2nd Engrossment - 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 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. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 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 andmay be cited as the 1.17 "Minnesota civil defenseemergency management act of 19511.18 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 suchdisasters, and(2) generally to1.27 provide for the common defense and toprotect 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 to2.2 bethe 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 defense2.5 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 hereinin this chapter; and2.9 (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 thecarrying out of civil defense2.13 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 defenseemergency 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 which3.4 that creates an immediate and serious impairmentactual or 3.5 imminent serious threat to the health and safety of any person3.6 persons, or a situation whichthat 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 whichthat calls for immediate 3.19 action to prevent a disaster from developing or occurring. 3.20 Subd. 4. [EMERGENCY SERVICES OR CIVIL DEFENSEMANAGEMENT.] 3.21 "Emergency services or civil defensemanagement" means the 3.22 preparation for and the carrying out of allemergency 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, orfrom acute shortages of energy, or 3.26 from incidents occurring at nuclear fission electrical3.27 generatingpower plants whichthat 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 welfare3.33 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 preparation4.3 preparing for and carrying out of the foregoingthese 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. [ IMMINENCEIMMINENT.] " ImminenceImminent" means 4.15 clear and present danger to life and/oror 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. 4.20 Subd. 6. [LOCAL ORGANIZATION FOR EMERGENCY SERVICES4.21 MANAGEMENT.] "Local organization for emergency services4.22 management" means an organization created in accordance with the4.23 provisions ofthis chapter by the state or a political 4.24 subdivision to perform local emergency servicesmanagement 4.25 functions. 4.26 Subd. 7. [MOBILE SUPPORT UNIT.] "Mobile support unit"4.27 means an organization for emergency services created in4.28 accordance with the provisions of this chapter by the state or a4.29 political subdivision to be dispatched by the governor to4.30 supplement local organizations for emergency services in a4.31 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. 4.36 Subd. 8. [ ORGANIZATIONALSPECIALIZED EQUIPMENT.] 5.1 " OrganizationalSpecialized equipment" means equipment and 5.2 supplies essential for emergency servicesmanagement 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 willmay 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: 5.12 12.04 [DIVISION OF EMERGENCY MANAGEMENT.] 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 the5.21 functions, powers, and duties of the state director of the5.22 division of emergency management as described in this chapter,5.23 are hereby transferred to and imposed upon the commissioner of5.24 public safety, who shall be assigned to the duties and5.25 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. 6.10 Subd. 4. [ACTIVATION OF EMERGENCY OPERATIONS CENTERS.] The 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. 6.14 Subd. 5. [ASSISTANCE TO POLITICAL SUBDIVISIONS.] The 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.] 7.4 Subdivision 1. [DIVISION CREATED IN DEPARTMENT OF PUBLIC 7.5 SAFETY.] There is hereby created within the executive branch of7.6 the state governmentA division of emergency management is 7.7 established within the department of public safety , which shall7.8 beunder the supervision and control of the governor and a state 7.9 director of emergency services, hereinafter called the "state7.10 directormanagement. "The state director shall be appointed by7.11 thecommissioner of public safety andshall 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 suchtechnical, clerical, stenographicand other 7.16 personnel; and 7.17 (2) with the approval of the governor may, make such7.18 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 of7.22 this chapteremergency management. 7.23 SuchDivision personnel, except the director of 7.24 emergency services shallmanagement, must be in the classified 7.25 service of the state civil service. Such personnel except the7.26 director of civil defense holding offices or employment in the7.27 unclassified service on December 31, 1956, and continuously7.28 thereafter and until the effective date of this subdivision7.29 shall be given a qualifying examination as herein provided. The7.30 director of civil service, subject to the rules of the civil7.31 service board, shall on or before January 1, 1958, prepare and7.32 give once to all such incumbents of positions in the civil7.33 defense agency whose positions are in the classified service a7.34 qualifying examination which shall be noncompetitive, practical7.35 and involve only the duties of the position they occupied on7.36 December 31, 1956, or the position they occupy on the effective8.1 date of this subdivision, or the position