. 10.  Minnesota Statutes 1994, section 12.22, is 
 14.6   amended to read: 
 14.7      12.22 [ASSISTANCE, ACCEPTANCE, RULES.] 
 14.8      Subdivision 1.  [FEDERAL AID.] Whenever the federal 
 14.9   government, or any an agency or officer thereof shall offer of 
 14.10  the federal government, offers to the state, or through the 
 14.11  state to any political subdivision thereof of the state, 
 14.12  services, equipment, supplies, materials, or funds by way of 
 14.13  gift, grant or loan, for the purposes of civil defense emergency 
 14.14  management, the state, acting through the governor, or such the 
 14.15  political subdivision, acting with the consent of the governor 
 14.16  and through its governing body, may accept such the offer and 
 14.17  upon such acceptance the governor of the state or governing body 
 14.18  of such political subdivision then may authorize any an officer 
 14.19  of the state or of the political subdivision, as the case may 
 14.20  be, to receive such the services, equipment, supplies, 
 14.21  materials, or funds on behalf of the state or such the political 
 14.22  subdivision, and subject to the terms of the offer and the 
 14.23  rules, if any, of the agency making the offer, but.  However, no 
 14.24  money or other funds shall may be accepted or received as a loan 
 14.25  nor shall any indebtedness be incurred except in the manner and 
 14.26  under the limitations otherwise as provided by law.  
 14.28  PERSONS.] Whenever any a person, firm or corporation shall offer 
 14.29  offers to the state or to any a political subdivision thereof 
 14.30  of the state, services, equipment, supplies, materials, real 
 14.31  property, or funds by the way of gift, grant, or loan, for 
 14.32  purposes of civil defense emergency management, the state, 
 14.33  acting through the governor, or such a political subdivision, 
 14.34  acting through its governing body, may accept such the offer and 
 14.35  upon such acceptance the governor of the state or the governing 
 14.36  body of such political subdivision then may authorize any an 
 15.1   officer of the state or of the political subdivision, as the 
 15.2   case may be, to receive such the services, equipment, supplies, 
 15.3   materials, real property, or funds on behalf of the state 
 15.4   or such political subdivision, and subject to the terms of the 
 15.5   offer, but.  However, no moneys money or other funds 
 15.6   shall may be accepted or received as a loan nor shall any 
 15.7   indebtedness be incurred except in the manner and under the 
 15.8   limitations otherwise as provided by law.  Real property so 
 15.9   accepted shall must be treated as, and subject to the same 
 15.10  immunities during time of civil defense national security 
 15.11  emergency as, real property owned by the state.  
 15.12     Subd. 2a.  [VOLUNTEER ASSISTANCE.] Individuals who 
 15.13  volunteer to assist a local political subdivision during an 
 15.14  emergency or disaster, who register with that subdivision, and 
 15.15  who are under the direction and control of that subdivision, are 
 15.16  considered an employee of that subdivision. 
 15.17     Subd. 3.  [GOVERNOR MAY ESTABLISH RULES.] (a) The governor 
 15.18  shall have authority to may establish rules in accordance with 
 15.19  the law for the proper and efficient operation and 
 15.20  administration of the civil defense emergency management program 
 15.21  including methods relating to the establishment and maintenance 
 15.22  of personnel standards on a merit basis for all employees of 
 15.23  local civil defense emergency management agencies, provided,.  
 15.24  However, that the governor shall exercise no authority with 
 15.25  respect to the selection, tenure of office, and compensation of 
 15.26  any individual employed in accordance with such those methods.  
 15.27     (b) The governor may, by rule, cooperate with the federal 
 15.28  government in any manner as may be necessary to qualify for 
 15.29  federal aid to carry out the provisions herein expressed.  The 
 15.30  governor may, by rule, also cooperate with other political units 
 15.31  or subdivisions in establishing and maintaining personnel 
 15.32  standards on a merit basis.  
 15.33     Sec. 11.  Minnesota Statutes 1994, section 12.221, is 
 15.34  amended to read: 
 15.36     Subdivision 1.  [DISASTER ASSISTANCE AGREEMENT.] The 
 16.1   division of emergency management is authorized to may enter into 
 16.2   an agreement with the federal disaster assistance administration 
 16.3   emergency management agency (FEMA) for the maintenance of the 
 16.4   Minnesota natural disaster assistance program and for 
 16.5   administration of federal disaster assistance programs as 
 16.6   provided for under provisions of federal law and 
 16.7   regulation.  The commissioner may apply for and accept federal 
 16.8   money for natural disaster assistance.  Federal money received 
 16.9   is appropriated to the commissioner, who shall report its 
 16.10  expenditure to the chairs of the house of representatives ways 
 16.11  and means committee and the senate finance committee. 
 16.12     Subd. 2.  [FEDERAL ASSISTANCE FOR PROGRAM.] Under the 
 16.13  agreement, the federal disaster assistance administration 
 16.14  emergency management agency will provide $50,000 in federal 
 16.15  funds annually toward the cost incurred by implementation of the 
 16.16  natural disaster assistance program.  The division of emergency 
 16.17  management shall provide two planners and the necessary 
 16.18  equipment and facilities for project operations. 
 16.19     Subd. 3.  [GOVERNOR'S AUTHORIZED REPRESENTATIVE.] The state 
 16.20  director may serve as the governor's authorized representative.  
 16.21  As such, the state director may apply for and enter into an 
 16.22  agreement with any federal agency to accept and administer 
 16.23  federal financial assistance made available to the state as a 
 16.24  result of a disaster declaration. 
