SF 3192

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; providing for agriculture 
  1.3             and pollution control, terrorist activity prevention, 
  1.4             response, and investigation policies; appropriating 
  1.5             money for antiterrorism initiatives; amending 
  1.6             Minnesota Statutes 2000, sections 12.03, subdivision 
  1.7             4; 12.21, subdivisions 1, 3; 12.22, subdivision 2; 
  1.8             12.31, subdivision 2; 12.32; 12.34, subdivision 1; 
  1.9             12.36; 31.05, subdivision 1, by adding a subdivision; 
  1.10            Minnesota Statutes 2001 Supplement, sections 28A.085, 
  1.11            subdivision 4; 35.0661, subdivision 2; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 18D; 
  1.13            repealing Minnesota Statutes 2001 Supplement, section 
  1.14            35.0661, subdivision 4. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 12.03, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [EMERGENCY MANAGEMENT.] "Emergency management" 
  1.19  means the preparation for and the carrying out of emergency 
  1.20  functions, other than functions for which military forces are 
  1.21  primarily responsible, to prevent, minimize and repair injury 
  1.22  and damage resulting from disasters, from acute shortages of 
  1.23  energy, or from incidents occurring at nuclear power plants that 
  1.24  pose radiological or other health hazards.  These functions 
  1.25  include, without limitation, firefighting services, police 
  1.26  services, medical and health services, rescue, engineering, 
  1.27  warning services, communications, radiological, chemical and 
  1.28  other special weapons defense, evacuation of persons from 
  1.29  stricken areas, emergency human services, emergency 
  1.30  transportation, existing or properly assigned functions of plant 
  2.1   protection, temporary restoration of public utility services, 
  2.2   implementation of energy supply emergency conservation and 
  2.3   allocation measures, emergency waste and debris management and 
  2.4   disposal, and other functions related to civilian protection, 
  2.5   together with all other activities necessary or incidental to 
  2.6   preparing for and carrying out these functions. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 12.21, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
  2.10  general direction and control of emergency management, (2) may 
  2.11  carry out the provisions of this chapter, and (3) during a 
  2.12  national security emergency or peacetime emergency declared as 
  2.13  existing under section 12.31, during the existence of an energy 
  2.14  supply emergency as declared under section 216C.15, or during 
  2.15  the existence of an emergency resulting from an incident at a 
  2.16  nuclear power plant that poses a radiological or other health 
  2.17  hazard, may assume direct operational control over all or any 
  2.18  part of the emergency management functions within this state.  
  2.19     Sec. 3.  Minnesota Statutes 2000, section 12.21, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [SPECIFIC AUTHORITY.] (a) In performing duties 
  2.22  under this chapter and to effect its policy and purpose, the 
  2.23  governor may: 
  2.24     (1) make, amend, and rescind the necessary orders and rules 
  2.25  to carry out the provisions of this chapter and section 216C.15 
  2.26  within the limits of the authority conferred by this section, 
  2.27  with due consideration of the plans of the federal government 
  2.28  and without complying with sections 14.001 to 14.69, but no 
  2.29  order or rule has the effect of law except as provided by 
  2.30  section 12.32; 
  2.31     (2) ensure that a comprehensive emergency operations plan 
  2.32  and emergency management program for this state are developed 
  2.33  and maintained, and are integrated into and coordinated with the 
  2.34  emergency plans of the federal government and of other states to 
  2.35  the fullest possible extent; 
  2.36     (3) in accordance with the emergency operations plan and 
  3.1   the emergency management program of this state, procure supplies 
  3.2   and equipment, institute training programs and public 
  3.3   information programs, and take all other preparatory steps, 
  3.4   including the partial or full activation of emergency management 
  3.5   organizations in advance of actual disaster to ensure the 
  3.6   furnishing of adequately trained and equipped forces of 
  3.7   emergency management personnel in time of need; 
  3.8      (4) make studies and surveys of the industries, resources, 
  3.9   and facilities in this state as may be necessary to ascertain 
  3.10  the capabilities of the state for emergency management and to 
  3.11  plan for the most efficient emergency use of those industries, 
  3.12  resources, and facilities; 
