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 chaptershall be known andmay be cited as the 1.17 "Minnesotacivil defenseemergency management act of19511.18 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 toinsure(1) ensure that preparations of this state will be 1.26 adequate to deal withsuchdisasters,and(2) generallyto1.27provide for the common defense and toprotect the public peace, 1.28 health, and safety, andto(3) preserve the lives and property 2.1 of the people of the state,it is hereby found and declared to2.2bethe 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 forcivil 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 providedhereinin this chapter;and2.9 (3) to provide for the rendering of mutual aid among the 2.10 political subdivisions of the stateand, with other states, and 2.11 with Canadian provinces and to cooperate with the federal 2.12 government with respect tothecarrying out ofcivil 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 allcivil 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 situationwhich3.4 that creates animmediate and serious impairmentactual or 3.5 imminent serious threat to the health and safety ofany person3.6 persons, or a situationwhichthat 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 circumstanceswhichthat calls for immediate 3.19 action to prevent a disaster from developing or occurring. 3.20 Subd. 4. [EMERGENCYSERVICES OR CIVIL DEFENSEMANAGEMENT.] 3.21 "Emergencyservices or civil defensemanagement" means the 3.22 preparation for and the carrying out ofallemergency 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 nuclearfission electrical3.27generatingpower plantswhichthat 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, emergencywelfare3.33 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 topreparation4.3 preparing for and carrying outof 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 lifeand/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 EMERGENCYSERVICES4.21 MANAGEMENT.] "Local organization for emergencyservices4.22 management" means an organization created in accordance withthe4.23provisions ofthis chapter by the state or a political 4.24 subdivision to perform local emergencyservicesmanagement 4.25 functions. 4.26Subd. 7. [MOBILE SUPPORT UNIT.] "Mobile support unit"4.27means an organization for emergency services created in4.28accordance with the provisions of this chapter by the state or a4.29political subdivision to be dispatched by the governor to4.30supplement local organizations for emergency services in a4.31stricken 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 emergencyservicesmanagement 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 governmentwillmay 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. 5.20Subd. 2. [POWERS TRANSFERRED TO COMMISSIONER.] All of the5.21functions, powers, and duties of the state director of the5.22division of emergency management as described in this chapter,5.23are hereby transferred to and imposed upon the commissioner of5.24public safety, who shall be assigned to the duties and5.25responsibilities 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 of7.6the state governmentA division of emergency management is 7.7 established within the department of public safety, which shall7.8beunder the supervision and control of the governor and a state 7.9 director of emergencyservices, hereinafter called the "state7.10directormanagement."Thestate director shall be appointed by7.11thecommissioner of public safetyandshall 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) employsuchtechnical, clerical,stenographicand other 7.16 personnel; and 7.17 (2) with the approval of the governormay, makesuch7.18 expenditures within the appropriationtherefor,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 7.21civil defense as may be necessary to carry out the purposes of7.22this chapteremergency management. 7.23SuchDivision personnel, except the director of 7.24 emergencyservices shallmanagement, must be in the classified 7.25 service of the state civil service.Such personnel except the7.26director of civil defense holding offices or employment in the7.27unclassified service on December 31, 1956, and continuously7.28thereafter and until the effective date of this subdivision7.29shall be given a qualifying examination as herein provided. The7.30director of civil service, subject to the rules of the civil7.31service board, shall on or before January 1, 1958, prepare and7.32give once to all such incumbents of positions in the civil7.33defense agency whose positions are in the classified service a7.34qualifying examination which shall be noncompetitive, practical7.35and involve only the duties of the position they occupied on7.36December 31, 1956, or the position they occupy on the effective8.1date of this subdivision, or the position they occupy on the8.2date said examination is given, whichever examination the8.3officer or employee may elect to take. If such aforementioned8.4incumbents are found by such qualifying examination to have such8.5ability and capacity as to enable them to perform the duties of8.6the position for which they were examined in a reasonably8.7efficient manner, they shall be given a civil service status8.8subject to the provisions of section 43A.16. Any of the8.9aforementioned incumbents required by this subdivision to take a8.10qualifying examination who fail to pass the examination, shall8.11be