 16.25     Subd. 4.  [SUBGRANT AGREEMENTS.] The state director, 
 16.26  serving as the governor's authorized representative, may enter 
 16.27  into subgrant agreements with eligible applicants to provide 
 16.28  federal and state financial assistance made available as a 
 16.29  result of a disaster declaration. 
 16.30     Subd. 5.  [REQUIREMENTS WAIVED.] Pursuant to any 
 16.31  federal-state agreement entered into by the state director, 
 16.32  serving as the governor's authorized representative, in the 
 16.33  acceptance of federal money made available as a result of a 
 16.34  disaster declaration, and upon the review and acceptance by the 
 16.35  attorney general's office of the language contained in the 
 16.36  subgrant agreement and any amendments to the agreement, the 
 17.1   requirements of section 16B.06, subdivision 2, clause (3), must 
 17.2   be waived. 
 17.3      Sec. 12.  Minnesota Statutes 1994, section 12.23, is 
 17.4   amended to read: 
 17.5      12.23 [FACILITIES, UTILIZATION.] 
 17.6      In carrying out the provisions of this chapter, the 
 17.7   governor and the governing bodies of the political subdivisions 
 17.8   of the state are directed to shall utilize the services, 
 17.9   equipment, supplies, and facilities of existing departments, 
 17.10  offices, and agencies of the state and of the political 
 17.11  subdivisions thereof of the state to the maximum extent 
 17.12  practicable, and.  The officers and personnel of all such the 
 17.13  departments, offices, and agencies are directed to shall 
 17.14  cooperate with and extend such services and facilities to the 
 17.15  governor and to the civil defense emergency management 
 17.16  organizations of the state upon request.  
 17.17     Sec. 13.  Minnesota Statutes 1994, section 12.24, is 
 17.18  amended to read: 
 17.20     Subdivision 1.  [AUTHORIZATION.] The governor or a duly 
 17.21  designated representative is authorized to state director may 
 17.22  create and establish such number of mobile support units 
 17.23  regional disaster offices as may be necessary to reinforce civil 
 17.24  defense organizations in stricken areas provide both 
 17.25  administrative assistance and operational support following a 
 17.26  disaster, and with due consideration of the plans of the federal 
 17.27  government and of other states.  The governor director shall 
 17.28  appoint a commander for each unit designate staff for each 
 17.29  regional disaster office who shall have primary responsibility 
 17.30  for the organization, administration, and operation of such unit 
 17.31  the office.  
 17.32     Subd. 2.  [PERSONNEL TRAINING, EXPENSES.] Where When the 
 17.33  governor or a duly authorized representative deems state 
 17.34  director considers it necessary to send (1) an employee of the 
 17.35  division of emergency management or any other person individual, 
 17.36  whether or not that person individual is a state employee, to 
 18.1   any a school, training or indoctrination program, or place for 
 18.2   training or indoctrination in matter legitimately connected with 
 18.3   civil defense emergency management, or where the governor deems 
 18.4   it necessary to send (2) any person individual, whether or not a 
 18.5   state employee, to any place in this or another state for any 
 18.6   purpose connected with civil defense emergency management, 
 18.7   the governor state director may authorize the payment of travel 
 18.8   expenses and reasonable subsistence for the period of time 
 18.9   during which that the person employee or other individual is 
 18.10  required to remain at the place.  These payments shall must be 
 18.11  made from money appropriated to the department.  Upon the 
 18.12  certification by the governor or a duly authorized 
 18.13  representative state director of the purpose and amount of any 
 18.14  such the payment, the commissioner of finance shall draw a 
 18.15  warrant upon the state treasurer, and the latter shall pay the 
 18.16  amount so certified.  The stipulations in this section are 
 18.17  subject to the provisions of section 43A.18. 
 18.18     The governor state director may devise and formulate a 
 18.19  procedure for the processing and certification of travel and 
 18.20  subsistence expenses which that allows the person employee or 
 18.21  other individual to submit monthly statements of expenses 
 18.22  incurred during the preceding month. 
 18.23     Sec. 14.  Minnesota Statutes 1994, section 12.25, is 
 18.24  amended to read: 
 18.25     12.25 [LOCAL ORGANIZATIONS.] 
 18.26     Subdivision 1.  [DIRECTOR; RESPONSIBILITY.] Each political 
 18.27  subdivision of this state shall establish a local organization 
 18.28  for civil defense for emergency management in accordance with 
 18.29  the state civil defense plan and program emergency management 
 18.30  program, but no town shall establish a local organization 
 18.31  for civil defense emergency management without approval of the 
 18.32  state director.  Each local organization for civil defense shall 
 18.33  emergency management must have a director who shall be appointed 
 18.34  forthwith:  in a city by the mayor thereof, in a town by the 
 18.35  town board, and for a public corporation organized and existing 
 18.36  under sections 473.601 to 473.679 by its governing body who 
 19.1   shall have direct responsibility.  The local director is 
 19.2   directly responsible for the organization, administration, and 
 19.3   operation of such the local organization for civil defense 
 19.4   emergency management, subject to the direction and control 
 19.5   of such the local governing body. 
 19.6      Subd. 2.  [COUNTY DIRECTOR, RESPONSIBILITY.] (a) Each 
 19.7   county civil defense emergency management organization 
 19.8   shall must have a director and one or more deputy directors.  
 19.9   They shall must be appointed by the county board. 
 19.10     (b) A county organization for civil defense shall 
 19.11  have emergency management has jurisdiction throughout the county 
 19.12  outside of any a city or of a town which that has a local 
 19.13  civil defense emergency management organization. 