they occupy on the8.2 date said examination is given, whichever examination the8.3 officer or employee may elect to take. If such aforementioned8.4 incumbents are found by such qualifying examination to have such8.5 ability and capacity as to enable them to perform the duties of8.6 the position for which they were examined in a reasonably8.7 efficient manner, they shall be given a civil service status8.8 subject to the provisions of section 43A.16. Any of the8.9 aforementioned incumbents required by this subdivision to take a8.10 qualifying examination who fail to pass the examination, shall8.11 be removed from the position at the expiration of 60 days8.12 following receipt of notice of failure to pass the examination.8.13 Any person who willfully fails or refuses to take the8.14 examination when offered, without reasonable excuse, shall be8.15 removed from the position immediately. No person required by8.16 this subdivision to take a qualifying examination shall be laid8.17 off, suspended, discharged or reduced in pay or position except8.18 in accordance with the provisions of law applicable to the8.19 members of the classified civil service having a civil service8.20 status, until the person has completed such qualifying8.21 examination and is notified of the result thereof, or unless the8.22 person refuses to take such qualifying examination. In the8.23 event of necessary reductions in employment in any class or8.24 position, officers or employees who have not acquired a8.25 permanent civil service status shall be laid off in accordance8.26 with their seniority within the division of emergency management.8.27 Subd. 3. [ WORKFACILITIES AND RESOURCES PROVIDED.] The 8.28 state director and other personnel of the division of emergency 8.29 management shallmust be provided with appropriate office space,8.30 furniture, equipment, supplies, stationery and8.31 printingfacilities 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: 8.35 12.13 [NUCLEAR POWER PLANT EMERGENCY RESPONSE PLAN8.36 PLANNING.] 9.1 Subdivision 1. [PLAN DEVELOPMENT.] The state director, in 9.2 cooperation with the commissioner of health and affected local9.3 units of governmentpolitical subdivisions, shall develop the 9.4 state and local portions of the emergency responseoperations 9.5 plans specified in the licensing of each nuclear fission9.6 electrical generatingpower plant located in Minnesota. 9.7 Subd. 2. [NEED ASSESSMENT; PROGRAM DEVELOPMENT.] In 9.8 addition to anyrequirements 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 acarry out nuclear power plant emergency response9.12 plan which shall includeoperations planning including, but is9.13 not limited to: 9.14 (1) purchase ofpurchasing equipment for the state and 9.15 local units of governmentpolitical subdivisions, including 9.16 public warning systems, protective devices, and communication 9.17 systems, including preparation of brochures, pamphletsand 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 planoperations planning 9.21 information system for areas surrounding each nuclear fission9.22 electrical generatingplant; 9.23 (3) training ofstate and local emergency response 9.24 personnel; 9.25 (4) development ofdeveloping accident scenarios and 9.26 exercises for nuclear emergency responseoperations plans; and 9.27 (5) provision of anyproviding other specialized response 9.28 equipment necessary to fulfill the plan. 9.29 Subd. 3. [ASSISTANCE.] The director shall provide any9.30 necessary assistance to other state agencies and local units of9.31 government in orderpolitical 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: 9.35 12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.] 9.36 AnyA person , firm, corporation, or associationin the 10.1 business of owning or operating a nuclear fission electrical10.2 generatingpower 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 otherprograms 10.5 necessary to deal with incidents resulting from the operation of10.6 nuclear fission electrical generating plantseither facility. 10.7 An assessment of up to one quarter of the projected annual cost 10.8 shallmust be paid to the commissioner of public safetystate 10.9 director on July 1 of each year. An assessment shallmust be 10.10 billed by the commissionerstate 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 shallmust 10.13 be deducted from the final quarterly billing for the fiscal 10.14 year. The assessment collected shallmust 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 the10.22 power and duty tomanagement, (2) may carry out the provisions 10.23 of this chapter, and ,(3) during a civil defensenational 10.24 security emergency declared as existing under section 12.31, or10.25 during the existence of an energy supply emergency as declared 10.26 under section 216C.15, or during the existence of anyan 10.27 emergency resulting from an incident at a nuclear fission10.28 electrical generatingpower plant whichthat 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 servicesmanagement functions within this state. 