removed from the position at the expiration of 60 days8.12following receipt of notice of failure to pass the examination.8.13Any person who willfully fails or refuses to take the8.14examination when offered, without reasonable excuse, shall be8.15removed from the position immediately. No person required by8.16this subdivision to take a qualifying examination shall be laid8.17off, suspended, discharged or reduced in pay or position except8.18in accordance with the provisions of law applicable to the8.19members of the classified civil service having a civil service8.20status, until the person has completed such qualifying8.21examination and is notified of the result thereof, or unless the8.22person refuses to take such qualifying examination. In the8.23event of necessary reductions in employment in any class or8.24position, officers or employees who have not acquired a8.25permanent civil service status shall be laid off in accordance8.26with 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 managementshallmust be provided with appropriateoffice space,8.30furniture, equipment, supplies, stationery and8.31printingfacilities 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 RESPONSEPLAN8.36 PLANNING.] 9.1 Subdivision 1. [PLAN DEVELOPMENT.] The state director, in 9.2 cooperation with the commissioner of health and affectedlocal9.3units of governmentpolitical subdivisions, shall develop the 9.4 state and local portions of the emergencyresponseoperations 9.5 plans specified in the licensing of each nuclearfission9.6electrical generatingpower plant located in Minnesota. 9.7 Subd. 2. [NEED ASSESSMENT; PROGRAM DEVELOPMENT.] In 9.8 addition toanyrequirements 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 anddevelop acarry out nuclear power plant emergencyresponse9.12plan which shall includeoperations planning including, butis9.13 not limited to: 9.14 (1)purchase ofpurchasing equipment for the state and 9.15local 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 emergencyresponse planoperations planning 9.21 information system for areas surrounding each nuclearfission9.22electrical generatingplant; 9.23 (3) trainingofstate and local emergency response 9.24 personnel; 9.25 (4)development ofdeveloping accident scenarios and 9.26 exercises for nuclear emergencyresponseoperations plans; and 9.27 (5)provision of anyproviding other specialized response 9.28 equipment necessaryto fulfill the plan. 9.29 Subd. 3. [ASSISTANCE.] The director shall provideany9.30 necessary assistance to other state agencies andlocal units of9.31government 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.] 9.36AnyA person, firm, corporation, or associationin the 10.1 business of owning or operating a nuclearfission electrical10.2generatingpower 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 responseplans and otherprograms 10.5 necessary to deal with incidents resulting fromthe operation of10.6nuclear fission electrical generating plantseither facility. 10.7 An assessment of up to one quarter of the projected annual cost 10.8shallmust be paid to thecommissioner of public safetystate 10.9 director on July 1 of each year. An assessmentshallmust be 10.10 billed by thecommissionerstate 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 assessmentshallmust 10.13 be deducted from the final quarterly billing for the fiscal 10.14 year. The assessment collectedshallmust 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 emergencyservices and has the10.22power and duty tomanagement, (2) may carry out the provisions 10.23 of this chapter, and,(3) during acivil 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 ofanyan 10.27 emergency resulting from an incident at a nuclearfission10.28electrical generatingpower plantwhichthat 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 emergencyservicesmanagement functions within this state. 10.32 Subd. 2. [COOPERATION.] In performing duties under this 10.33 chapter, the governoris 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 10.36civil 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 11.4is 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 conferredhereinby 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 ruleshall havehas theforce11.11andeffect 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 forthe civil11.14defense ofthis state are developed and maintained,such plan11.15and program to beand are integrated into and coordinated with 11.16 thecivil defenseemergency plans of the federal government and 11.17 of other states to the fullest possible extent, and to11.18coordinate the preparation of plans and programs for civil11.19defense by the political subdivisions of this state, such plans11.20to be integrated into and coordinated with the civil defense11.21plan and program of this state to the fullest possible extent; 11.22 (3) in accordance withsuch plan and program for the civil11.23defensethe 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, andtotake all other preparatory steps, including the 11.27 partial or fullmobilizationactivation ofcivil defense11.28 emergency management organizations in advance of actual 11.29 disaster,toinsureensure the furnishing of adequately trained 11.30 and equipped forces ofcivil defenseemergency management 11.31 personnel in time of need; 11.32 (4)tomakesuchstudies 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 forcivil defense,11.35 emergency management and to