  3.13     (5) on behalf of this state, enter into mutual aid 
  3.14  arrangements or cooperative agreements with other states and 
  3.15  with Canadian provinces, and coordinate mutual aid plans between 
  3.16  political subdivisions of this state; 
  3.17     (6) delegate administrative authority vested in the 
  3.18  governor under this chapter, except the power to make rules, and 
  3.19  provide for the subdelegation of that authority; 
  3.20     (7) cooperate with the president and the heads of the armed 
  3.21  forces, the emergency management agency of the United States and 
  3.22  other appropriate federal officers and agencies, and with the 
  3.23  officers and agencies of other states in matters pertaining to 
  3.24  the emergency management of the state and nation, including the 
  3.25  direction or control of: 
  3.26     (i) emergency preparedness drills and exercises; 
  3.27     (ii) warnings and signals for drills or actual emergencies 
  3.28  and the mechanical devices to be used in connection with them; 
  3.29     (iii) shutting off water mains, gas mains, electric power 
  3.30  connections and the suspension of all other utility services; 
  3.31     (iv) the conduct of persons in the state and the movement 
  3.32  and cessation of movement of pedestrians and vehicular traffic 
  3.33  during, prior, and subsequent to drills or actual emergencies; 
  3.34     (v) public meetings or gatherings; and 
  3.35     (vi) the evacuation, reception, and sheltering of persons; 
  3.36     (8) contribute to a political subdivision, within the 
  4.1   limits of the appropriation for that purpose, not more than 25 
  4.2   percent of the cost of acquiring organizational equipment that 
  4.3   meets standards established by the governor; 
  4.4      (9) formulate and execute, with the approval of the 
  4.5   executive council, plans and rules for the control of traffic in 
  4.6   order to provide for the rapid and safe movement over public 
  4.7   highways and streets of troops, vehicles of a military nature, 
  4.8   materials for national defense and war or for use in any war 
  4.9   industry, for the conservation of critical materials, or for 
  4.10  emergency management purposes, and coordinate the activities of 
  4.11  the departments or agencies of the state and its political 
  4.12  subdivisions concerned directly or indirectly with public 
  4.13  highways and streets, in a manner that will best effectuate 
  4.14  those plans; 
  4.15     (10) alter or adjust by executive order, without complying 
  4.16  with sections 14.01 to 14.69, the working hours, work days and 
  4.17  work week of, and annual and sick leave provisions and payroll 
  4.18  laws regarding all state employees in the executive branch as 
  4.19  the governor deems necessary to minimize the impact of the 
  4.20  disaster or emergency, conforming the alterations or adjustments 
  4.21  to existing state laws, rules, and collective bargaining 
  4.22  agreements to the extent practicable; 
  4.23     (11) authorize the commissioner of children, families, and 
  4.24  learning to alter school schedules, curtail school activities, 
  4.25  or order schools closed without affecting state aid to schools, 
  4.26  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  4.27  and including charter schools under section 124D.10, and 
  4.28  elementary schools enrolling prekindergarten pupils in district 
  4.29  programs.; and 
  4.30     (12) authorize the commissioner of the pollution control 
  4.31  agency to provide an exemption for the management and disposal 
  4.32  of debris and waste from specific requirements in statutes, 
  4.33  rules, permits, and agreements that are enforced by the 
  4.34  pollution control agency, including if needed, disposal of waste 
  4.35  at a temporary site until safe permanent disposal can be made.  
  4.36     (b) In implementing the authority in paragraph (a), clause 
  5.1   (12), the commissioner shall minimize the impact on human health 
  5.2   and the environment as much as practicable, given the need for 
  5.3   expedited management of the waste.  An exemption granted under 
  5.4   paragraph (a), clause (12), must be valid for the duration of 
  5.5   the declared emergency and for up to 90 days following the 
  5.6   governor's closure of the emergency.  If proper management or 
  5.7   disposal of waste materials and debris cannot be completed 
  5.8   within this 90-day period, the commissioner may extend the 
  5.9   exemption for additional 90-day periods as needed to achieve 
  5.10  proper management or disposal.  Notification of an exemption 
  5.11  granted under paragraph (a), clause (12), and each extension 
  5.12  must be made to the governor and to the chairs of the senate and 
  5.13  house of representatives committees with jurisdiction over 
  5.14  environmental policy. 