10.32 Subd. 2. [COOPERATION.] In performing duties under this 10.33 chapter, the governor is authorized tomay 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 defenseemergency 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 empoweredmay: 11.5 (1) tomake, 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 hereinby 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 havehas the force11.11 andeffect of law except as provided by section 12.32; 11.12 (2) to prepareensure that a comprehensive emergency 11.13 operations plan and emergency management program for the civil11.14 defense ofthis state are developed and maintained, such plan11.15 and program to beand are integrated into and coordinated with 11.16 the civil defenseemergency plans of the federal government and 11.17 of other states to the fullest possible extent , and to11.18 coordinate the preparation of plans and programs for civil11.19 defense by the political subdivisions of this state, such plans11.20 to be integrated into and coordinated with the civil defense11.21 plan and program of this state to the fullest possible extent; 11.22 (3) in accordance with such plan and program for the civil11.23 defensethe emergency operations plan and the emergency 11.24 management program of this state, toprocure supplies and 11.25 equipment, toinstitute training programs and public information 11.26 programs, and totake all other preparatory steps, including the 11.27 partial or full mobilizationactivation of civil defense11.28 emergency management organizations in advance of actual 11.29 disaster ,to insureensure the furnishing of adequately trained 11.30 and equipped forces of civil defenseemergency management 11.31 personnel in time of need; 11.32 (4) tomake suchstudies 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 thereofof those industries, resources, and 12.1 facilities; 12.2 (5) on behalf of this state, toenter into mutual aid 12.3 arrangements or cooperative agreements with other states and 12.4 with Canadian provinces, and tocoordinate mutual aid plans 12.5 between political subdivisions of this state; 12.6 (6) todelegate anyadministrative authority vested in the 12.7 governor under this chapter, except the power to make rules, to12.8 and provide for the subdelegation of any suchthat authority; 12.9 (7) to appoint, in cooperation with local authorities,12.10 metropolitan area directors when practicable;12.11 (8) tocooperate with the president and the heads of the 12.12 armed forces, the civil defenseemergency 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 defenseemergency 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 defense12.19 forces, and other testsand exercises; 12.20 (b)(ii) warnings and signals for drills or attacksactual 12.21 emergencies and the mechanical devices to be used in connection 12.22 therewithwith them; 12.23 (c) the effective screening or extinguishing of all lights12.24 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 civilianspersons 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 attackactual emergencies; 12.32 (f)(v) public meetings or gatherings; and 12.33 (g)(vi) the evacuation, reception, and sheltering of the12.34 civilian populationpersons; 12.35 (9) to(8) contribute to a political subdivision, within 12.36 the limits of the appropriation thereforfor that purpose, not 13.1 more than 25 percent of the cost of acquiring organizational 13.2 equipment whichthat 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 defenseemergency management purposes, and tocoordinate 13.11 the activities of the departments or agencies of the state and 13.12 of theits political subdivisions thereofconcerned directly or 13.13 indirectly with public highways and streets, in a manner which13.14 that will best effectuate suchthose 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 anythe 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 forensure 13.29 the conduct of an annual review by state and local officials of 13.30 the state emergency responseoperations plan specified in the 13.31 licensing of each nuclear fission electrical generatingpower 13.32 plant. The review shallmust include, but is not belimited 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 responseoperations plan shallmust 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 bemade 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 anyan agency or officer thereof shall offerof 14.10 the federal government, offers to the state, or through the 14.11 state to any political subdivision thereofof the state, 14.12 services, equipment, supplies, materials, or funds by way of 14.13 gift, grant or loan, for the purposes of civil defenseemergency 14.14 management, the state, acting through the governor, or suchthe 14.15 political subdivision, acting with the consent of the governor 14.16 and through its governing body, may accept suchthe offer and 14.17 upon such acceptance the governor of the state or governing body14.18 of such political subdivisionthen may authorize anyan officer 14.19 of the state or of the political subdivision, as the case may 14.20 be, to receive suchthe services, equipment, supplies, 14.21 materials, or funds on behalf of the state or suchthe 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 shallmay be accepted or received as a loan 14.25 nor shallany indebtedness beincurred except in the manner and14.26 under the limitations otherwiseas provided by law. 14.27 Subd. 2. [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 14.28 PERSONS.] Whenever anya person , firm or corporation shall offer14.29 offers to the state or to anya