plan for the most efficient 11.36 emergency usethereofof 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, andtocoordinate mutual aid plans 12.5 between political subdivisions of this state; 12.6 (6)todelegateanyadministrative authority vested in the 12.7 governor under this chapter, except the power to make rules,to12.8 and provide for the subdelegation ofany suchthat authority; 12.9 (7)to appoint, in cooperation with local authorities,12.10metropolitan area directors when practicable;12.11(8) tocooperate with the president and the heads of the 12.12 armed forces, thecivil 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 thecivil 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 defense12.19forces, and other testsand exercises; 12.20(b)(ii) warnings and signals for drills orattacksactual 12.21 emergencies and the mechanical devices to be used in connection 12.22therewithwith them; 12.23(c) the effective screening or extinguishing of all lights12.24and 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 ofcivilianspersons 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 orattackactual emergencies; 12.32(f)(v) public meetings or gatherings; and 12.33(g)(vi) the evacuation, reception, and sheltering ofthe12.34civilian populationpersons; 12.35(9) to(8) contribute to a political subdivision, within 12.36 the limits of the appropriationthereforfor that purpose, not 13.1 more than 25 percent of the cost of acquiring organizational 13.2 equipmentwhichthat 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 13.10civil defenseemergency management purposes, andtocoordinate 13.11 the activities of the departments or agencies of the state and 13.12of theits political subdivisionsthereofconcerned directly or 13.13 indirectly with public highways and streets, in a mannerwhich13.14 that will best effectuatesuchthose 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, conforminganythe 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, shallpropose procedures forensure 13.29 the conduct of an annual review by state and local officials of 13.30 the state emergencyresponseoperations plan specified in the 13.31 licensing of each nuclearfission electrical generatingpower 13.32 plant. The reviewshallmust include, but is notbelimited 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 emergencyresponseoperations planshallmust 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,andshall 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, oranyan agency or officerthereof shall offerof 14.10 the federal government, offers to the state, or through the 14.11 state to any political subdivisionthereofof the state, 14.12 services, equipment, supplies, materials, or funds by way of 14.13 gift, grant or loan, for the purposes ofcivil defenseemergency 14.14 management, the state, acting through the governor, orsuchthe 14.15 political subdivision, acting with the consent of the governor 14.16 and through its governing body, may acceptsuchthe offer and 14.17upon such acceptance the governor of the state or governing body14.18of such political subdivisionthen may authorizeanyan officer 14.19 of the state or of the political subdivision, as the case may 14.20 be, to receivesuchthe services, equipment, supplies, 14.21 materials, or funds on behalf of the state orsuchthe 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 fundsshallmay be accepted or received as a loan 14.25 norshallany indebtednessbeincurred exceptin the manner and14.26under the limitations otherwiseas provided by law. 14.27 Subd. 2. [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 14.28 PERSONS.] Wheneveranya person, firm or corporation shall offer14.29 offers to the state or toanya political subdivisionthereof14.30 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 civildefenseemergency management, the state, 14.33 acting through the governor, orsucha political subdivision, 14.34 acting through its governing body, may acceptsuchthe offer and 14.35upon such acceptance the governor of the state or the governing14.36body of such political subdivisionthen may authorizeanyan 15.1 officer of the state or of the political subdivision, as the 15.2 case may be, to receivesuchthe services, equipment, supplies, 15.3 materials, real property, or funds on behalf of the state 15.4 orsuchpolitical subdivision, and subject to the terms of the 15.5 offer, but. However, nomoneysmoney or other funds 15.6shallmay be accepted or received as a loan norshallany 15.7 indebtednessbeincurred exceptin the manner and under the15.8limitations otherwiseas provided by law. Real property so 15.9 acceptedshallmust be treated as, and subject to the same 15.10 immunities during time ofcivil 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 15.18shall have authority tomay establish rules in accordance with 15.19 the law for the proper and efficient operation and 15.20 administration of thecivil 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 localcivil 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 withsuchthose methods. 