  5.15     Sec. 4.  Minnesota Statutes 2000, section 12.22, 
  5.16  subdivision 2, is amended to read: 
  5.17     Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
  5.18  PERSONS.] Whenever a person offers to the state or to a 
  5.19  political subdivision of the state, services, equipment, 
  5.20  supplies, materials, real property, or funds by the way of gift, 
  5.21  grant, or loan, for purposes of civil emergency management, the 
  5.22  state, acting through the governor, or a political subdivision, 
  5.23  acting through its governing body, may accept the offer and then 
  5.24  may authorize an officer of the state or of the political 
  5.25  subdivision, as the case may be, to receive the services, 
  5.26  equipment, supplies, materials, real property, or funds on 
  5.27  behalf of the state or political subdivision, and subject to the 
  5.28  terms of the offer.  However, no money or other funds may be 
  5.29  accepted or received as a loan nor any indebtedness incurred 
  5.30  except as provided by law.  Real property so accepted must be 
  5.31  treated as, and subject to the same immunities during time of 
  5.32  national security or peacetime emergency as, real property owned 
  5.33  by the state. 
  5.34     Sec. 5.  Minnesota Statutes 2000, section 12.31, 
  5.35  subdivision 2, is amended to read: 
  5.36     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
  6.1   governor may declare a peacetime emergency.  A peacetime 
  6.2   declaration of emergency may be declared only when an act of 
  6.3   nature, a technological failure or malfunction, a terrorist 
  6.4   incident, an industrial accident, a hazardous materials 
  6.5   accident, or a civil disturbance endangers life and, property, 
  6.6   or the environment and local government resources are inadequate 
  6.7   to handle the situation.  It must not be continued for more than 
  6.8   five days unless extended by resolution of the executive council 
  6.9   up to 30 days.  An order, or proclamation declaring, continuing, 
  6.10  or terminating an emergency must be given prompt and general 
  6.11  publicity and filed with the secretary of state.  
  6.12     Sec. 6.  Minnesota Statutes 2000, section 12.32, is amended 
  6.13  to read: 
  6.14     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  6.15     Orders and rules promulgated by the governor under 
  6.16  authority of section 12.21, subdivision 3, clause (1), when 
  6.17  approved by the executive council and filed in the office of the 
  6.18  secretary of state, have, during a national security emergency, 
  6.19  peacetime emergency, or energy supply emergency, the full force 
  6.20  and effect of law.  Rules and ordinances of any agency or 
  6.21  political subdivision of the state inconsistent with the 
  6.22  provisions of this chapter or with any order or rule having the 
  6.23  force and effect of law issued under the authority of this 
  6.24  chapter, is suspended during the period of time and to the 
  6.25  extent that the emergency exists. 
  6.26     Sec. 7.  Minnesota Statutes 2000, section 12.34, 
  6.27  subdivision 1, is amended to read: 
  6.28     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  6.29  life, property, or the environment during a national security 
  6.30  emergency or a peacetime emergency, the governor, the state 
  6.31  director, or a member of a class of members of a state or local 
  6.32  emergency management organization designated by the governor, 
  6.33  may: 
  6.34     (1) require any person, except members of the federal or 
  6.35  state military forces and officers of the state or a political 
  6.36  subdivision, to perform services for emergency management 
  7.1   purposes as directed by any of the persons described above, and; 
  7.2      (2) commandeer, during a national security emergency, any 
  7.3   motor vehicle, tools, appliances, or other personal property and 
  7.4   any facilities or other real property. 
  7.5      Sec. 8.  Minnesota Statutes 2000, section 12.36, is amended 
  7.6   to read: 
  7.7      12.36 [GOVERNOR MAY CONTRACT.] 