 19.14     (c) In addition to the other powers granted by this 
 19.15  subdivision, such county organizations shall: 
 19.16     (1) coordinate the activities of and may assist in the 
 19.17  training of civil defense emergency management organizations of 
 19.18  political subdivisions within throughout the county,; 
 19.19     (2) plan for the continuity emergency operations of county 
 19.20  government in cooperation with the county attorney, who is 
 19.21  authorized and directed to shall give legal advice to the county 
 19.22  organization, and with other appropriate county government 
 19.23  officials and private sector representatives; 
 19.24     (3) acquire equipment necessary in connection therewith, 
 19.25  with these activities; and 
 19.26     (4) expend funds provided by the county board out of 
 19.27  general revenue funds for such purposes.  
 19.29  local and county organization for civil defense emergency 
 19.30  management shall perform civil defense emergency management 
 19.31  functions within the territorial limits of the political 
 19.32  subdivision within which it is organized, and, in addition, 
 19.33  shall conduct such these functions outside of such its 
 19.34  territorial limits as may be required pursuant to the provisions 
 19.35  of sections 12.23, 12.27, and 12.32 or any other 
 19.36  applicable provisions of law.  
 20.2   AGREEMENTS.] With approval of the governor state director, two 
 20.3   or more political subdivisions which are contiguous for civil 
 20.4   defense purposes may enter into agreements determining the 
 20.5   boundaries of the geographic areas of their respective civil 
 20.6   defense emergency management responsibilities or providing for a 
 20.7   common civil defense emergency management organization, which, 
 20.8   for the purposes of this chapter, shall must be a local civil 
 20.9   defense emergency management organization.  
 20.10     Sec. 15.  Minnesota Statutes 1994, section 12.26, is 
 20.11  amended to read: 
 20.14     Subdivision 1.  [APPROPRIATION FOR EXPENSES.] Each 
 20.15  political subdivision shall have the power to may make 
 20.16  appropriations in the manner provided by law for making 
 20.17  appropriations for the ordinary expenses of such the political 
 20.18  subdivision for the payment of expenses of its local 
 20.19  organizations for civil defense emergency management, and any 
 20.20  local contingent of the civil air patrol.  
 20.22  EXPENDITURES.] To provide money for civil defense the emergency 
 20.23  management purposes authorized by this chapter, a political 
 20.24  subdivision is empowered to may levy a tax annually upon all 
 20.25  taxable property in the political subdivision, except as 
 20.26  provided in subdivision 4, a tax in excess of and over and above 
 20.27  all charter taxing limitations in such an amount as may be 
 20.28  necessary to pay such expenditures incurred for emergency 
 20.29  management purposes.  
 20.30     Subd. 3.  [POWER TO TAX, ORGANIZATIONAL EQUIPMENT.] (a) To 
 20.31  provide moneys for the money to purchase of organizational 
 20.32  equipment which that is to be paid for in part by the federal 
 20.33  government, a political subdivision is empowered to may levy a 
 20.34  tax upon all taxable property in the political subdivision, 
 20.35  except as provided in subdivision 4, in excess of and over and 
 20.36  above all taxing limitations, including those provided in 
 21.1   subdivision 2, in such an amount as may be necessary to pay its 
 21.2   share of the cost of such the organizational equipment, provided 
 21.3   that the governor has approved the purchase thereof.  
 21.4      (b) Each political subdivision which that has initiated the 
 21.5   purchase of organizational equipment shall have the power may: 
 21.6      (1) to pay into the state treasury, in trust, its share of 
 21.7   the cost of organizational equipment required by the federal 
 21.8   government to be paid in advance; 
 21.9      (2) to pay into the state treasury, in trust, its share of 
 21.10  the reimbursement of the federal government by the state as part 
 21.11  of its share of the cost of organizational equipment purchased 
 21.12  for the political subdivision and initially wholly paid for from 
 21.13  the federal treasury; 
 21.14     (3) to pay the entire cost of organizational equipment from 
 21.15  funds derived from tax levies herein authorized by this section, 
 21.16  but within the limitations of subdivision 2.  Organizational 
 21.17  equipment purchased entirely from funds of a political 
 21.18  subdivision need not be in excess of equipment provided for 
 21.19  normal operation of a political subdivision and may be of a type 
 21.20  and kind usable for both local and civil defense emergency 
 21.21  management purposes.  
 21.22     Subd. 4.  [POWER TO TAX BY COUNTY.] When levied by a 
 21.23  county, the taxes authorized in subdivisions 2 and 3, 
 21.24  respectively, shall must be spread wholly and exclusively upon 
 21.25  property within the portion of the county over which the county 
 21.26  local organization for civil defense emergency management has 
 21.27  jurisdiction as provided in section 12.25, subdivision 1; 
 21.28  provided, however, that a county may levy annually a tax upon 
 21.29  all taxable property within any city or town within the county 
 21.30  which that has a local civil defense emergency management 
 21.31  organization.  
 21.32     Subd. 6.  [MINNEAPOLIS, EXCEPTION.] Notwithstanding the 
 21.33  limitation contained in subdivision 2, the limitation applicable 
 21.34  to the city of Minneapolis shall continue continues at 20 cents 
 21.35  per capita, and no levy may be made by Hennepin county on 
 21.36  property within the city of Minneapolis pursuant to subdivision 
 22.1   4.  
 22.2      Sec. 16.  Minnesota Statutes 1994, section 12.27, is 
 22.3   amended to read: 
 22.4      12.27 [MUTUAL AID, ARRANGEMENTS.] 