15.27 (b) The governor may, by rule, cooperate with the federal 15.28 governmentin any mannerasmay 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 managementis authorized tomay enter into 16.2 an agreement with the federaldisaster 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 federal16.8money for natural disaster assistance. Federal money received16.9is appropriated to the commissioner, who shall report its16.10expenditure to the chairs of the house of representatives ways16.11and means committee and the senate finance committee.16.12 Subd. 2. [FEDERAL ASSISTANCE FOR PROGRAM.] Under the 16.13 agreement, the federaldisaster 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 stateare 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 subdivisionsthereofof the state to the maximum extent 17.12 practicable, and. The officers and personnel ofall suchthe 17.13 departments, offices, and agenciesare directed toshall 17.14 cooperate with and extendsuchservices and facilities to the 17.15 governor and to thecivil 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.] Thegovernor or a duly17.21designated representative is authorized tostate director may 17.22 create and establish such number ofmobile support units17.23 regional disaster offices as may be necessary toreinforce civil17.24defense 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. Thegovernordirector shall 17.28appoint 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 ofsuch unit17.31 the office. 17.32 Subd. 2. [PERSONNEL TRAINING, EXPENSES.]WhereWhen the 17.33governor 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 otherpersonindividual, 17.36 whether or not thatpersonindividual is a state employee, to 18.1anya school, training or indoctrination program, or place for 18.2 training or indoctrination in matter legitimately connected with 18.3civil defenseemergency management, orwhere the governor deems18.4it necessary to send(2) anypersonindividual, whether or not a 18.5 state employee, to any place in this or another state for any 18.6 purpose connected withcivil defenseemergency management, 18.7 thegovernorstate director may authorize the payment of travel 18.8 expenses and reasonable subsistence for the periodof time18.9during whichthat thepersonemployee or other individual is 18.10 required to remain at the place. These paymentsshallmust be 18.11 made from money appropriated to the department. Uponthe18.12 certification by thegovernor or a duly authorized18.13representativestate director of the purpose and amount ofany18.14suchthe 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 tothe provisions ofsection 43A.18. 18.18 Thegovernorstate director may devise and formulate a 18.19 procedure for the processing and certification of travel and 18.20 subsistence expenseswhichthat allows thepersonemployee 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 subdivisionof this stateshall establish a local organization 18.28for civil defensefor emergency management in accordance with 18.29 the statecivil defense plan and programemergency management 18.30 program, but no town shall establish a local organization 18.31 forcivil defenseemergency management without approval of the 18.32 state director. Each local organization forcivil defense shall18.33 emergency management must have a directorwho shall beappointed 18.34 forthwith: in a city by the mayorthereof, 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 bodywho19.1shall have direct responsibility. The local director is 19.2 directly responsible for the organization, administration, and 19.3 operation ofsuchthe local organization forcivil defense19.4 emergency management, subject to the direction and control 19.5 ofsuchthe local governing body. 19.6 Subd. 2. [COUNTY DIRECTOR, RESPONSIBILITY.] (a) Each 19.7 countycivil defenseemergency management organization 19.8shallmust have a director and one or more deputy directors. 19.9 Theyshallmust be appointed by the county board. 19.10 (b) A county organization forcivil defense shall19.11haveemergency management has jurisdiction throughout the county 19.12 outside ofanya city or of a townwhichthat has a local 19.13civil 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 ofcivil defenseemergency management organizations of 19.18 political subdivisionswithinthroughout the county,; 19.19 (2) plan for thecontinuityemergency operations of county 19.20 government in cooperation with the county attorney, whois19.21authorized 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 connectiontherewith,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 forcivil defenseemergency 19.30 management shall performcivil 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 conductsuchthese functions outside ofsuchits 19.34 territorial limits as may be required pursuant tothe provisions19.35ofsections 12.23, 12.27, and 12.32 or any other 19.36 applicableprovisions oflaw. 20.1 Subd. 5. [CONTIGUOUS SUBDIVISIONS,COMMON ORGANIZATION 20.2 AGREEMENTS.] With approval of thegovernorstate director, two 20.3 or more political subdivisionswhich are contiguous for civil20.4defense purposesmay enter into agreements determining the 20.5 boundaries of the geographic areas of their respectivecivil20.6defenseemergency management responsibilities or providing for a 20.7 commoncivil defenseemergency management organization, which,20.8 for the purposes of this chapter, shallmust be a localcivil20.9defenseemergency management organization. 20.10 Sec. 15. Minnesota Statutes 1994, section 12.26, is 20.11 amended to read: 20.12 12.26 [LOCALGOVERNMENTS;GOVERNMENTAL SUBDIVISIONS, 20.13 APPROPRIATIONS, TAXATION.] 