  7.8      (a) The governor, during an emergency or disaster and 
  7.9   notwithstanding any other law, may: 
  7.10     (1) enter into contracts and incur obligations necessary to 
  7.11  combat the disaster by protecting the health and safety of 
  7.12  persons and the safety of property and the environment and by 
  7.13  providing emergency assistance to the victims of the disaster; 
  7.14  and 
  7.15     (2) exercise the powers vested by this subdivision in the 
  7.16  light of the exigencies of the disaster without compliance with 
  7.17  time-consuming procedures and formalities prescribed by law 
  7.18  pertaining to: 
  7.19     (i) the performance of public work; 
  7.20     (ii) entering into contract; 
  7.21     (iii) incurring of obligations; 
  7.22     (iv) employment of temporary workers; 
  7.23     (v) rental of equipment; 
  7.24     (vi) purchase of supplies and materials, for example, but 
  7.25  not limited to, publication of calls for bids; 
  7.26     (vii) provisions of the Civil Service Act and rules; 
  7.27     (viii) provisions relating to low bids; and 
  7.28     (ix) requirements for the budgeting and allotment of funds. 
  7.29     (b) All contracts must be in writing, executed on behalf of 
  7.30  the state by the governor or a person delegated by the governor 
  7.31  in writing so to do, and must be promptly filed with the 
  7.32  commissioner of finance, who shall forthwith encumber funds 
  7.33  appropriated for the purposes of the contract for the full 
  7.34  contract liability and certify thereon that the encumbrance has 
  7.35  been made. 
  7.36     Sec. 9.  [18D.302] [FALSE STATEMENT OR RECORD.] 
  8.1      A person must not make or offer a false statement, record, 
  8.2   or other information as part of: 
  8.3      (1) an application for registration, license, 
  8.4   certification, permit, or land application of contaminated soil 
  8.5   or other media under this chapter or chapter 18B, 18C, or 18F or 
  8.6   rules adopted under one of those chapters; 
  8.7      (2) records or reports required under this chapter or 
  8.8   chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
  8.9   those chapters; or 
  8.10     (3) an investigation of a violation of this chapter or 
  8.11  chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
  8.12  those chapters. 
  8.13     Sec. 10.  Minnesota Statutes 2001 Supplement, section 
  8.14  28A.085, subdivision 4, is amended to read: 
  8.15     Subd. 4.  [FOOD HANDLER REINSPECTION ACCOUNT; 
  8.16  APPROPRIATION.] A food handler reinspection account is 
  8.17  established in the agricultural fund.  All reinspection fees, 
  8.18  court awarded costs under section 31.05, and assessments 
  8.19  collected must be deposited in the state treasury and are 
  8.20  credited to the food handler reinspection account.  Money in the 
  8.21  account, including interest accrued, is appropriated to the 
  8.22  commissioner to pay the expenses relating to reinspections 
  8.23  conducted under the chapters listed in subdivision 1. 
  8.24     Sec. 11.  Minnesota Statutes 2000, section 31.05, 
  8.25  subdivision 1, is amended to read: 
  8.26     Subdivision 1.  A duly authorized agent of the commissioner 
  8.27  who finds or has probable cause to believe that any food or 
  8.28  consumer commodity is adulterated or so misbranded as to be 
  8.29  dangerous or fraudulent, or is in violation of section 31.131 
  8.30  shall affix to such article a tag or other appropriate marking 
  8.31  giving notice that such article is, or is suspected of being, 
  8.32  adulterated or misbranded and has been detained or embargoed, 
  8.33  and warning all persons not to remove or dispose of such article 
  8.34  by sale or otherwise until permission for removal or disposal is 
  8.35  given by such agent or the court.  It shall be unlawful for any 
  8.36  person to remove or dispose of such detained or embargoed 
  9.1   article by sale or otherwise without such permission. 
  9.2      In the event of an emergency declared by the governor under 
  9.3   section 12.31, an embargo may be placed on a geographical area 
  9.4   of the state limiting food or consumer commodity movement into 
  9.5   or out of the embargoed area. 