 22.5      Subdivision 1.  [AUTHORITY; ORGANIZATIONS IN MINNESOTA.] 
 22.6   The director of each local organization for civil defense 
 22.7   emergency management may, in collaboration with other public and 
 22.8   private agencies within this state, develop or cause to be 
 22.9   developed mutual aid arrangements for reciprocal civil defense 
 22.10  emergency management aid and assistance in an emergency or 
 22.11  disaster too great to be dealt with unassisted.  Such These 
 22.12  arrangements shall must be consistent with the state civil 
 22.13  defense local emergency operations plan and program, and, in 
 22.14  time of emergency it shall be the duty of, each local 
 22.15  organization for civil defense emergency management and the its 
 22.16  members thereof to shall render assistance in accordance with 
 22.17  the provisions of such the mutual aid arrangements.  
 22.19  The state director or the director of each local organization 
 22.20  for civil defense emergency management may, subject to the 
 22.21  approval of the governor, enter into mutual aid arrangements 
 22.22  with civil defense emergency management agencies or 
 22.23  organizations in other states for reciprocal civil defense 
 22.24  emergency management aid and assistance in case of disaster too 
 22.25  great to be dealt with unassisted.  
 22.27  PROVINCES.] Subject to the approval of the governor, the state 
 22.28  director may enter into mutual aid agreements with emergency 
 22.29  management agencies or organizations in Canadian provinces for 
 22.30  reciprocal emergency management aid and assistance in case of 
 22.31  disaster too great to be dealt with unassisted. 
 22.32     Subd. 3.  [LOCAL DELEGATION OF AUTHORITY.] (a) No later 
 22.33  than 90 days after the effective date of these amendments to 
 22.34  this section, the governing body or town board of a political 
 22.35  subdivision may by resolution provide that an officer or 
 22.36  designee of the shall designate a city administrator or manager, 
 23.1   public safety director, police chief, fire chief, public works 
 23.2   director, or other officer may who, exercising discretion and 
 23.3   considering the needs of the political subdivision and its 
 23.4   inhabitants, may dispatch equipment and personnel as deemed 
 23.5   considered necessary if there is a danger of fire, hazard, 
 23.6   casualty, or another similar occurrence exists outside the 
 23.7   political subdivision and by its suddenness it would be 
 23.8   impractical for the governing body itself to authorize the 
 23.9   dispatch of equipment and personnel to combat the occurrence 
 23.10  that emergency or disaster. 
 23.11     (b) Action under this subdivision is an act of the 
 23.12  political subdivision.  All provisions for compensation of 
 23.13  personnel, rental of equipment, liability insurance coverage, 
 23.14  workers' compensation insurance, and other matters pertaining to 
 23.15  the political subdivision, its equipment, and personnel, apply 
 23.16  in each case as if specifically authorized and directed. 
 23.17     (c) The officer shall end the use of equipment and 
 23.18  personnel when the need no longer exists or earlier at the 
 23.19  officer's discretion if it appears to be in the best interest of 
 23.20  the political subdivision. 
 23.22  request of another state, the governor, exercising discretion 
 23.23  and considering the needs of this state and its inhabitants, may 
 23.24  dispatch state equipment and personnel as deemed necessary if 
 23.25  there is an emergency or disaster outside of this state. 
 23.26     The governor shall end the use of equipment and personnel 
 23.27  when the need no longer exists or earlier at the governor's 
 23.28  discretion if it appears to be in the best interest of the state.
 23.29     Sec. 17.  Minnesota Statutes 1994, section 12.28, is 
 23.30  amended to read: 
 23.31     12.28 [ORDERS, RULES; ENFORCEMENT.] 
 23.32     It shall be the duty of Every organization for civil 
 23.33  defense emergency management established pursuant to this 
 23.34  chapter and of the its officers thereof to shall execute and 
 23.35  enforce such orders and rules as may be made by the governor 
 23.36  under authority of this chapter or section 216C.15.  Each such 
 24.1   organization shall must have available for inspection at its 
 24.2   office all orders and rules made by the governor, or under the 
 24.3   governor's authority. 
 24.4      Sec. 18.  Minnesota Statutes 1994, section 12.29, is 
 24.5   amended to read: 
 24.6      12.29 [LOCAL EMERGENCIES.] 
 24.7      Subdivision 1.  [AUTHORITY TO DECLARE EMERGENCY.] A local 
 24.8   emergency may be declared only by the mayor of a municipality or 
 24.9   the chair of a county board of commissioners or their legal 
 24.10  successors.  It shall may not be continued for a period in 
 24.11  excess of three days except by or with the consent of the 
 24.12  governing board body of the political subdivision.  Any order, 
 24.13  or proclamation declaring, continuing, or terminating a local 
 24.14  emergency shall must be given prompt and general publicity 
 24.15  and shall be filed promptly by the chief of the local records 
 24.16  keeping recordkeeping agency of the political subdivision. 
 24.18  declaration of a local emergency shall invoke invokes necessary 
 24.19  portions of the response and recovery aspects of applicable 
 24.20  local or interjurisdictional disaster plans, and may authorize 
 24.21  aid and assistance thereunder under those plans. 
 24.23  interjurisdictional agency or official may declare a local 
 24.24  emergency unless expressly authorized by the agreement under 
 24.25  which the agency functions.  However, an interjurisdictional 
 24.26  disaster agency shall provide aid and services in accordance 
 24.27  with the agreement under which it functions. 
 24.28     Sec. 19.  Minnesota Statutes 1994, section 12.301, is 
 24.29  amended to read: 
 24.30     12.301 [COMMUNITY DISASTER LOANS.] 
 24.31     Whenever, at the request of the governor, the president has 
 24.32  declared a major disaster to exist in this state, the governor 
 24.33  is authorized to take the following actions: 
 24.34     (a) Upon the governor's determination that a political 
 24.35  subdivision of the state will suffer a substantial loss of tax 
 24.36  and other revenues from a major disaster and has demonstrated a 
 25.1   need for financial assistance to perform its governmental 
 25.2   functions, to the governor may apply to the federal government, 
 25.3   on behalf of the political subdivision, for a loan, and to 
 25.4   receive and disburse the proceeds of any the approved loan to 
 25.5   any the applicant political subdivision. 
