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Office of the Revisor of Statutes

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                            CHAPTER 344-S.F.No. 2319 
                  An act relating to public safety; providing for 
                  response to state emergencies; making technical and 
                  style changes; amending Minnesota Statutes 1994, 
                  sections 12.01; 12.02; 12.03; 12.04; 12.11; 12.13; 
                  12.14; 12.21, as amended; 12.22; 12.221; 12.23; 12.24; 
                  12.25; 12.26; 12.27; 12.28; 12.29; 12.301; 12.31; 
                  12.32; 12.33; 12.34; 12.35; 12.36; 12.37; 12.42; 
                  12.43; 12.44; 12.45; and 12.46; proposing coding for 
                  new law in Minnesota Statutes, chapter 12; repealing 
                  Minnesota Statutes 1994, sections 12.06; 12.07; and 
                  12.08. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 12.01, is 
        amended to read: 
           12.01 [CITATION.] 
           This chapter shall be known and may be cited as the 
        "Minnesota civil defense emergency management act of 1951 
        1996."  
           Sec. 2.  Minnesota Statutes 1994, section 12.02, is amended 
        to read: 
           12.02 [POLICY DECLARATION.] 
           Subdivision 1.  [FINDINGS.] Because of the existing and 
        increasing possibility of the occurrence of natural and other 
        disasters of major size and destructiveness, and in order 
        to insure (1) ensure that preparations of this state will be 
        adequate to deal with such disasters, and (2) generally to 
        provide for the common defense and to protect the public peace, 
        health, and safety, and to (3) preserve the lives and property 
        of the people of the state, it is hereby found and declared to 
        be the legislature finds and declares it necessary: 
           (1) to create a state division of emergency management, and 
        to require the creation of local organizations for civil defense 
        emergency management in the political subdivisions of the state; 
           (2) to confer upon the governor and upon governing bodies 
        of the political subdivisions of the state the emergency and 
        disaster powers provided herein in this chapter; and 
           (3) to provide for the rendering of mutual aid among the 
        political subdivisions of the state and, with other states, and 
        with Canadian provinces and to cooperate with the federal 
        government with respect to the carrying out of civil defense 
        emergency management functions; and 
           (4) to ensure that financial assistance made available to 
        the state of Minnesota and to eligible applicants in the state, 
        as a result of natural or other disasters, is provided in accord 
        with established rules and regulations. 
           Subd. 2.  [POLICY.] It is further declared to be the 
        purpose of this chapter and the policy of the state that 
        all civil defense emergency management functions of this state 
        be coordinated to the maximum extent with the comparable 
        functions of the federal government, including its various 
        departments and agencies, of other states and localities, and of 
        private agencies of every type, to the end that the most 
        effective preparations and use may be made of the nation's labor 
        supply, resources, and facilities for dealing with any disaster 
        that may occur.  
           Sec. 3.  Minnesota Statutes 1994, section 12.03, is amended 
        to read: 
           12.03 [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
        each term defined in this section has the meaning ascribed to it.
           Subd. 1a.  [ACTIVATED.] "Activated" means engaged in 
        emergency management activities listed in this chapter and 
        authorized by the state director of the division of emergency 
        management. 
           Subd. 1b.  [CITY.] "City" means a statutory or home rule 
        charter city. 
           Subd. 2.  [DISASTER.] "Disaster" means a situation which 
        that creates an immediate and serious impairment actual or 
        imminent serious threat to the health and safety of any person 
        persons, or a situation which that has resulted or is likely to 
        result in catastrophic loss to property or the environment, and 
        for which traditional sources of relief and assistance within 
        the affected area are unable to repair or prevent the injury or 
        loss. 
           Subd. 2a.  [DIVISION.] "Division" means the division of 
        emergency management in the department of public safety. 
           Subd. 2b.  [DRY CASK STORAGE FACILITY.] "Dry cask storage 
        facility" means a high-level radioactive waste facility for 
        storage of spent nuclear fuel produced by a nuclear reactor at 
        Prairie Island nuclear generating plant. 
           Subd. 3.  [EMERGENCY.] "Emergency" means an unforeseen 
        combination of circumstances which that calls for immediate 
        action to prevent a disaster from developing or occurring. 
           Subd. 4.  [EMERGENCY SERVICES OR CIVIL DEFENSE MANAGEMENT.] 
        "Emergency services or civil defense management" means the 
        preparation for and the carrying out of all emergency functions, 
        other than functions for which military forces are primarily 
        responsible, to prevent, minimize and repair injury and damage 
        resulting from disasters, or from acute shortages of energy, or 
        from incidents occurring at nuclear fission electrical 
        generating power plants which that pose radiological or other 
        health hazards.  These functions include, without limitation, 
        firefighting services, police services, medical and health 
        services, rescue, engineering, warning services, communications, 
        radiological, chemical and other special weapons defense, 
        evacuation of persons from stricken areas, emergency welfare 
        human services, emergency transportation, existing or properly 
        assigned functions of plant protection, temporary restoration of 
        public utility services, implementation of energy supply 
        emergency conservation and allocation measures, and other 
        functions related to civilian protection, together with all 
        other activities necessary or incidental to preparation 
        preparing for and carrying out of the foregoing these functions. 
           Subd. 4a.  [ENERGY SUPPLY EMERGENCY.] "Energy supply 
        emergency" means a state of emergency declared by the executive 
        council or the legislature pursuant to section 216C.15 and rules 
        adopted under that section. 
           Subd. 4b.  [EMERGENCY RESPONSE PERSONNEL.] "Emergency 
        response personnel" means an individual, organization, or team 
        authorized by the state to supplement state or local resources 
        for emergency response in a stricken area. 
           Subd. 5.  [FEDERAL GOVERNMENT.] "Federal government" means 
        the United States of America. 
           Subd. 5a.  [IMMINENCE IMMINENT.] "Imminence Imminent" means 
        clear and present danger to life and/or or property rights as a 
        result of an emergency or disaster. 
           Subd. 5b.  [HAZARD MITIGATION.] "Hazard mitigation" means 
        an action taken to reduce or eliminate the long-term risk to 
        human life and property from natural and other types of hazards. 
           Subd. 6.  [LOCAL ORGANIZATION FOR EMERGENCY SERVICES 
        MANAGEMENT.] "Local organization for emergency services 
        management" means an organization created in accordance with the 
        provisions of this chapter by the state or a political 
        subdivision to perform local emergency services management 
        functions. 
           Subd. 7.  [MOBILE SUPPORT UNIT.] "Mobile support unit" 
        means an organization for emergency services created in 
        accordance with the provisions of this chapter by the state or a 
        political subdivision to be dispatched by the governor to 
        supplement local organizations for emergency services in a 
        stricken area. 
           Subd. 7a.  [PERSON.] "Person" includes an individual, firm, 
        corporation, association, limited liability company, 
        partnership, limited liability partnership, and other business 
        organizations. 
           Subd. 8.  [ORGANIZATIONAL SPECIALIZED EQUIPMENT.] 
        "Organizational Specialized equipment" means equipment and 
        supplies essential for emergency services management in excess 
        of equipment and supplies provided for normal operation of the 
        state or a political subdivision, to the acquisition of which 
        the state or federal government will may contribute. 
           Subd. 9.  [POLITICAL SUBDIVISION.] "Political subdivision" 
        means a county, city, town, or a metropolitan airports 
        commission organized and existing under sections 473.601 to 
        473.679. 
           Sec. 4.  Minnesota Statutes 1994, section 12.04, is amended 
        to read: 
           12.04 [DIVISION OF EMERGENCY MANAGEMENT.] 
           Subdivision 1.  [DIVISION CREATED.] A division in the 
        department of public safety to be known as the division of 
        emergency management is hereby created, under the supervision 
        and control of a state director.  The commissioner of public 
        safety may place the director's position in the unclassified 
        service if the position meets the criteria established in 
        section 43A.08, subdivision 1a. 