political subdivision thereof14.30 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 defenseemergency management, the state, 14.33 acting through the governor, or sucha political subdivision, 14.34 acting through its governing body, may accept suchthe offer and 14.35 upon such acceptance the governor of the state or the governing14.36 body of such political subdivisionthen may authorize anyan 15.1 officer of the state or of the political subdivision, as the 15.2 case may be, to receive suchthe services, equipment, supplies, 15.3 materials, real property, or funds on behalf of the state 15.4 or suchpolitical subdivision, and subject to the terms of the 15.5 offer , but. However, no moneysmoney or other funds 15.6 shallmay be accepted or received as a loan nor shallany 15.7 indebtedness beincurred except in the manner and under the15.8 limitations otherwiseas provided by law. Real property so 15.9 accepted shallmust be treated as, and subject to the same 15.10 immunities during time of civil defensenational 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 tomay establish rules in accordance with 15.19 the law for the proper and efficient operation and 15.20 administration of the civil defenseemergency 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 defenseemergency management agencies , provided,. 15.24 However, thatthe 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 suchthose methods. 15.27 (b) The governor may, by rule, cooperate with the federal 15.28 government in any manneras may benecessary 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: 15.35 12.221 [MINNESOTA NATURAL DISASTER ASSISTANCE.] 15.36 Subdivision 1. [DISASTER ASSISTANCE AGREEMENT.] The 16.1 division of emergency management is authorized tomay enter into 16.2 an agreement with the federal disaster assistance administration16.3 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 federal16.8 money for natural disaster assistance. Federal money received16.9 is appropriated to the commissioner, who shall report its16.10 expenditure to the chairs of the house of representatives ways16.11 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 administration16.14 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 toshall 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 thereofof the state to the maximum extent 17.12 practicable , and. The officers and personnel of all suchthe 17.13 departments, offices, and agencies are directed toshall 17.14 cooperate with and extend suchservices and facilities to the 17.15 governor and to the civil defenseemergency 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: 17.19 12.24 [ MOBILE SUPPORT UNITSREGIONAL DISASTER OFFICES.] 17.20 Subdivision 1. [AUTHORIZATION.] The governor or a duly17.21 designated representative is authorized tostate director may 17.22 create and establish such number of mobile support units17.23 regional disaster offices as may be necessary to reinforce civil17.24 defense organizations in stricken areasprovide 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 governordirector shall 17.28 appoint a commander for each unitdesignate staff for each 17.29 regional disaster office who shall have primary responsibility 17.30 for the organization, administration, and operation of such unit17.31 the office. 17.32 Subd. 2. [PERSONNEL TRAINING, EXPENSES.] WhereWhen the 17.33 governor or a duly authorized representative deemsstate 17.34 director considers it necessary to send (1) an employee of the 17.35 division of emergency management or any other personindividual, 17.36 whether or not that personindividual is a state employee, to 18.1 anya school, training or indoctrination program, or place for 18.2 training or indoctrination in matter legitimately connected with 18.3 civil defenseemergency management, or where the governor deems18.4 it necessary to send(2) any personindividual, whether or not a 18.5 state employee, to any place in this or another state for any 18.6 purpose connected with civil defenseemergency management, 18.7 the governorstate director may authorize the payment of travel 18.8 expenses and reasonable subsistence for the period of time18.9 during whichthat the personemployee or other individual is 18.10 required to remain at the place. These payments shallmust be 18.11 made from money appropriated to the department. Upon the18.12 certification by the governor or a duly authorized18.13 representativestate director of the purpose and amount of any18.14 suchthe 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 ofsection 43A.18. 18.18 The governorstate director may devise and formulate a 18.19 procedure for the processing and certification of travel and 18.20 subsistence expenses whichthat allows the personemployee 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 stateshall establish a local organization 18.28 for civil defensefor emergency management in accordance with 18.29 the state civil defense plan and programemergency management 18.30 program, but no town shall establish a local organization 18.31 for civil defenseemergency management without approval of the 18.32 state director. Each local organization for civil defense shall18.33 emergency management must have a director who shall beappointed 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 who19.1 shall have direct responsibility. The local director is 19.2 directly responsible for the organization, administration, and 19.3 operation of suchthe local organization for civil defense19.4 emergency management, subject to the direction and control 19.5 of suchthe local governing body. 19.6 Subd. 2. [COUNTY DIRECTOR, RESPONSIBILITY.] (a) Each 19.7 county civil defenseemergency management organization 19.8 shallmust have a director and one or more deputy directors. 