 25.6      (b) To The governor may determine the amount needed by 
 25.7   any an applicant political subdivision to restore or resume its 
 25.8   governmental functions, and to certify the same that amount to 
 25.9   the federal government.  No application amount shall may exceed 
 25.10  25 percent of the annual operating budget of the applicant for 
 25.11  the fiscal year in which the major disaster occurs. 
 25.12     (c) To The governor may recommend to the federal 
 25.13  government, based upon the governor's review, the cancellation 
 25.14  of all or any part of repayment when, in the first three full 
 25.15  fiscal year period following the major disaster, the revenues of 
 25.16  the political subdivision are insufficient to meet its operating 
 25.17  expenses, including additional disaster-related expenses of a 
 25.18  municipal operation character. 
 25.19     Sec. 20.  Minnesota Statutes 1994, section 12.31, is 
 25.20  amended to read: 
 25.24  SECURITY EMERGENCY.] In the event When information from the 
 25.25  president of the United States or of, the federal emergency 
 25.26  management agency or, the department of defense, or through the 
 25.27  national air warning system indicates the imminence of an actual 
 25.28  enemy attack upon a national security emergency within the 
 25.29  United States, which means the several states, the District of 
 25.30  Columbia, the Commonwealth of Puerto Rico, and the Panama Canal 
 25.31  Zone, or the occurrence, within the state of Minnesota, of a 
 25.32  major disaster from enemy sabotage or other hostile action, the 
 25.33  governor may, by proclamation, declare that a civil defense 
 25.34  national security emergency exists in all or any part of the 
 25.35  state; and,.  If the legislature is then in regular session, or, 
 25.36  if it is not, if the governor concurrently with the proclamation 
 26.1   declaring such an the emergency issues a call convening 
 26.2   immediately both houses of the legislature, the governor shall 
 26.3   have and may exercise for a period not to exceed 30 days 
 26.4   the emergency powers and duties conferred and imposed by 
 26.5   sections 12.31 to 12.37, and the political subdivision shall 
 26.6   have and may exercise for such period of not to exceed 30 days 
 26.7   the powers and duties conferred and imposed upon them by 
 26.8   sections 12.31 to 12.37.  The lapse of such these emergency 
 26.9   powers shall does not, as regards any act or acts occurring or 
 26.10  committed within said the 30-day period, deprive any 
 26.11  person, firm, corporation, political subdivision, municipal 
 26.12  corporation, or body politic of any right or rights to 
 26.13  compensation or reimbursement which that it may have under the 
 26.14  provisions of this chapter. 
 26.16  governor may declare a peacetime emergency.  A peacetime 
 26.17  declaration of emergency may be declared only when an act of 
 26.18  nature, an industrial accident or, a hazardous materials 
 26.19  accident, or a civil disturbance endangers life and property and 
 26.20  local government resources are inadequate to handle the 
 26.21  situation.  It shall must not be continued for a period of more 
 26.22  than five days unless extended by resolution of the executive 
 26.23  council up to 30 days.  Any An order, or proclamation declaring, 
 26.24  continuing, or terminating an emergency shall must be given 
 26.25  prompt and general publicity and shall be filed with the 
 26.26  secretary of state.  
 26.28  declaration of a peacetime emergency shall invoke invokes the 
 26.29  necessary portions of the state comprehensive emergency 
 26.30  operations plan developed pursuant to section 12.21, subdivision 
 26.31  3, relating to response and recovery aspects and may authorize 
 26.32  aid and assistance thereunder under the plan.  
 26.33     Sec. 21.  Minnesota Statutes 1994, section 12.32, is 
 26.34  amended to read: 
 26.36     All Orders and rules promulgated by the governor under 
 27.1   authority of section 12.21, subdivision 3, clause (1), when 
 27.2   approved by the executive council and a copy thereof has been 
 27.3   filed in the office of the secretary of state, shall have, 
 27.4   during a civil defense national security or energy supply 
 27.5   emergency, the full force and effect of law.  All Rules and 
 27.6   ordinances of any agency or political subdivision of the state 
 27.7   inconsistent with the provisions of this chapter, or with any 
 27.8   order or rule having the force and effect of law issued under 
 27.9   the authority of this chapter, shall be is suspended during the 
 27.10  period of time and to the extent that such conflict the 
 27.11  emergency exists. 
 27.12     Sec. 22.  Minnesota Statutes 1994, section 12.33, is 
 27.13  amended to read: 
 27.15     Subdivision 1.  [AUTHORITY.] Whenever When the public 
 27.16  interest requires it on account because of an imminent 
 27.17  emergency, the governor may authorize and direct the police, 
 27.18  firefighting, health, or other force of any a political 
 27.19  subdivision, herein called the sending political subdivision, to 
 27.20  go to the assistance of another political subdivision, herein 
 27.21  called the receiving political subdivision, and to take and 
 27.22  use for such purpose such the personnel, equipment, and supplies 
 27.23  of the sending political subdivision as the governor may direct. 
 27.24     Subd. 2.  [EFFECT.] While so engaged in the activities 
 27.25  described in subdivision 1, the officers and members of such 
 27.26  those forces shall have the same powers, duties, rights, 
 27.27  privileges, and immunities as if they were performing like 
 27.28  service in the sending political subdivision and shall be are 
 27.29  considered to be acting within the scope of and in the course of 
 27.30  their regular employment, as employees of such the sending 
 27.31  political subdivision.  