           Subd. 2.  [POWERS TRANSFERRED TO COMMISSIONER.] All of the 
        functions, powers, and duties of the state director of the 
        division of emergency management as described in this chapter, 
        are hereby transferred to and imposed upon the commissioner of 
        public safety, who shall be assigned to the duties and 
        responsibilities described in this section.  
           Sec. 5.  [12.09] [DUTIES OF DIVISION OF EMERGENCY 
        MANAGEMENT.] 
           Subdivision 1.  [COORDINATION.] The division shall 
        coordinate state agency preparedness for and emergency response 
        to all types of natural and man-made emergencies and disasters, 
        including discharges of oil and hazardous substances. 
           Subd. 2.  [STATE EMERGENCY PLAN.] The division shall 
        develop and maintain a comprehensive state emergency operations 
        plan and emergency management program in accord with section 
        12.21, subdivision 3, clause (2), and ensure that other state 
        emergency plans that may be developed are coordinated and 
        consistent with the comprehensive state emergency operations 
        plan. 
           Subd. 3.  [STATE ANSWERING POINT SYSTEM.] The division 
        shall establish and maintain a single state answering point 
        system for use by persons responsible for reporting emergency 
        incidents and conditions involving hazardous substances or oil, 
        nuclear power plant incidents or accidents, or other emergencies 
        or disasters to state agencies, and for requesting state or 
        federal assistance during and following an emergency or disaster.
           Subd. 4.  [ACTIVATION OF EMERGENCY OPERATIONS CENTERS.] The 
        division shall activate the state and regional emergency 
        operations centers when an emergency or disaster threatens or 
        has occurred. 
           Subd. 5.  [ASSISTANCE TO POLITICAL SUBDIVISIONS.] The 
        division shall provide guidance, information, and training 
        sufficient to allow local political subdivisions to request 
        state and federal disaster assistance. 
           Subd. 6.  [COORDINATION OF LOCAL PROGRAMS.] The division 
        shall coordinate the development and maintenance of emergency 
        operations plans and emergency management programs by the 
        political subdivisions of this state, with the plans and 
        programs integrated into and coordinated with the emergency 
        operations plan and emergency management program of this state 
        to the fullest possible extent. 
           Subd. 7.  [HAZARD MITIGATION PLAN.] The division shall 
        develop and maintain a comprehensive hazard mitigation plan for 
        this state, with the plan integrated into and coordinated with 
        the hazard mitigation plans of the federal government to the 
        fullest possible extent.  The division shall coordinate the 
        preparation of hazard mitigation plans by the political 
        subdivisions, with the plans integrated into and coordinated 
        with the hazard mitigation plan of this state to the fullest 
        possible extent. 
           Subd. 8.  [EXERCISE COORDINATION.] The division shall 
        coordinate the development and conduct of emergency preparedness 
        drills and exercises involving multiple Minnesota state agencies.
           Sec. 6.  Minnesota Statutes 1994, section 12.11, is amended 
        to read: 
           12.11 [STATE DIRECTOR; PERSONNEL.] 
           Subdivision 1.  [DIVISION CREATED IN DEPARTMENT OF PUBLIC 
        SAFETY.] There is hereby created within the executive branch of 
        the state government A division of emergency management is 
        established within the department of public safety, which shall 
        be under the supervision and control of the governor and a state 
        director of emergency services, hereinafter called the "state 
        director management."  The state director shall be appointed by 
        the commissioner of public safety and shall appoint the state 
        director, who shall not hold any other state office.  
           Subd. 2.  [PERSONNEL.] As may be necessary to carry out the 
        purposes of this chapter, the state director may: 
           (1) employ such technical, clerical, stenographic and other 
        personnel; and 
           (2) with the approval of the governor may, make such 
        expenditures within the appropriation therefor, made for that 
        purpose or, with the approval of the executive council, from 
        other funds made available to the state director for purposes of 
        civil defense as may be necessary to carry out the purposes of 
        this chapter emergency management. 
           Such Division personnel, except the director of 
        emergency services shall management, must be in the classified 
        service of the state civil service.  Such personnel except the 
        director of civil defense holding offices or employment in the 
        unclassified service on December 31, 1956, and continuously 
        thereafter and until the effective date of this subdivision 
        shall be given a qualifying examination as herein provided.  The 
        director of civil service, subject to the rules of the civil 
        service board, shall on or before January 1, 1958, prepare and 
        give once to all such incumbents of positions in the civil 
        defense agency whose positions are in the classified service a 
        qualifying examination which shall be noncompetitive, practical 
        and involve only the duties of the position they occupied on 
        December 31, 1956, or the position they occupy on the effective 
        date of this subdivision, or the position they occupy on the 
        date said examination is given, whichever examination the 
        officer or employee may elect to take.  If such aforementioned 
        incumbents are found by such qualifying examination to have such 
        ability and capacity as to enable them to perform the duties of 
        the position for which they were examined in a reasonably 
        efficient manner, they shall be given a civil service status 
        subject to the provisions of section 43A.16.  Any of the 
        aforementioned incumbents required by this subdivision to take a 
        qualifying examination who fail to pass the examination, shall 
        be removed from the position at the expiration of 60 days 
        following receipt of notice of failure to pass the examination.  
        Any person who willfully fails or refuses to take the 
        examination when offered, without reasonable excuse, shall be 
        removed from the position immediately.  No person required by 
        this subdivision to take a qualifying examination shall be laid 
        off, suspended, discharged or reduced in pay or position except 
        in accordance with the provisions of law applicable to the 
        members of the classified civil service having a civil service 
        status, until the person has completed such qualifying 
        examination and is notified of the result thereof, or unless the 
        person refuses to take such qualifying examination.  In the 
        event of necessary reductions in employment in any class or 
        position, officers or employees who have not acquired a 
        permanent civil service status shall be laid off in accordance 
        with their seniority within the division of emergency management.
           Subd. 3.  [WORK FACILITIES AND RESOURCES PROVIDED.] The 
        state director and other personnel of the division of emergency 
        management shall must be provided with appropriate office space, 
        furniture, equipment, supplies, stationery and 
        printing facilities and resources in the same manner as provided 
        for personnel of other state agencies.  
           Sec. 7.  Minnesota Statutes 1994, section 12.13, is amended 
        to read: 
           12.13 [NUCLEAR POWER PLANT EMERGENCY RESPONSE PLAN 
        PLANNING.] 
           Subdivision 1.  [PLAN DEVELOPMENT.] The state director, in 
        cooperation with the commissioner of health and affected local 
        units of government political subdivisions, shall develop the 
        state and local portions of the emergency response operations 
        plans specified in the licensing of each nuclear fission 
        electrical generating power plant located in Minnesota.  
           Subd. 2.  [NEED ASSESSMENT; PROGRAM DEVELOPMENT.] In 
        addition to any requirements imposed by federal law, the state 
        director shall assess the need for protective actions required 
        to mitigate the effect of an incident at a nuclear power plant, 
        and develop a carry out nuclear power plant emergency response 
        plan which shall include operations planning including, but is 
        not limited to:  
           (1) purchase of purchasing equipment for the state and 
        local units of government political subdivisions, including 
        public warning systems, protective devices, and communication 
        systems, including preparation of brochures, pamphlets and 
        preparing public information materials and educational programs; 
           (2) coordinating the development of a detailed state and 
        local nuclear emergency response plan operations planning 
        information system for areas surrounding each nuclear fission 
        electrical generating plant; 
           (3) training of state and local emergency response 
        personnel; 
           (4) development of developing accident scenarios and 
        exercises for nuclear emergency response operations plans; and 
           (5) provision of any providing other specialized response 
        equipment necessary to fulfill the plan.  
           Subd. 3.  [ASSISTANCE.] The director shall provide any 
        necessary assistance to other state agencies and local units of 
        government in order political subdivisions to improve the 
        state's nuclear power plant emergency response capacity.  
