language to be deleted (2) new language
stricken= old language to be removed underscored = new language to be added 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 andmay be cited as the "Minnesota civil defenseemergency management act of 19511996." 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 suchdisasters, and(2) generally to provide for the common defense and toprotect 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 bethe 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 defenseemergency 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 hereinin 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 thecarrying out of civil defenseemergency 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 defenseemergency 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 whichthat creates an immediate and serious impairmentactual or imminent serious threat to the health and safety of any personpersons, or a situation whichthat 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 whichthat calls for immediate action to prevent a disaster from developing or occurring. Subd. 4. [EMERGENCY SERVICES OR CIVIL DEFENSEMANAGEMENT.] "Emergency services or civil defensemanagement" means the preparation for and the carrying out of allemergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, orfrom acute shortages of energy, or from incidents occurring at nuclear fission electrical generatingpower plants whichthat 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 welfarehuman 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 preparationpreparing for and carrying out of the foregoingthese 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. [ IMMINENCEIMMINENT.] " ImminenceImminent" means clear and present danger to life and/oror 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 SERVICESMANAGEMENT.] "Local organization for emergency servicesmanagement" means an organization created in accordance with the provisions ofthis chapter by the state or a political subdivision to perform local emergency servicesmanagement 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. [ ORGANIZATIONALSPECIALIZED EQUIPMENT.] " OrganizationalSpecialized equipment" means equipment and supplies essential for emergency servicesmanagement 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 willmay 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 governmentA division of emergency management is established within the department of public safety , which shall beunder the supervision and control of the governor and a state director of emergency services, hereinafter called the "state directormanagement. "The state director shall be appointed by thecommissioner of public safety andshall 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 suchtechnical, clerical, stenographicand other personnel; and (2) with the approval of the governor may, make suchexpenditures 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 chapteremergency management. SuchDivision personnel, except the director of emergency services shallmanagement, 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. [ WORKFACILITIES AND RESOURCES PROVIDED.] The state director and other personnel of the division of emergency management shallmust be provided with appropriate office space, furniture, equipment, supplies, stationery and printingfacilities 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 PLANPLANNING.] Subdivision 1. [PLAN DEVELOPMENT.] The state director, in cooperation with the commissioner of health and affected local units of governmentpolitical subdivisions, shall develop the state and local portions of the emergency responseoperations plans specified in the licensing of each nuclear fission electrical generatingpower plant located in Minnesota. Subd. 2. [NEED ASSESSMENT; PROGRAM DEVELOPMENT.] In addition to anyrequirements 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 acarry out nuclear power plant emergency response plan which shall includeoperations planning including, but isnot limited to: (1) purchase ofpurchasing equipment for the state and local units of governmentpolitical subdivisions, including public warning systems, protective devices, and communication systems, including preparation of brochures, pamphletsand preparing public information materials and educational programs; (2) coordinating the development of a detailed state and local nuclear emergency response planoperations planning information system for areas surrounding each nuclear fission electrical generatingplant; (3) training ofstate and local emergency response personnel; (4) development ofdeveloping accident scenarios and exercises for nuclear emergency responseoperations plans; and (5) provision of anyproviding other specialized response equipment necessary to fulfill the plan. Subd. 3. [ASSISTANCE.] The director shall provide anynecessary assistance to other state agencies and local units of government in orderpolitical 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.] AnyA person , firm, corporation, or associationin the business of owning or operating a nuclear fission electrical generatingpower 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 otherprograms necessary to deal with incidents resulting from the operation of nuclear fission electrical generating plantseither facility. An assessment of up to one quarter of the projected annual cost shallmust be paid to the commissioner of public safetystate director on July 1 of each year. An assessment shallmust be billed by the commissionerstate director based on actual costs for each quarter of the fiscal year starting with the first quarter ending September 30. The July 1 assessment shallmust be deducted from the