 27.33  ASSISTANCE.] The receiving political subdivision shall reimburse 
 27.34  the sending political subdivision for all the supplies used and 
 27.35  the compensation paid to all the officers and members of the 
 27.36  forces so furnished, during such time as the rendition of such 
 28.1   aid prevents them from performing their duties in the sending 
 28.2   political subdivision, for the actual traveling and maintenance 
 28.3   expenses of such the officers and members while rendering such 
 28.4   aid, and the cost of all insurance covering such officers and 
 28.5   members while so engaged.  Any A claim for such loss, damage, 
 28.6   or expense in use of using equipment or supplies or for 
 28.7   additional expenses incurred in the operation or maintenance 
 28.8   thereof shall operating or maintaining them must not be allowed 
 28.9   unless within 90 days after the same loss, damage, or expense is 
 28.10  sustained or incurred an itemized notice of such claim it, 
 28.11  verified by an officer or employee of the municipality having 
 28.12  knowledge of the facts, is filed with the clerk of the receiving 
 28.13  political subdivision.  
 28.14     Subd. 4.  [REIMBURSEMENT BY STATE.] It shall be is the 
 28.15  policy of the state to reimburse the sending political 
 28.16  subdivision for any loss or damage to equipment used outside of 
 28.17  the corporate limits of the sending political subdivision and to 
 28.18  reimburse the sending political subdivision for any additional 
 28.19  expenses incurred in the operation and maintenance thereof 
 28.20  operating and maintaining the equipment outside such of its 
 28.21  corporate limits.  Any A claim for such loss, damage, or expense 
 28.22  in use of using equipment or for additional expenses incurred in 
 28.23  the operation or maintenance thereof shall operating or 
 28.24  maintaining the equipment must not be allowed unless within 90 
 28.25  days after the same it is sustained or incurred an itemized 
 28.26  notice of such the claim, verified by an officer or employee of 
 28.27  the sending political subdivision having knowledge of the facts, 
 28.28  is filed with the state director.  
 28.29     Sec. 23.  Minnesota Statutes 1994, section 12.34, is 
 28.30  amended to read: 
 28.31     12.34 [PERSONS REQUIRED TO ASSIST.] 
 28.32     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
 28.33  life, property, or the environment during a civil defense 
 28.34  national security emergency, the governor, the state director, 
 28.35  or a member of a class of members of a state or local civil 
 28.36  defense emergency management organization designated by the 
 29.1   governor, may, when necessary to save life or property (1) 
 29.2   require any person, except members of the federal or state 
 29.3   military forces and officers of the state or a political 
 29.4   subdivision, to perform services for civil defense emergency 
 29.5   management purposes as directed by any of the persons first 
 29.6   above described above, and (2) commandeer, during a civil 
 29.7   defense national security emergency, any motor vehicle, tools, 
 29.8   appliances, or any other personal property.  
 29.9      Subd. 2.  [COMPENSATION.] The owner of any property so 
 29.10  commandeered shall property must be promptly paid just 
 29.11  compensation for the its use thereof and all damages done to the 
 29.12  property while so used for civil defense emergency management 
 29.13  purposes.  The governor or the governing body of the political 
 29.14  subdivision concerned, respectively, according to the 
 29.15  use thereof of the property, shall make a formal order 
 29.16  determining the amount of such compensation.  The owner may 
 29.17  appeal to the district court of the county in which such the 
 29.18  property was commandeered if, within 30 days from the date of 
 29.19  such the order, the owner serves upon the governor or the 
 29.20  political subdivision concerned and files with the court 
 29.21  administrator of such the district court a written notice of 
 29.22  appeal setting forth the order appealed from and, in detail, the 
 29.23  amount claimed as compensation.  Upon such appeal, the issue 
 29.24  shall be is the amount of damages to which the appellant is 
 29.25  entitled.  It may be noticed for trial as in the case of a civil 
 29.26  action and the court may require other parties to be joined and 
 29.27  to plead therein when necessary to a proper determination of the 
 29.28  questions involved.  The cause shall must be tried without a 
 29.29  jury de novo and the court shall determine the damages and the 
 29.30  person or persons entitled thereto to them.  Except as herein 
 29.31  otherwise provided, the trial shall must be conducted and the 
 29.32  cause disposed of according to the rules applicable to civil 
 29.33  actions in the district court.  The court in its discretion may 
 29.34  award to the prevailing party the costs and disbursements of the 
 29.35  appeal.  
 29.36     Subd. 3.  [PENALTY.] Any An able-bodied person required to 
 30.1   perform services for civil defense emergency management who 
 30.2   refuses, neglects, or otherwise fails to perform the services 
 30.3   required under subdivision 1 shall be is guilty of a misdemeanor 
 30.4   and must be punished by imprisonment in the county jail for not 
 30.5   less than ten days or more than 90 days.  
 30.6      Sec. 24.  Minnesota Statutes 1994, section 12.35, is 
 30.7   amended to read: 
 30.10     Subdivision 1.  [GOVERNOR'S ORDER.] Mobile support units 
 30.11  shall be called to duty upon orders of the governor and shall 
 30.12  perform their functions in any part of the state, or, upon the 
 30.13  conditions specified in this section, in other states.  
 30.15  PRIVILEGES.] Emergency response personnel of mobile support 
 30.16  units, while on active duty, whether within or without activated 
 30.17  by the state, shall:  (1) if they are considered state employees 
 30.18  of the state, and have the powers, duties, rights, privileges, 
 30.19  and immunities and receive the compensation incidental to their 
 30.20  employment; (2) if they are employees of a political 
 30.21  subdivision, and whether serving within or without such 
 30.22  political subdivision, have the powers, duties, rights, 
 30.23  privileges and immunities and receive the compensation 
 30.24  incidental to their employment; and (3) if they are not 
 30.25  employees of the state or a political subdivision thereof, 
 30.26  receive compensation by the state of $5 per day and have the 
 30.27  same rights and immunities as are provided by law for the 
 30.28  employees of this state.  All personnel of mobile support units 
 30.29  shall, while on duty, be subject to the operational control of 
 30.30  the authority in charge of civil defense activities in the area 
 30.31  in which they are serving, and shall be reimbursed for all 
 30.32  actual and necessary travel and subsistence expenses.  