           Sec. 8.  Minnesota Statutes 1994, section 12.14, is amended 
        to read: 
           12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.] 
           Any A person, firm, corporation, or association in the 
        business of owning or operating a nuclear fission electrical 
        generating power plant or dry cask storage facility located in 
        Minnesota, shall pay quarterly assessments to cover the cost of 
        nuclear power plant emergency response plans and other programs 
        necessary to deal with incidents resulting from the operation of 
        nuclear fission electrical generating plants either facility.  
        An assessment of up to one quarter of the projected annual cost 
        shall must be paid to the commissioner of public safety state 
        director on July 1 of each year.  An assessment shall must be 
        billed by the commissioner state director based on actual costs 
        for each quarter of the fiscal year starting with the first 
        quarter ending September 30.  The July 1 assessment shall must 
        be deducted from the final quarterly billing for the fiscal 
        year.  The assessment collected shall must be credited to the 
        nuclear safety preparedness account in the special revenue fund. 
           Sec. 9.  Minnesota Statutes 1994, section 12.21, as amended 
        by Laws 1995, First Special Session chapter 3, article 16, 
        section 13, is amended to read: 
           12.21 [GOVERNOR.] 
           Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
        general direction and control of emergency services and has the 
        power and duty to management, (2) may carry out the provisions 
        of this chapter, and, (3) during a civil defense national 
        security emergency declared as existing under section 12.31, or 
        during the existence of an energy supply emergency as declared 
        under section 216C.15, or during the existence of any an 
        emergency resulting from an incident at a nuclear fission 
        electrical generating power plant which that poses a 
        radiological or other health hazard, may assume direct 
        operational control over all or any part of the 
        emergency services management functions within this state.  
           Subd. 2.  [COOPERATION.] In performing duties under this 
        chapter, the governor is authorized to may cooperate with the 
        federal government, with other states, with Canadian provinces, 
        and with private agencies, in all matters pertaining to the 
        civil defense emergency management of this state and of the 
        nation. 
           Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
        this chapter and to effect its policy and purpose, the governor 
        is further authorized and empowered may: 
           (1) to make, amend, and rescind the necessary orders and 
        rules to carry out the provisions of this chapter and section 
        216C.15 within the limits of the authority conferred herein by 
        this section, with due consideration of the plans of the federal 
        government and without complying with sections 14.001 to 
        14.69, inclusive, but no order or rule shall have has the force 
        and effect of law except as provided by section 12.32; 
           (2) to prepare ensure that a comprehensive emergency 
        operations plan and emergency management program for the civil 
        defense of this state are developed and maintained, such plan 
        and program to be and are integrated into and coordinated with 
        the civil defense emergency plans of the federal government and 
        of other states to the fullest possible extent, and to 
        coordinate the preparation of plans and programs for civil 
        defense by the political subdivisions of this state, such plans 
        to be integrated into and coordinated with the civil defense 
        plan and program of this state to the fullest possible extent; 
           (3) in accordance with such plan and program for the civil 
        defense the emergency operations plan and the emergency 
        management program of this state, to procure supplies and 
        equipment, to institute training programs and public information 
        programs, and to take all other preparatory steps, including the 
        partial or full mobilization activation of civil defense 
        emergency management organizations in advance of actual 
        disaster, to insure ensure the furnishing of adequately trained 
        and equipped forces of civil defense emergency management 
        personnel in time of need; 
           (4) to make such studies and surveys of the industries, 
        resources, and facilities in this state as may be necessary to 
        ascertain the capabilities of the state for civil defense, 
        emergency management and to plan for the most efficient 
        emergency use thereof of those industries, resources, and 
        facilities; 
           (5) on behalf of this state, to enter into mutual aid 
        arrangements or cooperative agreements with other states and 
        with Canadian provinces, and to coordinate mutual aid plans 
        between political subdivisions of this state; 
           (6) to delegate any administrative authority vested in the 
        governor under this chapter, except the power to make rules, to 
        and provide for the subdelegation of any such that authority; 
           (7) to appoint, in cooperation with local authorities, 
        metropolitan area directors when practicable; 
           (8) to cooperate with the president and the heads of the 
        armed forces, the civil defense emergency management agency of 
        the United States and other appropriate federal officers and 
        agencies, and with the officers and agencies of other states in 
        matters pertaining to the civil defense emergency management of 
        the state and nation, including the direction or control of: 
           (a) blackouts and practice blackouts, air raid (i) 
        emergency preparedness drills, mobilization of civil defense 
        forces, and other tests and exercises; 
           (b) (ii) warnings and signals for drills or attacks actual 
        emergencies and the mechanical devices to be used in connection 
        therewith with them; 
           (c) the effective screening or extinguishing of all lights 
        and lighting devices and appliances; 
           (d) (iii) shutting off water mains, gas mains, electric 
        power connections and the suspension of all other utility 
        services; 
           (e) (iv) the conduct of civilians persons in the state and 
        the movement and cessation of movement of pedestrians and 
        vehicular traffic during, prior, and subsequent to drills 
        or attack actual emergencies; 
           (f) (v) public meetings or gatherings; and 
           (g) (vi) the evacuation, reception, and sheltering of the 
        civilian population persons; 
           (9) to (8) contribute to a political subdivision, within 
        the limits of the appropriation therefor for that purpose, not 
        more than 25 percent of the cost of acquiring organizational 
        equipment which that meets standards established by the 
        governor; 
           (10) to (9) formulate and execute, with the approval of the 
        executive council, plans and rules for the control of traffic in 
        order to provide for the rapid and safe movement over public 
        highways and streets of troops, vehicles of a military nature, 
        materials for national defense and war or for use in any war 
        industry, for the conservation of critical materials or for 
        civil defense emergency management purposes, and to coordinate 
        the activities of the departments or agencies of the state and 
        of the its political subdivisions thereof concerned directly or 
        indirectly with public highways and streets, in a manner which 
        that will best effectuate such those plans; 
           (11) to (10) alter or adjust by executive order, without 
        complying with sections 14.01 to 14.69, the working hours, work 
        days and work week of, and annual and sick leave provisions and 
        payroll laws regarding all state employees in the executive 
        branch as the governor deems necessary to minimize the impact of 
        the disaster or emergency, conforming any the alterations or 
        adjustments to existing state laws, rules, and collective 
        bargaining agreements to the extent practicable; 
           (12) to (11) authorize the commissioner of children, 
        families, and learning to alter school schedules, curtail school 
        activities, or order schools closed without affecting state aid 
        to schools.  
           Subd. 4.  [PLAN REVIEW, AVAILABILITY.] The governor, or 
        state director as designee, shall propose procedures for ensure 
        the conduct of an annual review by state and local officials of 
        the state emergency response operations plan specified in the 
        licensing of each nuclear fission electrical generating power 
        plant.  The review shall must include, but is not be limited to 
        such factors as changes in traffic patterns, population 
        densities, and new construction.  Opportunity for full public 
        participation in the annual review shall be provided.  Copies of 
        a state emergency response operations plan shall must be 
        published, publicized, and distributed to the news media of the 
        affected community and to the appropriate officials of affected 
        communities, and shall be made available to the general public 
        upon request, at no more than the cost of reproduction.  
           Sec. 10.  Minnesota Statutes 1994, section 12.22, is 
        amended to read: 
           12.22 [ASSISTANCE, ACCEPTANCE, RULES.] 