20.14 Subdivision 1. [APPROPRIATION FOR EXPENSES.] Each 20.15 political subdivisionshall have the power tomay make 20.16 appropriations in the manner provided by law for making 20.17 appropriations for the ordinary expenses ofsuchthe political 20.18 subdivision for the payment of expenses of its local 20.19 organizations forcivil 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 forcivil defensethe emergency 20.23 management purposes authorized by this chapter, a political 20.24 subdivisionis empowered tomay levya 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 allchartertaxing limitations insuchan amount as may be 20.28 necessary to paysuchexpenditures incurred for emergency 20.29 management purposes. 20.30 Subd. 3. [POWER TO TAX, ORGANIZATIONAL EQUIPMENT.] (a) To 20.31 providemoneys for themoney to purchaseoforganizational 20.32 equipmentwhichthat is to be paid for in part by the federal 20.33 government, a political subdivisionis 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, insuchan amount as may be necessary to pay its 21.2 share of the cost ofsuchthe organizational equipment, provided 21.3 that the governor has approved the purchasethereof. 21.4 (b) Each political subdivisionwhichthat has initiated the 21.5 purchase of organizational equipmentshall 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 levieshereinauthorized 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 andcivil 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 forcivil 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 21.30whichthat has a localcivil 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 Minneapolisshall 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 forcivil 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 reciprocalcivil defense22.10 emergency management aid and assistance in an emergency or 22.11 disaster too great to be dealt with unassisted.SuchThese 22.12 arrangementsshallmust be consistent with thestate civil22.13defenselocal emergency operations planand program,and, in 22.14 time of emergencyit shall be the duty of, each local 22.15 organization forcivil defenseemergency management andtheits 22.16 membersthereof toshall render assistance in accordance with 22.17 the provisions ofsuchthe 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 forcivil defenseemergency management may, subject to the 22.21 approval of the governor, enter into mutual aid arrangements 22.22 withcivil defenseemergency management agencies or 22.23 organizations in other states for reciprocalcivil 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 bodyor town boardof a political 22.35 subdivisionmay by resolution provide that an officer or22.36designee of theshall designate a city administrator or manager, 23.1 public safety director, police chief, fire chief, public works 23.2 director, or other officermaywho, exercising discretion and 23.3 considering the needs of the political subdivision and its 23.4 inhabitants, may dispatch equipment and personnel asdeemed23.5 considered necessary ifthere 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 combatthe 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.] 23.32It shall be the duty ofEvery organization forcivil23.33defenseemergency management established pursuant to this 23.34 chapter andof theits officersthereof toshall execute and 23.35 enforcesuchorders and rules as may be made by the governor 23.36 under authority of this chapter or section 216C.15. Eachsuch24.1 organizationshallmust 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. Itshallmay not be continued for a period in 24.11 excess of three days except by or with the consent of the 24.12 governingboardbody of the political subdivision. Any order,24.13 or proclamation declaring, continuing, or terminating a local 24.14 emergencyshallmust be given prompt and general publicity 24.15 andshall befiled promptly by the chief of the localrecords24.16keepingrecordkeeping agency of the political subdivision. 24.17 Subd. 2. [EFFECT OF DECLARATION OF EMERGENCY.] A 24.18 declaration of a local emergencyshall 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 assistancethereunderunder 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, andto25.4 receive and disburse the proceeds ofanythe approved loan to 25.5anythe applicant political subdivision. 25.6 (b)ToThe governor may determine the amount needed by 25.7anyan applicant political subdivision to restore or resume its 25.8 governmental functions, andtocertifythe samethat amount to 25.9 the federal government. No application amountshallmay 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 OFENEMY ATTACKNATIONAL 25.24 SECURITY EMERGENCY.]In the eventWhen information from the 25.25 president of the United Statesor of, the federal emergency 25.26 management agencyor, the department of defense, orthroughthe 25.27 nationalairwarning system indicates the imminence ofan actual25.28enemy 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 acivil 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 declaringsuch anthe emergency issues a call convening 26.2 immediately both houses of the legislature, the governorshall26.3have andmay exercise for a period not to exceed 30 days 26.4 theemergencypowers and duties conferred and imposed by 26.5 sections 12.31 to 12.37, and the political subdivision shall26.6have and may exercise for such period of not to exceed 30 days26.7the powers and duties conferred and imposed upon them by26.8sections 12.31 to 12.37. The lapse ofsuchthese emergency 26.9 powersshalldoes not, as regards any actor actsoccurring or 26.10 committed withinsaidthe 30-day period, deprive any 26.11 person,firm, corporation,political subdivision, municipal 26.12 corporation, or body politic of any rightor rightsto 26.13 compensation or reimbursementwhichthat it may have underthe26.14provisions 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 accidentor, 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. Itshallmust not be continued fora 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 emergencyshallmust be given 26.25 prompt and general publicity andshall 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 emergencyshall invokeinvokes the 26.29 necessary portions of the statecomprehensiveemergency 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 assistancethereunderunder 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.] 