 30.34  RESPONSE.] The state shall reimburse a political subdivision for 
 30.35  the compensation paid and actual and necessary travel, 
 30.36  subsistence, and maintenance expenses of employees of such the 
 31.1   political subdivision while serving as members of a mobile 
 31.2   support unit and they are activated by the state director as 
 31.3   emergency response personnel.  Reimbursement must also be 
 31.4   provided for all payments for death, disability, or injury of 
 31.5   such employees incurred in the course of such duty, and for all 
 31.6   losses of or damage to supplies and equipment of such the 
 31.7   political subdivision resulting from the operation operations of 
 31.8   such mobile support unit the emergency response personnel.  
 31.10  state shall also reimburse a political subdivision for the 
 31.11  compensation paid and actual and necessary travel, subsistence, 
 31.12  and maintenance expenses of employees of the political 
 31.13  subdivision while they are activated by the state director in 
 31.14  order to participate in specifically authorized training and 
 31.15  exercises. 
 31.16     Subd. 4.  [REIMBURSEMENT OF OTHER STATE.] Whenever a mobile 
 31.17  support unit When emergency management personnel of another 
 31.18  state shall render aid in this state Minnesota pursuant to the 
 31.19  orders of the governor of its home state, and upon the request 
 31.20  of the governor of this state Minnesota, this state shall 
 31.21  reimburse such the other state for (1) the compensation paid and 
 31.22  actual and necessary travel, subsistence, and maintenance 
 31.23  expenses of the personnel of such mobile support unit the other 
 31.24  state while rendering such aid as emergency management 
 31.25  personnel, and for (2) all payments for death, disability, or 
 31.26  injury of such those personnel incurred in the course of 
 31.27  rendering such that aid, and for (3) all losses of or damage to 
 31.28  supplies and equipment of such the other state, or a 
 31.29  governmental subdivision thereof of the other state, resulting 
 31.30  from the rendering of such aid; provided, that the laws of such 
 31.31  the other state contain provisions substantially similar to this 
 31.32  section.  
 31.33     Subd. 5.  No personnel of a mobile support unit of this 
 31.34  state shall be ordered by the governor to operate in any other 
 31.35  state unless the laws of such other state contain provisions 
 31.36  substantially similar to this section.  
 32.1      Sec. 25.  Minnesota Statutes 1994, section 12.36, is 
 32.2   amended to read: 
 32.3      12.36 [GOVERNOR MAY CONTRACT.] 
 32.4      (a) The governor, during a civil defense an emergency, 
 32.5   is, or disaster and notwithstanding any other provision of law, 
 32.6   empowered to may: 
 32.7      (1) enter into contracts and incur obligations necessary to 
 32.8   combat such the disaster by protecting the health and safety of 
 32.9   persons and the safety of property, and by providing emergency 
 32.10  assistance to the victims of such the disaster; to and 
 32.11     (2) exercise the powers vested by this subdivision in the 
 32.12  light of the exigencies of the disaster without compliance with 
 32.13  time-consuming procedures and formalities prescribed by law 
 32.14  pertaining to: 
 32.15     (i) the performance of public work,; 
 32.16     (ii) entering into contract,; 
 32.17     (iii) incurring of obligations,; 
 32.18     (iv) employment of temporary workers,; 
 32.19     (v) rental of equipment,; 
 32.20     (vi) purchase of supplies and materials, for example, but 
 32.21  not limited to, publication of calls for bids,; 
 32.22     (vii) provisions of the civil service act and rules,; 
 32.23     (viii) provisions relating to low bids; and 
 32.24     (ix) requirements for the budgeting and allotment of funds. 
 32.25     (b) All contracts shall must be in writing, executed on 
 32.26  behalf of the state by the governor or a person delegated by the 
 32.27  governor in writing so to do, and shall must be promptly filed 
 32.28  with the commissioner of finance, who shall forthwith encumber 
 32.29  funds appropriated for the purposes of the contract for the full 
 32.30  contract liability and certify thereon that such the encumbrance 
 32.31  has been made.  
 32.32     Sec. 26.  Minnesota Statutes 1994, section 12.37, is 
 32.33  amended to read: 
 32.35  CONTRACTS.] 
 32.36     During a civil defense an emergency or disaster, each 
 33.1   political subdivision is, notwithstanding any statutory or 
 33.2   charter provision to the contrary, empowered, and through its 
 33.3   governing body acting within or without the corporate limits of 
 33.4   the political subdivision, to may: 
 33.5      (1) enter into contracts and incur obligations necessary to 
 33.6   combat such the disaster by protecting the health and safety of 
 33.7   persons and property, and by providing emergency assistance to 
 33.8   the victims of such the disaster.  Each political subdivision is 
 33.9   authorized to; and 
 33.10     (2) exercise the powers vested by this subdivision in the 
 33.11  light of the exigencies of the disaster without compliance with 
 33.12  time-consuming procedures and formalities prescribed by law 
 33.13  pertaining to: 
 33.14     (i) the performance of public work,; 
 33.15     (ii) entering into contracts,; 
 33.16     (iii) incurring of obligations,; 
 33.17     (iv) employment of temporary workers,; 
 33.18     (v) rental of equipment,; 
 33.19     (vi) purchase of supplies and materials,; 
 33.20     (vii) limitations upon tax levies,; and 
 33.21     (viii) the appropriation and expenditure of public funds, 
 33.22  for example, but not limited to, publication of ordinances and 
 33.23  resolutions, publication of calls for bids, provisions of civil 
 33.24  service laws and rules, provisions relating to low bids, and 
 33.25  requirements for budgets.  