           Subdivision 1.  [FEDERAL AID.] Whenever the federal 
        government, or any an agency or officer thereof shall offer of 
        the federal government, offers to the state, or through the 
        state to any political subdivision thereof of the state, 
        services, equipment, supplies, materials, or funds by way of 
        gift, grant or loan, for the purposes of civil defense emergency 
        management, the state, acting through the governor, or such the 
        political subdivision, acting with the consent of the governor 
        and through its governing body, may accept such the offer and 
        upon such acceptance the governor of the state or governing body 
        of such political subdivision then may authorize any an officer 
        of the state or of the political subdivision, as the case may 
        be, to receive such the services, equipment, supplies, 
        materials, or funds on behalf of the state or such the political 
        subdivision, and subject to the terms of the offer and the 
        rules, if any, of the agency making the offer, but.  However, no 
        money or other funds shall may be accepted or received as a loan 
        nor shall any indebtedness be incurred except in the manner and 
        under the limitations otherwise as provided by law.  
           Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
        PERSONS.] Whenever any a person, firm or corporation shall offer 
        offers to the state or to any a political subdivision thereof 
        of the state, services, equipment, supplies, materials, real 
        property, or funds by the way of gift, grant, or loan, for 
        purposes of civil defense emergency management, the state, 
        acting through the governor, or such a political subdivision, 
        acting through its governing body, may accept such the offer and 
        upon such acceptance the governor of the state or the governing 
        body of such political subdivision then may authorize any an 
        officer of the state or of the political subdivision, as the 
        case may be, to receive such the services, equipment, supplies, 
        materials, real property, or funds on behalf of the state 
        or such political subdivision, and subject to the terms of the 
        offer, but.  However, no moneys money or other funds 
        shall may be accepted or received as a loan nor shall any 
        indebtedness be incurred except in the manner and under the 
        limitations otherwise as provided by law.  Real property so 
        accepted shall must be treated as, and subject to the same 
        immunities during time of civil defense national security 
        emergency as, real property owned by the state.  
           Subd. 2a.  [VOLUNTEER ASSISTANCE.] Individuals who 
        volunteer to assist a local political subdivision during an 
        emergency or disaster, who register with that subdivision, and 
        who are under the direction and control of that subdivision, are 
        considered an employee of that subdivision. 
           Subd. 3.  [GOVERNOR MAY ESTABLISH RULES.] (a) The governor 
        shall have authority to may establish rules in accordance with 
        the law for the proper and efficient operation and 
        administration of the civil defense emergency management program 
        including methods relating to the establishment and maintenance 
        of personnel standards on a merit basis for all employees of 
        local civil defense emergency management agencies, provided,.  
        However, that the governor shall exercise no authority with 
        respect to the selection, tenure of office, and compensation of 
        any individual employed in accordance with such those methods.  
           (b) The governor may, by rule, cooperate with the federal 
        government in any manner as may be necessary to qualify for 
        federal aid to carry out the provisions herein expressed.  The 
        governor may, by rule, also cooperate with other political units 
        or subdivisions in establishing and maintaining personnel 
        standards on a merit basis.  
           Sec. 11.  Minnesota Statutes 1994, section 12.221, is 
        amended to read: 
           12.221 [MINNESOTA NATURAL DISASTER ASSISTANCE.] 
           Subdivision 1.  [DISASTER ASSISTANCE AGREEMENT.] The 
        division of emergency management is authorized to may enter into 
        an agreement with the federal disaster assistance administration 
        emergency management agency (FEMA) for the maintenance of the 
        Minnesota natural disaster assistance program and for 
        administration of federal disaster assistance programs as 
        provided for under provisions of federal law and 
        regulation.  The commissioner may apply for and accept federal 
        money for natural disaster assistance.  Federal money received 
        is appropriated to the commissioner, who shall report its 
        expenditure to the chairs of the house of representatives ways 
        and means committee and the senate finance committee. 
           Subd. 2.  [FEDERAL ASSISTANCE FOR PROGRAM.] Under the 
        agreement, the federal disaster assistance administration 
        emergency management agency will provide $50,000 in federal 
        funds annually toward the cost incurred by implementation of the 
        natural disaster assistance program.  The division of emergency 
        management shall provide two planners and the necessary 
        equipment and facilities for project operations. 
           Subd. 3.  [GOVERNOR'S AUTHORIZED REPRESENTATIVE.] The state 
        director may serve as the governor's authorized representative.  
        As such, the state director may apply for and enter into an 
        agreement with any federal agency to accept and administer 
        federal financial assistance made available to the state as a 
        result of a disaster declaration. 
           Subd. 4.  [SUBGRANT AGREEMENTS.] The state director, 
        serving as the governor's authorized representative, may enter 
        into subgrant agreements with eligible applicants to provide 
        federal and state financial assistance made available as a 
        result of a disaster declaration. 
           Subd. 5.  [REQUIREMENTS WAIVED.] Pursuant to any 
        federal-state agreement entered into by the state director, 
        serving as the governor's authorized representative, in the 
        acceptance of federal money made available as a result of a 
        disaster declaration, and upon the review and acceptance by the 
        attorney general's office of the language contained in the 
        subgrant agreement and any amendments to the agreement, the 
        requirements of section 16B.06, subdivision 2, clause (3), must 
        be waived. 
           Sec. 12.  Minnesota Statutes 1994, section 12.23, is 
        amended to read: 
           12.23 [FACILITIES, UTILIZATION.] 
           In carrying out the provisions of this chapter, the 
        governor and the governing bodies of the political subdivisions 
        of the state are directed to shall utilize the services, 
        equipment, supplies, and facilities of existing departments, 
        offices, and agencies of the state and of the political 
        subdivisions thereof of the state to the maximum extent 
        practicable, and.  The officers and personnel of all such the 
        departments, offices, and agencies are directed to shall 
        cooperate with and extend such services and facilities to the 
        governor and to the civil defense emergency management 
        organizations of the state upon request.  
           Sec. 13.  Minnesota Statutes 1994, section 12.24, is 
        amended to read: 
           12.24 [MOBILE SUPPORT UNITS REGIONAL DISASTER OFFICES.] 
           Subdivision 1.  [AUTHORIZATION.] The governor or a duly 
        designated representative is authorized to state director may 
        create and establish such number of mobile support units 
        regional disaster offices as may be necessary to reinforce civil 
        defense organizations in stricken areas provide both 
        administrative assistance and operational support following a 
        disaster, and with due consideration of the plans of the federal 
        government and of other states.  The governor director shall 
        appoint a commander for each unit designate staff for each 
        regional disaster office who shall have primary responsibility 
        for the organization, administration, and operation of such unit 
        the office.  
           Subd. 2.  [PERSONNEL TRAINING, EXPENSES.] Where When the 
        governor or a duly authorized representative deems state 
        director considers it necessary to send (1) an employee of the 
        division of emergency management or any other person individual, 
        whether or not that person individual is a state employee, to 
        any a school, training or indoctrination program, or place for 
        training or indoctrination in matter legitimately connected with 
        civil defense emergency management, or where the governor deems 
        it necessary to send (2) any person individual, whether or not a 
        state employee, to any place in this or another state for any 
        purpose connected with civil defense emergency management, 
        the governor state director may authorize the payment of travel 
        expenses and reasonable subsistence for the period of time 
        during which that the person employee or other individual is 
        required to remain at the place.  These payments shall must be 
        made from money appropriated to the department.  Upon the 
        certification by the governor or a duly authorized 
        representative state director of the purpose and amount of any 
        such the payment, the commissioner of finance shall draw a 
        warrant upon the state treasurer, and the latter shall pay the 
        amount so certified.  The stipulations in this section are 
        subject to the provisions of section 43A.18. 
           The governor state director may devise and formulate a 
        procedure for the processing and certification of travel and 
        subsistence expenses which that allows the person employee or 
        other individual to submit monthly statements of expenses 
        incurred during the preceding month. 
           Sec. 14.  Minnesota Statutes 1994, section 12.25, is 
        amended to read: 
           12.25 [LOCAL ORGANIZATIONS.] 