19.9 They shallmust be appointed by the county board. 19.10 (b) A county organization for civil defense shall19.11 haveemergency management has jurisdiction throughout the county 19.12 outside of anya city or of a town whichthat has a local 19.13 civil defenseemergency management organization. 19.14 (c) In addition to the other powers granted by this 19.15 subdivision, suchcounty organizations shall: 19.16 (1) coordinate the activities of and may assist in the 19.17 training of civil defenseemergency management organizations of 19.18 political subdivisions withinthroughout the county ,; 19.19 (2) plan for the continuityemergency operations of county 19.20 government in cooperation with the county attorney, who is19.21 authorized and directed toshall 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. 19.28 Subd. 3. [LOCAL ORGANIZATIONS; TERRITORIAL LIMITS.] Each 19.29 local and county organization for civil defenseemergency 19.30 management shall perform civil defenseemergency 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 suchthese functions outside of suchits 19.34 territorial limits as may be required pursuant to the provisions19.35 ofsections 12.23, 12.27, and 12.32 or any other 19.36 applicable provisions oflaw. 20.1 Subd. 5. [ CONTIGUOUS SUBDIVISIONS,COMMON ORGANIZATION 20.2 AGREEMENTS.] With approval of the governorstate director, two 20.3 or more political subdivisions which are contiguous for civil20.4 defense purposesmay enter into agreements determining the 20.5 boundaries of the geographic areas of their respective civil20.6 defenseemergency management responsibilities or providing for a 20.7 common civil defenseemergency management organization, which ,20.8 for the purposes of this chapter , shallmust be a local civil20.9 defenseemergency management organization. 20.10 Sec. 15. Minnesota Statutes 1994, section 12.26, is 20.11 amended to read: 20.12 12.26 [LOCAL GOVERNMENTS;GOVERNMENTAL SUBDIVISIONS, 20.13 APPROPRIATIONS , TAXATION.] 20.14 Subdivision 1. [APPROPRIATION FOR EXPENSES.] Each 20.15 political subdivision shall have the power tomay make 20.16 appropriations in the manner provided by law for making 20.17 appropriations for the ordinary expenses of suchthe political 20.18 subdivision for the payment of expenses of its local 20.19 organizations for civil defenseemergency management, and any 20.20 local contingent of the civil air patrol. 20.21 Subd. 2. [POWER TO TAX, CIVIL DEFENSEEMERGENCY MANAGEMENT 20.22 EXPENDITURES.] To provide money for civil defensethe emergency 20.23 management purposes authorized by this chapter, a political 20.24 subdivision is empowered tomay levy a taxannually 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 chartertaxing limitations in suchan amount as may be 20.28 necessary to pay suchexpenditures incurred for emergency 20.29 management purposes. 20.30 Subd. 3. [POWER TO TAX, ORGANIZATIONAL EQUIPMENT.] (a) To 20.31 provide moneys for themoney to purchase oforganizational 20.32 equipment whichthat is to be paid for in part by the federal 20.33 government, a political subdivision is empowered tomay 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 suchan amount as may be necessary to pay its 21.2 share of the cost of suchthe organizational equipment, provided 21.3 that the governor has approved the purchase thereof. 21.4 (b) Each political subdivision whichthat has initiated the 21.5 purchase of organizational equipment shall have the powermay: 21.6 (1) topay 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) topay 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) topay the entire cost of organizational equipment from 21.15 funds derived from tax levies hereinauthorized 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 defenseemergency 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, shallmust 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 defenseemergency 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 whichthat has a local civil defenseemergency 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 continuecontinues 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 defense22.7 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 defense22.10 emergency management aid and assistance in an emergency or 22.11 disaster too great to be dealt with unassisted. SuchThese 22.12 arrangements shallmust be consistent with the state civil22.13 defenselocal 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 defenseemergency management and theits 22.16 members thereof toshall render assistance in accordance with 22.17 the provisions of suchthe mutual aid arrangements. 22.18 Subd. 2. [AUTHORITY; ORGANIZATIONS IN OTHER STATES.] 