final quarterly billing for the fiscal year. The assessment collected shallmust 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 tomanagement, (2) may carry out the provisions of this chapter, and ,(3) during a civil defensenational security emergency declared as existing under section 12.31, orduring the existence of an energy supply emergency as declared under section 216C.15, or during the existence of anyan emergency resulting from an incident at a nuclear fission electrical generatingpower plant whichthat poses a radiological or other health hazard, may assume direct operational control over all or any part of the emergency servicesmanagement functions within this state. Subd. 2. [COOPERATION.] In performing duties under this chapter, the governor is authorized tomay cooperate with the federal government, with other states, with Canadian provinces, and with private agencies, in all matters pertaining to the civil defenseemergency 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 empoweredmay: (1) tomake, 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 hereinby 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 havehas the force andeffect of law except as provided by section 12.32; (2) to prepareensure that a comprehensive emergency operations plan and emergency management program for the civil defense ofthis state are developed and maintained, such plan and program to beand are integrated into and coordinated with the civil defenseemergency 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 defensethe emergency operations plan and the emergency management program of this state, toprocure supplies and equipment, toinstitute training programs and public information programs, and totake all other preparatory steps, including the partial or full mobilizationactivation of civil defenseemergency management organizations in advance of actual disaster ,to insureensure the furnishing of adequately trained and equipped forces of civil defenseemergency management personnel in time of need; (4) tomake suchstudies 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 thereofof those industries, resources, and facilities; (5) on behalf of this state, toenter into mutual aid arrangements or cooperative agreements with other states and with Canadian provinces, and tocoordinate mutual aid plans between political subdivisions of this state; (6) todelegate anyadministrative authority vested in the governor under this chapter, except the power to make rules, toand provide for the subdelegation of any suchthat authority; (7) to appoint, in cooperation with local authorities, metropolitan area directors when practicable; (8) tocooperate with the president and the heads of the armed forces, the civil defenseemergency 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 defenseemergency 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 testsand exercises; (b)(ii) warnings and signals for drills or attacksactual emergencies and the mechanical devices to be used in connection therewithwith 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 civilianspersons in the state and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or attackactual emergencies; (f)(v) public meetings or gatherings; and (g)(vi) the evacuation, reception, and sheltering of the civilian populationpersons; (9) to(8) contribute to a political subdivision, within the limits of the appropriation thereforfor that purpose, not more than 25 percent of the cost of acquiring organizational equipment whichthat 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 defenseemergency management purposes, and tocoordinate the activities of the departments or agencies of the state and of theits political subdivisions thereofconcerned directly or indirectly with public highways and streets, in a manner whichthat will best effectuate suchthose 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 anythe 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 forensure the conduct of an annual review by state and local officials of the state emergency responseoperations plan specified in the licensing of each nuclear fission electrical generatingpower plant. The review shallmust include, but is not belimited 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 responseoperations plan shallmust be published, publicized, and distributed to the news media of the affected community and to the appropriate officials of affected communities ,and shall bemade 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 anyan agency or officer thereof shall offerof the federal government, offers to the state, or through the state to any political subdivision thereofof the state, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for the purposes of civil defenseemergency management, the state, acting through the governor, or suchthe political subdivision, acting with the consent of the governor and through its governing body, may accept suchthe offer and upon such acceptance the governor of the state or governing body of such political subdivisionthen may authorize anyan officer of the state or of the political subdivision, as the case may be, to receive suchthe services, equipment, supplies, materials, or funds on behalf of the state or suchthe 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 shallmay be accepted or received as a loan nor shallany indebtedness beincurred except in the manner and under the limitations otherwiseas provided by law. Subd. 2. [OFFERS OF AID, POLITICAL SUBDIVISIONS OR PERSONS.] Whenever anya person , firm or corporation shall offeroffers to the state or to anya political subdivision thereofof the state, services, equipment, supplies, materials, real property, or funds by