           Subdivision 1.  [DIRECTOR; RESPONSIBILITY.] Each political 
        subdivision of this state shall establish a local organization 
        for civil defense for emergency management in accordance with 
        the state civil defense plan and program emergency management 
        program, but no town shall establish a local organization 
        for civil defense emergency management without approval of the 
        state director.  Each local organization for civil defense shall 
        emergency management must have a director who shall be appointed 
        forthwith:  in a city by the mayor thereof, in a town by the 
        town board, and for a public corporation organized and existing 
        under sections 473.601 to 473.679 by its governing body who 
        shall have direct responsibility.  The local director is 
        directly responsible for the organization, administration, and 
        operation of such the local organization for civil defense 
        emergency management, subject to the direction and control 
        of such the local governing body. 
           Subd. 2.  [COUNTY DIRECTOR, RESPONSIBILITY.] (a) Each 
        county civil defense emergency management organization 
        shall must have a director and one or more deputy directors.  
        They shall must be appointed by the county board. 
           (b) A county organization for civil defense shall 
        have emergency management has jurisdiction throughout the county 
        outside of any a city or of a town which that has a local 
        civil defense emergency management organization. 
           (c) In addition to the other powers granted by this 
        subdivision, such county organizations shall: 
           (1) coordinate the activities of and may assist in the 
        training of civil defense emergency management organizations of 
        political subdivisions within throughout the county,; 
           (2) plan for the continuity emergency operations of county 
        government in cooperation with the county attorney, who is 
        authorized and directed to shall give legal advice to the county 
        organization, and with other appropriate county government 
        officials and private sector representatives; 
           (3) acquire equipment necessary in connection therewith, 
        with these activities; and 
           (4) expend funds provided by the county board out of 
        general revenue funds for such purposes.  
           Subd. 3.  [LOCAL ORGANIZATIONS; TERRITORIAL LIMITS.] Each 
        local and county organization for civil defense emergency 
        management shall perform civil defense emergency management 
        functions within the territorial limits of the political 
        subdivision within which it is organized, and, in addition, 
        shall conduct such these functions outside of such its 
        territorial limits as may be required pursuant to the provisions 
        of sections 12.23, 12.27, and 12.32 or any other 
        applicable provisions of law.  
           Subd. 5.  [CONTIGUOUS SUBDIVISIONS, COMMON ORGANIZATION 
        AGREEMENTS.] With approval of the governor state director, two 
        or more political subdivisions which are contiguous for civil 
        defense purposes may enter into agreements determining the 
        boundaries of the geographic areas of their respective civil 
        defense emergency management responsibilities or providing for a 
        common civil defense emergency management organization, which, 
        for the purposes of this chapter, shall must be a local civil 
        defense emergency management organization.  
           Sec. 15.  Minnesota Statutes 1994, section 12.26, is 
        amended to read: 
           12.26 [LOCAL GOVERNMENTS; GOVERNMENTAL SUBDIVISIONS, 
        APPROPRIATIONS, TAXATION.] 
           Subdivision 1.  [APPROPRIATION FOR EXPENSES.] Each 
        political subdivision shall have the power to may make 
        appropriations in the manner provided by law for making 
        appropriations for the ordinary expenses of such the political 
        subdivision for the payment of expenses of its local 
        organizations for civil defense emergency management, and any 
        local contingent of the civil air patrol.  
           Subd. 2.  [POWER TO TAX, CIVIL DEFENSE EMERGENCY MANAGEMENT 
        EXPENDITURES.] To provide money for civil defense the emergency 
        management purposes authorized by this chapter, a political 
        subdivision is empowered to may levy a tax annually upon all 
        taxable property in the political subdivision, except as 
        provided in subdivision 4, a tax in excess of and over and above 
        all charter taxing limitations in such an amount as may be 
        necessary to pay such expenditures incurred for emergency 
        management purposes.  
           Subd. 3.  [POWER TO TAX, ORGANIZATIONAL EQUIPMENT.] (a) To 
        provide moneys for the money to purchase of organizational 
        equipment which that is to be paid for in part by the federal 
        government, a political subdivision is empowered to may levy a 
        tax upon all taxable property in the political subdivision, 
        except as provided in subdivision 4, in excess of and over and 
        above all taxing limitations, including those provided in 
        subdivision 2, in such an amount as may be necessary to pay its 
        share of the cost of such the organizational equipment, provided 
        that the governor has approved the purchase thereof.  
           (b) Each political subdivision which that has initiated the 
        purchase of organizational equipment shall have the power may: 
           (1) to pay into the state treasury, in trust, its share of 
        the cost of organizational equipment required by the federal 
        government to be paid in advance; 
           (2) to pay into the state treasury, in trust, its share of 
        the reimbursement of the federal government by the state as part 
        of its share of the cost of organizational equipment purchased 
        for the political subdivision and initially wholly paid for from 
        the federal treasury; 
           (3) to pay the entire cost of organizational equipment from 
        funds derived from tax levies herein authorized by this section, 
        but within the limitations of subdivision 2.  Organizational 
        equipment purchased entirely from funds of a political 
        subdivision need not be in excess of equipment provided for 
        normal operation of a political subdivision and may be of a type 
        and kind usable for both local and civil defense emergency 
        management purposes.  
           Subd. 4.  [POWER TO TAX BY COUNTY.] When levied by a 
        county, the taxes authorized in subdivisions 2 and 3, 
        respectively, shall must be spread wholly and exclusively upon 
        property within the portion of the county over which the county 
        local organization for civil defense emergency management has 
        jurisdiction as provided in section 12.25, subdivision 1; 
        provided, however, that a county may levy annually a tax upon 
        all taxable property within any city or town within the county 
        which that has a local civil defense emergency management 
        organization.  
           Subd. 6.  [MINNEAPOLIS, EXCEPTION.] Notwithstanding the 
        limitation contained in subdivision 2, the limitation applicable 
        to the city of Minneapolis shall continue continues at 20 cents 
        per capita, and no levy may be made by Hennepin county on 
        property within the city of Minneapolis pursuant to subdivision 
        4.  
           Sec. 16.  Minnesota Statutes 1994, section 12.27, is 
        amended to read: 
           12.27 [MUTUAL AID, ARRANGEMENTS.] 
           Subdivision 1.  [AUTHORITY; ORGANIZATIONS IN MINNESOTA.] 
        The director of each local organization for civil defense 
        emergency management may, in collaboration with other public and 
        private agencies within this state, develop or cause to be 
        developed mutual aid arrangements for reciprocal civil defense 
        emergency management aid and assistance in an emergency or 
        disaster too great to be dealt with unassisted.  Such These 
        arrangements shall must be consistent with the state civil 
        defense local emergency operations plan and program, and, in 
        time of emergency it shall be the duty of, each local 
        organization for civil defense emergency management and the its 
        members thereof to shall render assistance in accordance with 
        the provisions of such the mutual aid arrangements.  
           Subd. 2.  [AUTHORITY; ORGANIZATIONS IN OTHER STATES.] 
        The state director or the director of each local organization 
        for civil defense emergency management may, subject to the 
        approval of the governor, enter into mutual aid arrangements 
        with civil defense emergency management agencies or 
        organizations in other states for reciprocal civil defense 
        emergency management aid and assistance in case of disaster too 
        great to be dealt with unassisted.  
           Subd. 2a.  [AUTHORITY; ORGANIZATIONS IN CANADIAN 
        PROVINCES.] Subject to the approval of the governor, the state 
        director may enter into mutual aid agreements with emergency 
        management agencies or organizations in Canadian provinces for 
        reciprocal emergency management aid and assistance in case of 
        disaster too great to be dealt with unassisted. 