22.19 The state director or the director of each local organization 22.20 for civil defenseemergency management may, subject to the 22.21 approval of the governor, enter into mutual aid arrangements 22.22 with civil defenseemergency management agencies or 22.23 organizations in other states for reciprocal civil defense22.24 emergency management aid and assistance in case of disaster too 22.25 great to be dealt with unassisted. 22.26 Subd. 2a. [AUTHORITY; ORGANIZATIONS IN CANADIAN 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 boardof a political 22.35 subdivision may by resolution provide that an officer or22.36 designee of theshall designate a city administrator or manager, 23.1 public safety director, police chief, fire chief, public works 23.2 director, or other officer maywho, exercising discretion and 23.3 considering the needs of the political subdivision and its 23.4 inhabitants, may dispatch equipment and personnel as deemed23.5 considered necessary if there isa 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 occurrence23.10 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. 23.21 Subd. 4. [PROVIDING ASSISTANCE TO ANOTHER STATE.] At the 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 ofEvery organization for civil23.33 defenseemergency management established pursuant to this 23.34 chapter and of theits officers thereof toshall execute and 23.35 enforce suchorders and rules as may be made by the governor 23.36 under authority of this chapter or section 216C.15. Each such24.1 organization shallmust 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 shallmay not be continued for a period in 24.11 excess of three days except by or with the consent of the 24.12 governing boardbody of the political subdivision. Any order ,24.13 or proclamation declaring, continuing, or terminating a local 24.14 emergency shallmust be given prompt and general publicity 24.15 and shall befiled promptly by the chief of the local records24.16 keepingrecordkeeping agency of the political subdivision. 24.17 Subd. 2. [EFFECT OF DECLARATION OF EMERGENCY.] A 24.18 declaration of a local emergency shall invokeinvokes 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 thereunderunder those plans. 24.22 Subd. 3. [INTERJURISDICTIONAL AGENCIES.] No 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, tothe governor may apply to the federal government, 25.3 on behalf of the political subdivision, for a loan, and to25.4 receive and disburse the proceeds of anythe approved loan to 25.5 anythe applicant political subdivision. 25.6 (b) ToThe governor may determine the amount needed by 25.7 anyan applicant political subdivision to restore or resume its 25.8 governmental functions, and tocertify the samethat amount to 25.9 the federal government. No application amount shallmay 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) ToThe 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: 25.21 12.31 [ ENEMY ATTACKNATIONAL SECURITY OR PEACETIME 25.22 EMERGENCY; DECLARATION.] 25.23 Subdivision 1. [DECLARATION OF ENEMY ATTACKNATIONAL 25.24 SECURITY EMERGENCY.] In the eventWhen 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 throughthe 25.27 national airwarning system indicates the imminence of an actual25.28 enemy attack upona 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 defense25.34 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 anthe emergency issues a call convening 26.2 immediately both houses of the legislature, the governor shall26.3 have andmay exercise for a period not to exceed 30 days 26.4 the emergencypowers and duties conferred and imposed by 26.5 sections 12.31 to 12.37 , and the political subdivision shall26.6 have and may exercise for such period of not to exceed 30 days26.7 the powers and duties conferred and imposed upon them by26.8 sections 12.31 to 12.37. The lapse of suchthese emergency 26.9 powers shalldoes not, as regards any act or actsoccurring or 26.10 committed within saidthe 30-day period, deprive any 26.11 person, firm, corporation,political subdivision, municipal 26.12 corporation, or body politic of any right or rightsto 26.13 compensation or reimbursement whichthat it may have under the26.14 provisions ofthis chapter. 26.15 Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] The 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 shallmust not be continued for a period ofmore 26.22 than five days unless extended by resolution of the executive 26.23 council up to 30 days. AnyAn order, or proclamation declaring, 26.24 continuing, or terminating an emergency shallmust be given 26.25 prompt and general publicity and shall befiled with the 26.26 secretary of state. 26.27 Subd. 3. [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A 26.28 declaration of a peacetime emergency shall invokeinvokes the 26.29 necessary portions of the state comprehensiveemergency 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 thereunderunder the plan. 26.33 Sec. 21. Minnesota Statutes 1994, section 12.32, is 26.34 amended to read: 26.35 12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 26.36 AllOrders 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 been27.3 filed in the office of the secretary of state, shallhave, 27.4 during a civil defensenational security or energy supply 27.5 emergency, the full force and effect of law. AllRules 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 beis suspended during the 27.10 period of time and to the extent that such conflictthe 27.11 emergency exists. 