26.36AllOrders 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 anda copy thereof has been27.3 filed in the office of the secretary of state,shallhave, 27.4 during acivil 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 thatsuch 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 iton accountbecause of an imminent 27.17 emergency, the governor may authorize and direct the police, 27.18 firefighting, health, or other force ofanya 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 usefor such purpose suchthe personnel, equipment, and supplies 27.23 of the sending political subdivision as the governor may direct. 27.24 Subd. 2. [EFFECT.] Whilesoengaged in the activities 27.25 described in subdivision 1, the officers and members ofsuch27.26 those forcesshallhave the same powers, duties, rights, 27.27 privileges, and immunities as if they were performing like 27.28 service in the sending political subdivision andshall beare 27.29 considered to be acting within the scope of and in the course of 27.30 their regular employment, as employees ofsuchthe 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 forallthe supplies used and 27.35 the compensation paid toallthe officers and members of the 27.36 forcessofurnished, during such time as the rendition ofsuch28.1 aid prevents them from performing their duties in the sending 28.2 political subdivision, for the actual traveling and maintenance 28.3 expenses ofsuchthe officers and members whilerendering such28.4aid, and the cost of all insurance covering such officers and28.5members whileso engaged.AnyA claim forsuchloss, damage, 28.6 or expense inuse ofusing equipment or supplies or for 28.7 additional expenses incurred inthe operation or maintenance28.8thereof shalloperating or maintaining them must not be allowed 28.9 unless within 90 days after thesameloss, damage, or expense is 28.10 sustained or incurred an itemized notice ofsuch 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.] Itshall beis the 28.15 policy of the state to reimburse the sending political 28.16 subdivision foranyloss 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 foranyadditional 28.19 expenses incurred inthe operation and maintenance thereof28.20 operating and maintaining the equipment outsidesuchof its 28.21 corporate limits.AnyA claim forsuchloss, damage, or expense 28.22 inuse ofusing equipment or for additional expenses incurred in 28.23 theoperation or maintenance thereof shalloperating or 28.24 maintaining the equipment must not be allowed unless within 90 28.25 days afterthe sameit is sustained or incurred an itemized 28.26 notice ofsuchthe 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 acivil defense28.34 national security emergency, the governor, the state director, 28.35 or a member of a class of members of a state or localcivil28.36defenseemergency 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 forcivil defenseemergency 29.5 management purposes as directed by any of the personsfirst29.6abovedescribed above, and (2) commandeer, during acivil29.7defensenational security emergency, any motor vehicle, tools, 29.8 appliances, oranyother personal property. 29.9 Subd. 2. [COMPENSATION.] The owner ofany property so29.10 commandeeredshallproperty must be promptly paid just 29.11 compensation fortheits usethereofand all damages done to the 29.12 property while so used forcivil defenseemergency management 29.13 purposes. The governor or the governing body of the political 29.14 subdivision concerned, respectively, according to the 29.15 usethereofof the property, shall make a formal order 29.16 determining the amount ofsuchcompensation. The owner may 29.17 appeal to the district court of the county in whichsuchthe 29.18 property was commandeered if, within 30 days from the date of 29.19suchthe order, the owner serves upon the governor or the 29.20 political subdivision concerned and files with the court 29.21 administrator ofsuchthe 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. Uponsuchappeal, the issue 29.24shall 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 pleadthereinwhen necessary to a proper determination of the 29.28 questions involved. The causeshallmust be tried without a 29.29 jury de novo and the court shall determine the damages and the 29.30 person or persons entitledtheretoto them. Except as herein 29.31 otherwise provided, the trialshallmust 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 forcivil defenseemergency management who 30.2 refuses, neglects, or otherwise fails to perform the services 30.3 required under subdivision 1shall 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.] 