           Subd. 3.  [LOCAL DELEGATION OF AUTHORITY.] (a) No later 
        than 90 days after the effective date of these amendments to 
        this section, the governing body or town board of a political 
        subdivision may by resolution provide that an officer or 
        designee of the shall designate a city administrator or manager, 
        public safety director, police chief, fire chief, public works 
        director, or other officer may who, exercising discretion and 
        considering the needs of the political subdivision and its 
        inhabitants, may dispatch equipment and personnel as deemed 
        considered necessary if there is a danger of fire, hazard, 
        casualty, or another similar occurrence exists outside the 
        political subdivision and by its suddenness it would be 
        impractical for the governing body itself to authorize the 
        dispatch of equipment and personnel to combat the occurrence 
        that emergency or disaster. 
           (b) Action under this subdivision is an act of the 
        political subdivision.  All provisions for compensation of 
        personnel, rental of equipment, liability insurance coverage, 
        workers' compensation insurance, and other matters pertaining to 
        the political subdivision, its equipment, and personnel, apply 
        in each case as if specifically authorized and directed. 
           (c) The officer shall end the use of equipment and 
        personnel when the need no longer exists or earlier at the 
        officer's discretion if it appears to be in the best interest of 
        the political subdivision. 
           Subd. 4.  [PROVIDING ASSISTANCE TO ANOTHER STATE.] At the 
        request of another state, the governor, exercising discretion 
        and considering the needs of this state and its inhabitants, may 
        dispatch state equipment and personnel as deemed necessary if 
        there is an emergency or disaster outside of this state. 
           The governor shall end the use of equipment and personnel 
        when the need no longer exists or earlier at the governor's 
        discretion if it appears to be in the best interest of the state.
           Sec. 17.  Minnesota Statutes 1994, section 12.28, is 
        amended to read: 
           12.28 [ORDERS, RULES; ENFORCEMENT.] 
           It shall be the duty of Every organization for civil 
        defense emergency management established pursuant to this 
        chapter and of the its officers thereof to shall execute and 
        enforce such orders and rules as may be made by the governor 
        under authority of this chapter or section 216C.15.  Each such 
        organization shall must have available for inspection at its 
        office all orders and rules made by the governor, or under the 
        governor's authority. 
           Sec. 18.  Minnesota Statutes 1994, section 12.29, is 
        amended to read: 
           12.29 [LOCAL EMERGENCIES.] 
           Subdivision 1.  [AUTHORITY TO DECLARE EMERGENCY.] A local 
        emergency may be declared only by the mayor of a municipality or 
        the chair of a county board of commissioners or their legal 
        successors.  It shall may not be continued for a period in 
        excess of three days except by or with the consent of the 
        governing board body of the political subdivision.  Any order, 
        or proclamation declaring, continuing, or terminating a local 
        emergency shall must be given prompt and general publicity 
        and shall be filed promptly by the chief of the local records 
        keeping recordkeeping agency of the political subdivision. 
           Subd. 2.  [EFFECT OF DECLARATION OF EMERGENCY.] A 
        declaration of a local emergency shall invoke invokes necessary 
        portions of the response and recovery aspects of applicable 
        local or interjurisdictional disaster plans, and may authorize 
        aid and assistance thereunder under those plans. 
           Subd. 3.  [INTERJURISDICTIONAL AGENCIES.] No 
        interjurisdictional agency or official may declare a local 
        emergency unless expressly authorized by the agreement under 
        which the agency functions.  However, an interjurisdictional 
        disaster agency shall provide aid and services in accordance 
        with the agreement under which it functions. 
           Sec. 19.  Minnesota Statutes 1994, section 12.301, is 
        amended to read: 
           12.301 [COMMUNITY DISASTER LOANS.] 
           Whenever, at the request of the governor, the president has 
        declared a major disaster to exist in this state, the governor 
        is authorized to take the following actions: 
           (a) Upon the governor's determination that a political 
        subdivision of the state will suffer a substantial loss of tax 
        and other revenues from a major disaster and has demonstrated a 
        need for financial assistance to perform its governmental 
        functions, to the governor may apply to the federal government, 
        on behalf of the political subdivision, for a loan, and to 
        receive and disburse the proceeds of any the approved loan to 
        any the applicant political subdivision. 
           (b) To The governor may determine the amount needed by 
        any an applicant political subdivision to restore or resume its 
        governmental functions, and to certify the same that amount to 
        the federal government.  No application amount shall may exceed 
        25 percent of the annual operating budget of the applicant for 
        the fiscal year in which the major disaster occurs. 
           (c) To The governor may recommend to the federal 
        government, based upon the governor's review, the cancellation 
        of all or any part of repayment when, in the first three full 
        fiscal year period following the major disaster, the revenues of 
        the political subdivision are insufficient to meet its operating 
        expenses, including additional disaster-related expenses of a 
        municipal operation character. 
           Sec. 20.  Minnesota Statutes 1994, section 12.31, is 
        amended to read: 
           12.31 [ENEMY ATTACK NATIONAL SECURITY OR PEACETIME 
        EMERGENCY; DECLARATION.] 
           Subdivision 1.  [DECLARATION OF ENEMY ATTACK NATIONAL 
        SECURITY EMERGENCY.] In the event When information from the 
        president of the United States or of, the federal emergency 
        management agency or, the department of defense, or through the 
        national air warning system indicates the imminence of an actual 
        enemy attack upon a national security emergency within the 
        United States, which means the several states, the District of 
        Columbia, the Commonwealth of Puerto Rico, and the Panama Canal 
        Zone, or the occurrence, within the state of Minnesota, of a 
        major disaster from enemy sabotage or other hostile action, the 
        governor may, by proclamation, declare that a civil defense 
        national security emergency exists in all or any part of the 
        state; and,.  If the legislature is then in regular session, or, 
        if it is not, if the governor concurrently with the proclamation 
        declaring such an the emergency issues a call convening 
        immediately both houses of the legislature, the governor shall 
        have and may exercise for a period not to exceed 30 days 
        the emergency powers and duties conferred and imposed by 
        sections 12.31 to 12.37, and the political subdivision shall 
        have and may exercise for such period of not to exceed 30 days 
        the powers and duties conferred and imposed upon them by 
        sections 12.31 to 12.37.  The lapse of such these emergency 
        powers shall does not, as regards any act or acts occurring or 
        committed within said the 30-day period, deprive any 
        person, firm, corporation, political subdivision, municipal 
        corporation, or body politic of any right or rights to 
        compensation or reimbursement which that it may have under the 
        provisions of this chapter. 
           Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
        governor may declare a peacetime emergency.  A peacetime 
        declaration of emergency may be declared only when an act of 
        nature, an industrial accident or, a hazardous materials 
        accident, or a civil disturbance endangers life and property and 
        local government resources are inadequate to handle the 
        situation.  It shall must not be continued for a period of more 
        than five days unless extended by resolution of the executive 
        council up to 30 days.  Any An order, or proclamation declaring, 
        continuing, or terminating an emergency shall must be given 
        prompt and general publicity and shall be filed with the 
        secretary of state.  
           Subd. 3.  [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A 
        declaration of a peacetime emergency shall invoke invokes the 
        necessary portions of the state comprehensive emergency 
        operations plan developed pursuant to section 12.21, subdivision 
        3, relating to response and recovery aspects and may authorize 
        aid and assistance thereunder under the plan.  
           Sec. 21.  Minnesota Statutes 1994, section 12.32, is 
        amended to read: 
           12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
           All Orders and rules promulgated by the governor under 
        authority of section 12.21, subdivision 3, clause (1), when 
        approved by the executive council and a copy thereof has been 
        filed in the office of the secretary of state, shall have, 
        during a civil defense national security or energy supply 
        emergency, the full force and effect of law.  All Rules and 
        ordinances of any agency or political subdivision of the state 
        inconsistent with the provisions of this chapter, or with any 
        order or rule having the force and effect of law issued under 
        the authority of this chapter, shall be is suspended during the 
        period of time and to the extent that such conflict the 
        emergency exists. 
           Sec. 22.  Minnesota Statutes 1994, section 12.33, is 
        amended to read: 
           12.33 [ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.] 