27.12 Sec. 22. Minnesota Statutes 1994, section 12.33, is 27.13 amended to read: 27.14 12.33 [ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.] 27.15 Subdivision 1. [AUTHORITY.] WheneverWhen the public 27.16 interest requires it on accountbecause of an imminent 27.17 emergency, the governor may authorize and direct the police, 27.18 firefighting, health, or other force of anya political 27.19 subdivision, hereincalled the sending political subdivision, to 27.20 go to the assistance of another political subdivision, herein27.21 called the receiving political subdivision, and to take and 27.22 use for such purpose suchthe personnel, equipment, and supplies 27.23 of the sending political subdivision as the governor may direct. 27.24 Subd. 2. [EFFECT.] While soengaged in the activities 27.25 described in subdivision 1, the officers and members of such27.26 those forces shallhave 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 beare 27.29 considered to be acting within the scope of and in the course of 27.30 their regular employment, as employees of suchthe sending 27.31 political subdivision. 27.32 Subd. 3. [REIMBURSEMENT BY LOCAL GOVERNMENT RECEIVING 27.33 ASSISTANCE.] The receiving political subdivision shall reimburse 27.34 the sending political subdivision for allthe supplies used and 27.35 the compensation paid to allthe officers and members of the 27.36 forces sofurnished, during such time as the rendition of such28.1 aid prevents them from performing their duties in the sending 28.2 political subdivision, for the actual traveling and maintenance 28.3 expenses of suchthe officers and members while rendering such28.4 aid, and the cost of all insurance covering such officers and28.5 members whileso engaged. AnyA claim for suchloss, damage, 28.6 or expense in use ofusing equipment or supplies or for 28.7 additional expenses incurred in the operation or maintenance28.8 thereof shalloperating or maintaining them must not be allowed 28.9 unless within 90 days after the sameloss, damage, or expense is 28.10 sustained or incurred an itemized notice of such claimit, 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 beis the 28.15 policy of the state to reimburse the sending political 28.16 subdivision for anyloss 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 anyadditional 28.19 expenses incurred in the operation and maintenance thereof28.20 operating and maintaining the equipment outside suchof its 28.21 corporate limits. AnyA claim for suchloss, damage, or expense 28.22 in use ofusing equipment or for additional expenses incurred in 28.23 the operation or maintenance thereof shalloperating or 28.24 maintaining the equipment must not be allowed unless within 90 28.25 days after the sameit is sustained or incurred an itemized 28.26 notice of suchthe 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 defense28.34 national security emergency, the governor, the state director, 28.35 or a member of a class of members of a state or local civil28.36 defenseemergency 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 defenseemergency 29.5 management purposes as directed by any of the persons first29.6 abovedescribed above, and (2) commandeer, during a civil29.7 defensenational security emergency, any motor vehicle, tools, 29.8 appliances, or anyother personal property. 29.9 Subd. 2. [COMPENSATION.] The owner of any property so29.10 commandeered shallproperty must be promptly paid just 29.11 compensation for theits use thereofand all damages done to the 29.12 property while so used for civil defenseemergency management 29.13 purposes. The governor or the governing body of the political 29.14 subdivision concerned, respectively, according to the 29.15 use thereofof the property, shall make a formal order 29.16 determining the amount of suchcompensation. The owner may 29.17 appeal to the district court of the county in which suchthe 29.18 property was commandeered if, within 30 days from the date of 29.19 suchthe order, the owner serves upon the governor or the 29.20 political subdivision concerned and files with the court 29.21 administrator of suchthe 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 suchappeal, the issue 29.24 shall beis 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 thereinwhen necessary to a proper determination of the 29.28 questions involved. The cause shallmust be tried without a 29.29 jury de novo and the court shall determine the damages and the 29.30 person or persons entitled theretoto them. Except as herein 29.31 otherwise provided, the trial shallmust 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.] AnyAn able-bodied person required to 30.1 perform services for civil defenseemergency management who 30.2 refuses, neglects, or otherwise fails to perform the services 30.3 required under subdivision 1 shall beis 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: 30.8 12.35 [ MOBILE SUPPORT UNITS CALLED TO DUTYACTIVATING 30.9 EMERGENCY RESPONSE PERSONNEL.] 