  9.6      Sec. 12.  Minnesota Statutes 2000, section 31.05, is 
  9.7   amended by adding a subdivision to read: 
  9.8      Subd. 5.  [PAYMENT OF COSTS.] If a person is convicted of 
  9.9   adulteration under section 609.687, terroristic threats under 
  9.10  section 609.713, terrorism under section 609B.08, use of 
  9.11  biological agents, toxic chemicals, or toxins under section 
  9.12  609B.25, or a misdemeanor under section 31.032, the person is 
  9.13  responsible for, and the district court shall award to the 
  9.14  commissioner, all costs incurred for laboratory testing, 
  9.15  inspection, investigation, and disposal of the food or consumer 
  9.16  commodity. 
  9.17     Sec. 13.  Minnesota Statutes 2001 Supplement, section 
  9.18  35.0661, subdivision 2, is amended to read: 
  9.19     Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
  9.20  by the governor under subdivision 1, the board or any licensed 
  9.21  veterinarian designated by the board may establish quarantine 
  9.22  zones of control in any area where a specific animal is deemed 
  9.23  by a licensed veterinarian as likely to be infected with the 
  9.24  disease based on an actual veterinary examination or laboratory 
  9.25  testing.  Quarantine zones of control must be the smallest size 
  9.26  practicable to prevent the spread of disease and must exist for 
  9.27  the shortest duration consistent with effective disease 
  9.28  control.  A quarantine zone of control must not extend beyond a 
  9.29  radius of three miles from an animal deemed as likely to be 
  9.30  infected with the disease, unless the board has adopted a rule 
  9.31  regarding a specific disease requiring a larger quarantine zone 
  9.32  of control. for humans, machinery, and personal property, 
  9.33  excluding livestock products, must be limited to infected 
  9.34  premises.  The size of the quarantine zone of control for 
  9.35  livestock and livestock products must depend on weather 
  9.36  conditions, type of farms, time of year, species affected, and 
 10.1   geography of area affected. 
 10.2      Sec. 14.  [AGRICULTURE AND ANIMAL HEALTH APPROPRIATIONS.] 
 10.3      The sums shown in the columns marked "APPROPRIATIONS" are 
 10.4   appropriated from the general fund to the agencies and for the 
 10.5   purposes specified in this section, to be available for the 
 10.6   fiscal years indicated for each purpose.  The figures "2002" and 
 10.7   "2003" where used in this article, mean that the appropriation 
 10.8   or appropriations listed under them are available for the year 
 10.9   ending June 30, 2002, or June 30, 2003, respectively. 
 10.10                                             APPROPRIATIONS 
 10.11                                         Available for the Year 
 10.12                                             Ending June 30 
 10.13                                            2002         2003 
 10.14  (a) Agriculture                             -0-       1,012,000 
 10.15  This appropriation is for domestic 
 10.16  terrorism preparedness and response 
 10.17  activities, including planning, 
 10.18  training, identification and detection, 
 10.19  and response.  Funds will be used to 
 10.20  develop and coordinate the department 
 10.21  of agriculture's emergency response 
 10.22  activities, procedures, and protocols; 
 10.23  implement the food safety and 
 10.24  agricultural security data management 
 10.25  system; and provide emergency response 
 10.26  training and increased laboratory 
 10.27  capacity.  The base funding for these 
 10.28  activities is $1,324,000 for the fiscal 
 10.29  year beginning July 1, 2003, and 
 10.30  $1,418,000 for the fiscal year 
 10.31  beginning July 1, 2004. 
 10.32  (b) Board of animal health                  -0-         128,000 
 10.33  This appropriation is for domestic 
 10.34  terrorism preparedness and response 
 10.35  activities.  The base funding for these 
 10.36  activities is $118,000 for the fiscal 
 10.37  year beginning July 1, 2003. 
 10.38     Sec. 15.  [REPEALER.] 
 10.39     Minnesota Statutes 2001 Supplement, section 35.0661, 
 10.40  subdivision 4, is repealed.  
 10.41     Sec. 16.  [EFFECTIVE DATE.] 
 10.42     Sections 1 to 15 are effective the day after final 
 10.43  enactment.