30.10Subdivision 1. [GOVERNOR'S ORDER.] Mobile support units30.11shall be called to duty upon orders of the governor and shall30.12perform their functions in any part of the state, or, upon the30.13conditions specified in this section, in other states.30.14 Subd. 2. [PERSONNELCOMPENSATION,RIGHTS, DUTIES, 30.15 PRIVILEGES.] Emergency response personnelof mobile support30.16units, whileon active duty, whether within or withoutactivated 30.17 by the state,shall: (1) if theyare considered state employees 30.18of the state,and have the powers, duties, rights, privileges, 30.19 and immunitiesand receive the compensation incidental to their30.20employment; (2) if they are employees of a political30.21subdivision, and whether serving within or without such30.22political subdivision, have the powers, duties, rights,30.23privileges and immunities and receive the compensation30.24incidental to their employment; and (3) if they are not30.25employees of the state or a political subdivision thereof,30.26receive compensation by the state of $5 per day and have the30.27same rights and immunities as areprovided by law for the 30.28 employees of this state.All personnel of mobile support units30.29shall, while on duty, be subject to the operational control of30.30the authority in charge of civil defense activities in the area30.31in which they are serving, and shall be reimbursed for all30.32actual 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 ofsuchthe 31.1 political subdivision whileserving as members of a mobile31.2support 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 injuryof31.5such employees incurredin the course ofsuchduty, and for all 31.6 losses of or damage to supplies and equipment ofsuchthe 31.7 political subdivision resulting from theoperationoperations of 31.8such 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 mobile31.17support unitWhen emergency management personnel of another 31.18 stateshallrender aid inthis stateMinnesota pursuant to the 31.19 orders of the governor of its home state, and upon the request 31.20 of the governor ofthis stateMinnesota, this state shall 31.21 reimbursesuchthe other state for (1) the compensation paid and 31.22 actual and necessary travel, subsistence, and maintenance 31.23 expenses of the personnel ofsuch mobile support unitthe other 31.24 state while renderingsuchaid as emergency management 31.25 personnel,and for(2) all payments for death, disability, or 31.26 injury ofsuchthose personnel incurred in the course of 31.27 renderingsuchthat aid, andfor(3) all losses of or damage to 31.28 supplies and equipment ofsuchthe other state, or a 31.29 governmental subdivisionthereofof the other state, resulting 31.30 from the rendering ofsuchaid; provided, that the laws ofsuch31.31 the other state contain provisions substantially similar to this 31.32 section. 31.33Subd. 5. No personnel of a mobile support unit of this31.34state shall be ordered by the governor to operate in any other31.35state unless the laws of such other state contain provisions31.36substantially 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, duringa civil defensean emergency,32.5is,or disaster and notwithstanding any otherprovision oflaw, 32.6empowered tomay: 32.7 (1) enter into contracts and incur obligations necessary to 32.8 combatsuchthe 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 ofsuchthe 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 contractsshallmust 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, andshallmust 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 thatsuchthe 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 Duringa civil defensean emergency or disaster, each 33.1 political subdivisionis, 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 combatsuchthe disaster by protecting the health and safety of 33.7 persons and property,and by providing emergency assistance to 33.8 the victims ofsuchthe disaster. Each political subdivision is33.9authorized 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 Duringa 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 involvingsuch skillthose skills in this state. 33.34 The license, certificate, or other permit ofsuchthe person, 33.35 whilesorendering aidshall 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 personshallmay be employed or associated in any 34.5 capacity inany 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 forcivil 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 whichoath 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, withoutanymental 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 ofcivil 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." 34.33This oath may be administered by any officer of the state34.34division of emergency management, local civil defense director,34.35or 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 forcivil defenseemergency management 35.4 established under the authority of this chapter shall 35.5 participate in any form of political activity, norshall itbe 35.6 employed directly or indirectly for political purposes, nor 35.7shall 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 violatesanya provision 35.13 of this chapter oranya 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 convictionshallmust be punished by a 35.16 fineofnotless 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 chaptershall be construed to35.22authorizeauthorizes 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.