30.10 Subdivision 1. [GOVERNOR'S ORDER.] Mobile support units30.11 shall be called to duty upon orders of the governor and shall30.12 perform their functions in any part of the state, or, upon the30.13 conditions specified in this section, in other states.30.14 Subd. 2. [PERSONNEL COMPENSATION,RIGHTS, DUTIES, 30.15 PRIVILEGES.] Emergency response personnel of mobile support30.16 units, while on active duty, whether within or withoutactivated 30.17 by the state, shall: (1) if theyare 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 their30.20 employment; (2) if they are employees of a political30.21 subdivision, and whether serving within or without such30.22 political subdivision, have the powers, duties, rights,30.23 privileges and immunities and receive the compensation30.24 incidental to their employment; and (3) if they are not30.25 employees of the state or a political subdivision thereof,30.26 receive compensation by the state of $5 per day and have the30.27 same rights and immunities as areprovided by law for the 30.28 employees of this state. All personnel of mobile support units30.29 shall, while on duty, be subject to the operational control of30.30 the authority in charge of civil defense activities in the area30.31 in which they are serving, and shall be reimbursed for all30.32 actual and necessary travel and subsistence expenses.30.33 Subd. 3. [LOCAL GOVERNMENT REIMBURSEMENT; EMERGENCY 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 suchthe 31.1 political subdivision while serving as members of a mobile31.2 support unit andthey 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 of31.5 such employees incurredin the course of suchduty, and for all 31.6 losses of or damage to supplies and equipment of suchthe 31.7 political subdivision resulting from the operationoperations of 31.8 such mobile support unitthe emergency response personnel. 31.9 Subd. 3a. [LOCAL GOVERNMENT REIMBURSEMENT; TRAINING.] The 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 mobile31.17 support unitWhen emergency management personnel of another 31.18 state shallrender aid in this stateMinnesota pursuant to the 31.19 orders of the governor of its home state, and upon the request 31.20 of the governor of this stateMinnesota, this state shall 31.21 reimburse suchthe 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 unitthe other 31.24 state while rendering suchaid as emergency management 31.25 personnel, and for(2) all payments for death, disability, or 31.26 injury of suchthose personnel incurred in the course of 31.27 rendering suchthat aid, and for(3) all losses of or damage to 31.28 supplies and equipment of suchthe other state, or a 31.29 governmental subdivision thereofof the other state, resulting 31.30 from the rendering of suchaid; provided, that the laws of such31.31 the other state contain provisions substantially similar to this 31.32 section. 31.33 Subd. 5. No personnel of a mobile support unit of this31.34 state shall be ordered by the governor to operate in any other31.35 state unless the laws of such other state contain provisions31.36 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 defensean emergency ,32.5 is,or disaster and notwithstanding any other provision oflaw, 32.6 empowered tomay: 32.7 (1) enter into contracts and incur obligations necessary to 32.8 combat suchthe 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 suchthe disaster; toand 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 shallmust 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 shallmust 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 suchthe encumbrance 32.31 has been made. 32.32 Sec. 26. Minnesota Statutes 1994, section 12.37, is 32.33 amended to read: 32.34 12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO 32.35 CONTRACTS.] 32.36 During a civil defensean 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, tomay: 33.5 (1) enter into contracts and incur obligations necessary to 33.6 combat suchthe disaster by protecting the health and safety of 33.7 persons and property ,and by providing emergency assistance to 33.8 the victims of suchthe disaster . Each political subdivision is33.9 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: 33.28 12.42 [OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.] 33.29 During a civil defensean emergency or disaster, anya 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 skillthose skills in this state. 33.34 The license, certificate, or other permit of suchthe person, 33.35 while sorendering 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 shallmay be employed or associated in any 34.5 capacity in any civil defensean 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 defenseemergency 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 shallmust 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 anymental 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 defenseemergency 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 state34.34 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 defenseemergency management 35.4 established under the authority of this chapter shall 35.5 participate in any form of political activity, nor shall itbe 35.6 employed directly or indirectly for political purposes, nor 35.7 shall itbe 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, anya person who willfully violates anya provision 35.13 of this chapter or anya 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 shallmust be punished by a 35.16 fine ofnot less than $10 or more than $100to 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 to35.22 authorizeauthorizes 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.