 33.26     Sec. 27.  Minnesota Statutes 1994, section 12.42, is 
 33.27  amended to read: 
 33.29     During a civil defense an emergency or disaster, any a 
 33.30  person who holds a license, certificate, or other permit issued 
 33.31  by a state of the United States, evidencing the meeting of 
 33.32  qualifications for professional, mechanical, or other skills, 
 33.33  may render aid involving such skill those skills in this state.  
 33.34  The license, certificate, or other permit of such the person, 
 33.35  while so rendering aid shall have, has the same force and effect 
 33.36  as if issued in this state.  
 34.1      Sec. 28.  Minnesota Statutes 1994, section 12.43, is 
 34.2   amended to read: 
 34.3      12.43 [SUBVERSIVES; HIRING, USING; OATHS.] 
 34.4      No person shall may be employed or associated in any 
 34.5   capacity in any civil defense an emergency management 
 34.6   organization established under this chapter who advocates or has 
 34.7   advocated a change by force or violence in the constitutional 
 34.8   form of the Government of the United States or in this state or 
 34.9   the overthrow of any government in the United States by force or 
 34.10  violence, or who has been convicted of or is under indictment or 
 34.11  information charging any subversive act against the United 
 34.12  States.  Each person who is appointed to serve in an 
 34.13  organization for civil defense emergency management shall, 
 34.14  before entering upon any duties, take an oath, in writing, 
 34.15  before a person authorized to administer oaths in this state, 
 34.16  which oath shall must be substantially as follows: 
 34.17     "I, .........., do solemnly swear (or affirm) that I will 
 34.18  support and defend the Constitution of the United States and the 
 34.19  Constitution of the State of ..... against all enemies, foreign 
 34.20  and domestic; that I will bear true faith and allegiance to the 
 34.21  same; that I take this obligation freely, without any mental 
 34.22  reservation or purpose of evasion; and that I will well and 
 34.23  faithfully discharge the duties upon which I am about to enter.  
 34.24  And I do further swear (or affirm) that I do not advocate, nor 
 34.25  am I a member of any political party or organization that 
 34.26  advocates the overthrow of the Government of the United States 
 34.27  or of this state by force or violence; and that during such time 
 34.28  as I am a member of the (name of civil defense emergency 
 34.29  management organization), I will not advocate nor become a 
 34.30  member of any political party or organization that advocates the 
 34.31  overthrow of the Government of the United States, or of this 
 34.32  state, by force or violence."  
 34.33     This oath may be administered by any officer of the state 
 34.34  division of emergency management, local civil defense director, 
 34.35  or ground observer corps supervisor.  
 34.36     Sec. 29.  Minnesota Statutes 1994, section 12.44, is 
 35.1   amended to read: 
 35.2      12.44 [POLITICAL ACTIVITIES.] 
 35.3      No organization for civil defense emergency management 
 35.4   established under the authority of this chapter shall 
 35.5   participate in any form of political activity, nor shall it be 
 35.6   employed directly or indirectly for political purposes, nor 
 35.7   shall it be employed in a legitimate labor dispute.  
 35.8      Sec. 30.  Minnesota Statutes 1994, section 12.45, is 
 35.9   amended to read: 
 35.10     12.45 [VIOLATIONS, PENALTIES.] 
 35.11     Unless a different penalty or punishment is specifically 
 35.12  prescribed, any a person who willfully violates any a provision 
 35.13  of this chapter or any a rule or order having the force and 
 35.14  effect of law issued under authority of this chapter is guilty 
 35.15  of a misdemeanor and upon conviction shall must be punished by a 
 35.16  fine of not less than $10 or more than $100 to exceed $700, or 
 35.17  by imprisonment for not more than 90 days.  
 35.18     Sec. 31.  Minnesota Statutes 1994, section 12.46, is 
 35.19  amended to read: 
 35.20     12.46 [LIMITATION OF POWERS.] 
 35.21     Nothing in this chapter shall be construed to 
 35.22  authorize authorizes the governor or the director: 
 35.23     (1) by subpoena or otherwise to require any person to 
 35.24  appear before any person or to produce any records for 
 35.25  inspection by any person, or to examine any person under oath; 
 35.26  and 
 35.27     (2) to remove summarily from office any person, other than 
 35.28  a person appointed under this chapter, except as now provided by 
 35.29  law or as herein specifically authorized. 
 35.30     Sec. 32.  [EXCEPTION.] 
 35.31     Nothing in this act shall be construed to conflict with the 
 35.32  "Minnesota hazardous materials incident response act" as defined 
 35.33  in Minnesota Statutes, sections 299A.48 to 299A.52 and 299K.095. 
 35.34     Sec. 33.  [RENUMBERING INSTRUCTION.] 
 35.35     In the next edition of Minnesota Statutes, the revisor of 
 35.36  statutes shall renumber section 12.03, subdivision 4a, as 
 36.1   section 12.03, subdivision 4c; section 12.03, subdivision 5a, as 
 36.2   section 12.03, subdivision 5c; and section 12.03, subdivision 8, 
 36.3   as section 12.03, subdivision 10. 
 36.4      Sec. 34.  [REPEALER.] 
 36.5      Minnesota Statutes 1994, sections 12.06; 12.07; and 12.08, 
 36.6   are repealed.