           Subdivision 1.  [AUTHORITY.] Whenever When the public 
        interest requires it on account because of an imminent 
        emergency, the governor may authorize and direct the police, 
        firefighting, health, or other force of any a political 
        subdivision, herein called the sending political subdivision, to 
        go to the assistance of another political subdivision, herein 
        called the receiving political subdivision, and to take and 
        use for such purpose such the personnel, equipment, and supplies 
        of the sending political subdivision as the governor may direct. 
           Subd. 2.  [EFFECT.] While so engaged in the activities 
        described in subdivision 1, the officers and members of such 
        those forces shall have the same powers, duties, rights, 
        privileges, and immunities as if they were performing like 
        service in the sending political subdivision and shall be are 
        considered to be acting within the scope of and in the course of 
        their regular employment, as employees of such the sending 
        political subdivision.  
           Subd. 3.  [REIMBURSEMENT BY LOCAL GOVERNMENT RECEIVING 
        ASSISTANCE.] The receiving political subdivision shall reimburse 
        the sending political subdivision for all the supplies used and 
        the compensation paid to all the officers and members of the 
        forces so furnished, during such time as the rendition of such 
        aid prevents them from performing their duties in the sending 
        political subdivision, for the actual traveling and maintenance 
        expenses of such the officers and members while rendering such 
        aid, and the cost of all insurance covering such officers and 
        members while so engaged.  Any A claim for such loss, damage, 
        or expense in use of using equipment or supplies or for 
        additional expenses incurred in the operation or maintenance 
        thereof shall operating or maintaining them must not be allowed 
        unless within 90 days after the same loss, damage, or expense is 
        sustained or incurred an itemized notice of such claim it, 
        verified by an officer or employee of the municipality having 
        knowledge of the facts, is filed with the clerk of the receiving 
        political subdivision.  
           Subd. 4.  [REIMBURSEMENT BY STATE.] It shall be is the 
        policy of the state to reimburse the sending political 
        subdivision for any loss or damage to equipment used outside of 
        the corporate limits of the sending political subdivision and to 
        reimburse the sending political subdivision for any additional 
        expenses incurred in the operation and maintenance thereof 
        operating and maintaining the equipment outside such of its 
        corporate limits.  Any A claim for such loss, damage, or expense 
        in use of using equipment or for additional expenses incurred in 
        the operation or maintenance thereof shall operating or 
        maintaining the equipment must not be allowed unless within 90 
        days after the same it is sustained or incurred an itemized 
        notice of such the claim, verified by an officer or employee of 
        the sending political subdivision having knowledge of the facts, 
        is filed with the state director.  
           Sec. 23.  Minnesota Statutes 1994, section 12.34, is 
        amended to read: 
           12.34 [PERSONS REQUIRED TO ASSIST.] 
           Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
        life, property, or the environment during a civil defense 
        national security emergency, the governor, the state director, 
        or a member of a class of members of a state or local civil 
        defense emergency management organization designated by the 
        governor, may, when necessary to save life or property (1) 
        require any person, except members of the federal or state 
        military forces and officers of the state or a political 
        subdivision, to perform services for civil defense emergency 
        management purposes as directed by any of the persons first 
        above described above, and (2) commandeer, during a civil 
        defense national security emergency, any motor vehicle, tools, 
        appliances, or any other personal property.  
           Subd. 2.  [COMPENSATION.] The owner of any property so 
        commandeered shall property must be promptly paid just 
        compensation for the its use thereof and all damages done to the 
        property while so used for civil defense emergency management 
        purposes.  The governor or the governing body of the political 
        subdivision concerned, respectively, according to the 
        use thereof of the property, shall make a formal order 
        determining the amount of such compensation.  The owner may 
        appeal to the district court of the county in which such the 
        property was commandeered if, within 30 days from the date of 
        such the order, the owner serves upon the governor or the 
        political subdivision concerned and files with the court 
        administrator of such the district court a written notice of 
        appeal setting forth the order appealed from and, in detail, the 
        amount claimed as compensation.  Upon such appeal, the issue 
        shall be is the amount of damages to which the appellant is 
        entitled.  It may be noticed for trial as in the case of a civil 
        action and the court may require other parties to be joined and 
        to plead therein when necessary to a proper determination of the 
        questions involved.  The cause shall must be tried without a 
        jury de novo and the court shall determine the damages and the 
        person or persons entitled thereto to them.  Except as herein 
        otherwise provided, the trial shall must be conducted and the 
        cause disposed of according to the rules applicable to civil 
        actions in the district court.  The court in its discretion may 
        award to the prevailing party the costs and disbursements of the 
        appeal.  
           Subd. 3.  [PENALTY.] Any An able-bodied person required to 
        perform services for civil defense emergency management who 
        refuses, neglects, or otherwise fails to perform the services 
        required under subdivision 1 shall be is guilty of a misdemeanor 
        and must be punished by imprisonment in the county jail for not 
        less than ten days or more than 90 days.  
           Sec. 24.  Minnesota Statutes 1994, section 12.35, is 
        amended to read: 
           12.35 [MOBILE SUPPORT UNITS CALLED TO DUTY ACTIVATING 
        EMERGENCY RESPONSE PERSONNEL.] 
           Subdivision 1.  [GOVERNOR'S ORDER.] Mobile support units 
        shall be called to duty upon orders of the governor and shall 
        perform their functions in any part of the state, or, upon the 
        conditions specified in this section, in other states.  
           Subd. 2.  [PERSONNEL COMPENSATION, RIGHTS, DUTIES, 
        PRIVILEGES.] Emergency response personnel of mobile support 
        units, while on active duty, whether within or without activated 
        by the state, shall:  (1) if they are considered state employees 
        of the state, and have the powers, duties, rights, privileges, 
        and immunities and receive the compensation incidental to their 
        employment; (2) if they are employees of a political 
        subdivision, and whether serving within or without such 
        political subdivision, have the powers, duties, rights, 
        privileges and immunities and receive the compensation 
        incidental to their employment; and (3) if they are not 
        employees of the state or a political subdivision thereof, 
        receive compensation by the state of $5 per day and have the 
        same rights and immunities as are provided by law for the 
        employees of this state.  All personnel of mobile support units 
        shall, while on duty, be subject to the operational control of 
        the authority in charge of civil defense activities in the area 
        in which they are serving, and shall be reimbursed for all 
        actual and necessary travel and subsistence expenses.  
           Subd. 3.  [LOCAL GOVERNMENT REIMBURSEMENT; EMERGENCY 
        RESPONSE.] The state shall reimburse a political subdivision for 
        the compensation paid and actual and necessary travel, 
        subsistence, and maintenance expenses of employees of such the 
        political subdivision while serving as members of a mobile 
        support unit and they are activated by the state director as 
        emergency response personnel.  Reimbursement must also be 
        provided for all payments for death, disability, or injury of 
        such employees incurred in the course of such duty, and for all 
        losses of or damage to supplies and equipment of such the 
        political subdivision resulting from the operation operations of 
        such mobile support unit the emergency response personnel.  
           Subd. 3a.  [LOCAL GOVERNMENT REIMBURSEMENT; TRAINING.] The 
        state shall also reimburse a political subdivision for the 
        compensation paid and actual and necessary travel, subsistence, 
        and maintenance expenses of employees of the political 
        subdivision while they are activated by the state director in 
        order to participate in specifically authorized training and 
        exercises. 
           Subd. 4.  [REIMBURSEMENT OF OTHER STATE.] Whenever a mobile 
        support unit When emergency management personnel of another 
        state shall render aid in this state Minnesota pursuant to the 
        orders of the governor of its home state, and upon the request 
        of the governor of this state Minnesota, this state shall 
        reimburse such the other state for (1) the compensation paid and 
        actual and necessary travel, subsistence, and maintenance 
        expenses of the personnel of such mobile support unit the other 
        state while rendering such aid as emergency management 
        personnel, and for (2) all payments for death, disability, or 
        injury of such those personnel incurred in the course of 
        rendering such that aid, and for (3) all losses of or damage to 
        supplies and equipment of such the other state, or a 
        governmental subdivision thereof of the other state, resulting 
        from the rendering of such aid; provided, that the laws of such 
        the other state contain provisions substantially similar to this 
        section.  
           Subd. 5.  No personnel of a mobile support unit of this 
        state shall be ordered by the governor to operate in any other 
        state unless the laws of such other state contain provisions 
        substantially similar to this section.  
           Sec. 25.  Minnesota Statutes 1994, section 12.36, is 
        amended to read: 
           12.36 [GOVERNOR MAY CONTRACT.] 
           (a) The governor, during a civil defense an emergency, 
        is, or disaster and notwithstanding any other provision of law, 
        empowered to may: 
           (1) enter into contracts and incur obligations necessary to 
        combat such the disaster by protecting the health and safety of 
        persons and the safety of property, and by providing emergency 
        assistance to the victims of such the disaster; to and 
           (2) exercise the powers vested by this subdivision in the 
        light of the exigencies of the disaster without compliance with 
        time-consuming procedures and formalities prescribed by law 
        pertaining to: 
           (i) the performance of public work,; 
           (ii) entering into contract,; 
           (iii) incurring of obligations,; 
           (iv) employment of temporary workers,; 
           (v) rental of equipment,; 
           (vi) purchase of supplies and materials, for example, but 
        not limited to, publication of calls for bids,; 
           (vii) provisions of the civil service act and rules,; 
           (viii) provisions relating to low bids; and 
           (ix) requirements for the budgeting and allotment of funds. 
           (b) All contracts shall must be in writing, executed on 
        behalf of the state by the governor or a person delegated by the 
        governor in writing so to do, and shall must be promptly filed 
        with the commissioner of finance, who shall forthwith encumber 
        funds appropriated for the purposes of the contract for the full 
        contract liability and certify thereon that such the encumbrance 
        has been made.  
           Sec. 26.  Minnesota Statutes 1994, section 12.37, is 
        amended to read: 
           12.37 [POLITICAL SUBDIVISIONS, AUTHORITY TO ENTER INTO 
        CONTRACTS.] 
           During a civil defense an emergency or disaster, each 
        political subdivision is, notwithstanding any statutory or 
        charter provision to the contrary, empowered, and through its 
        governing body acting within or without the corporate limits of 
        the political subdivision, to may: 
           (1) enter into contracts and incur obligations necessary to 
        combat such the disaster by protecting the health and safety of 
        persons and property, and by providing emergency assistance to 
        the victims of such the disaster.  Each political subdivision is 
        authorized to; and 
           (2) exercise the powers vested by this subdivision in the 
        light of the exigencies of the disaster without compliance with 
        time-consuming procedures and formalities prescribed by law 
        pertaining to: 
           (i) the performance of public work,; 
           (ii) entering into contracts,; 
           (iii) incurring of obligations,; 
           (iv) employment of temporary workers,; 
           (v) rental of equipment,; 
           (vi) purchase of supplies and materials,; 
           (vii) limitations upon tax levies,; and 
           (viii) the appropriation and expenditure of public funds, 
        for example, but not limited to, publication of ordinances and 
        resolutions, publication of calls for bids, provisions of civil 
        service laws and rules, provisions relating to low bids, and 
        requirements for budgets.  
           Sec. 27.  Minnesota Statutes 1994, section 12.42, is 
        amended to read: 
           12.42 [OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.] 
           During a civil defense an emergency or disaster, any a 
        person who holds a license, certificate, or other permit issued 
        by a state of the United States, evidencing the meeting of 
        qualifications for professional, mechanical, or other skills, 
        may render aid involving such skill those skills in this state.  
        The license, certificate, or other permit of such the person, 
        while so rendering aid shall have, has the same force and effect 
        as if issued in this state.  
           Sec. 28.  Minnesota Statutes 1994, section 12.43, is 
        amended to read: 
           12.43 [SUBVERSIVES; HIRING, USING; OATHS.] 
           No person shall may be employed or associated in any 
        capacity in any civil defense an emergency management 
        organization established under this chapter who advocates or has 
        advocated a change by force or violence in the constitutional 
        form of the Government of the United States or in this state or 
        the overthrow of any government in the United States by force or 
        violence, or who has been convicted of or is under indictment or 
        information charging any subversive act against the United 
        States.  Each person who is appointed to serve in an 
        organization for civil defense emergency management shall, 
        before entering upon any duties, take an oath, in writing, 
        before a person authorized to administer oaths in this state, 
        which oath shall must be substantially as follows: 
           "I, .........., do solemnly swear (or affirm) that I will 
        support and defend the Constitution of the United States and the 
        Constitution of the State of ..... against all enemies, foreign 
        and domestic; that I will bear true faith and allegiance to the 
        same; that I take this obligation freely, without any mental 
        reservation or purpose of evasion; and that I will well and 
        faithfully discharge the duties upon which I am about to enter.  
        And I do further swear (or affirm) that I do not advocate, nor 
        am I a member of any political party or organization that 
        advocates the overthrow of the Government of the United States 
        or of this state by force or violence; and that during such time 
        as I am a member of the (name of civil defense emergency 
        management organization), I will not advocate nor become a 
        member of any political party or organization that advocates the 
        overthrow of the Government of the United States, or of this 
        state, by force or violence."  
           This oath may be administered by any officer of the state 
        division of emergency management, local civil defense director, 
        or ground observer corps supervisor.  
           Sec. 29.  Minnesota Statutes 1994, section 12.44, is 
        amended to read: 
           12.44 [POLITICAL ACTIVITIES.] 
           No organization for civil defense emergency management 
        established under the authority of this chapter shall 
        participate in any form of political activity, nor shall it be 
        employed directly or indirectly for political purposes, nor 
        shall it be employed in a legitimate labor dispute.  
           Sec. 30.  Minnesota Statutes 1994, section 12.45, is 
        amended to read: 
           12.45 [VIOLATIONS, PENALTIES.] 
           Unless a different penalty or punishment is specifically 
        prescribed, any a person who willfully violates any a provision 
        of this chapter or any a rule or order having the force and 
        effect of law issued under authority of this chapter is guilty 
        of a misdemeanor and upon conviction shall must be punished by a 
        fine of not less than $10 or more than $100 to exceed $700, or 
        by imprisonment for not more than 90 days.  
           Sec. 31.  Minnesota Statutes 1994, section 12.46, is 
        amended to read: 
           12.46 [LIMITATION OF POWERS.] 
           Nothing in this chapter shall be construed to 
        authorize authorizes the governor or the director: 
           (1) by subpoena or otherwise to require any person to 
        appear before any person or to produce any records for 
        inspection by any person, or to examine any person under oath; 
        and 
           (2) to remove summarily from office any person, other than 
        a person appointed under this chapter, except as now provided by 
        law or as herein specifically authorized. 
           Sec. 32.  [EXCEPTION.] 
           Nothing in this act shall be construed to conflict with the 
        "Minnesota hazardous materials incident response act" as defined 
        in Minnesota Statutes, sections 299A.48 to 299A.52 and 299K.095. 
           Sec. 33.  [RENUMBERING INSTRUCTION.] 
           In the next edition of Minnesota Statutes, the revisor of 
        statutes shall renumber section 12.03, subdivision 4a, as 
        section 12.03, subdivision 4c; section 12.03, subdivision 5a, as 
        section 12.03, subdivision 5c; and section 12.03, subdivision 8, 
        as section 12.03, subdivision 10. 
           Sec. 34.  [REPEALER.] 
           Minnesota Statutes 1994, sections 12.06; 12.07; and 12.08, 
        are repealed. 
           Presented to the governor March 18, 1996 
           Signed by the governor March 19, 1996, 4:14 p.m.