the way of gift, grant, or loan, for purposes of civil defenseemergency management, the state, acting through the governor, or sucha political subdivision, acting through its governing body, may accept suchthe offer and upon such acceptance the governor of the state or the governing body of such political subdivisionthen may authorize anyan officer of the state or of the political subdivision, as the case may be, to receive suchthe services, equipment, supplies, materials, real property, or funds on behalf of the state or suchpolitical subdivision, and subject to the terms of the offer , but. However, no moneysmoney or other funds shallmay be accepted or received as a loan nor shallany indebtedness beincurred except in the manner and under the limitations otherwiseas provided by law. Real property so accepted shallmust be treated as, and subject to the same immunities during time of civil defensenational 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 tomay establish rules in accordance with the law for the proper and efficient operation and administration of the civil defenseemergency management program including methods relating to the establishment and maintenance of personnel standards on a merit basis for all employees of local civil defenseemergency management agencies , provided,. However, thatthe governor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with suchthose methods. (b) The governor may, by rule, cooperate with the federal government in any manneras may benecessary 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 tomay enter into an agreement with the federal disaster assistance administrationemergency 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 administrationemergency 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 toshall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereofof the state to the maximum extent practicable , and. The officers and personnel of all suchthe departments, offices, and agencies are directed toshall cooperate with and extend suchservices and facilities to the governor and to the civil defenseemergency management organizations of the state upon request. Sec. 13. Minnesota Statutes 1994, section 12.24, is amended to read: 12.24 [ MOBILE SUPPORT UNITSREGIONAL DISASTER OFFICES.] Subdivision 1. [AUTHORIZATION.] The governor or a duly designated representative is authorized tostate director may create and establish such number of mobile support unitsregional disaster offices as may be necessary to reinforce civil defense organizations in stricken areasprovide 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 governordirector shall appoint a commander for each unitdesignate staff for each regional disaster office who shall have primary responsibility for the organization, administration, and operation of such unitthe office. Subd. 2. [PERSONNEL TRAINING, EXPENSES.] WhereWhen the governor or a duly authorized representative deemsstate director considers it necessary to send (1) an employee of the division of emergency management or any other personindividual, whether or not that personindividual is a state employee, to anya school, training or indoctrination program, or place for training or indoctrination in matter legitimately connected with civil defenseemergency management, or where the governor deems it necessary to send(2) any personindividual, whether or not a state employee, to any place in this or another state for any purpose connected with civil defenseemergency management, the governorstate director may authorize the payment of travel expenses and reasonable subsistence for the period of time during whichthat the personemployee or other individual is required to remain at the place. These payments shallmust be made from money appropriated to the department. Upon thecertification by the governor or a duly authorized representativestate director of the purpose and amount of any suchthe 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 ofsection 43A.18. The governorstate director may devise and formulate a procedure for the processing and certification of travel and subsistence expenses whichthat allows the personemployee 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 stateshall establish a local organization for civil defensefor emergency management in accordance with the state civil defense plan and programemergency management program, but no town shall establish a local organization for civil defenseemergency management without approval of the state director. Each local organization for civil defense shallemergency management must have a director who shall beappointed 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 suchthe local organization for civil defenseemergency management, subject to the direction and control of suchthe local governing body. Subd. 2. [COUNTY DIRECTOR, RESPONSIBILITY.] (a) Each county civil defenseemergency management organization shallmust have a director and one or more deputy directors. They shallmust be appointed by the county board. (b) A county organization for civil defense shall haveemergency management has jurisdiction throughout the county outside of anya city or of a town whichthat has a local civil defenseemergency management organization. (c) In addition to the other powers granted by this subdivision, suchcounty organizations shall: (1) coordinate the activities of and may assist in the training of civil defenseemergency management organizations of political subdivisions withinthroughout the county ,; (2) plan for the continuityemergency operations of county government in cooperation with the county attorney, who is authorized and directed toshall 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 defenseemergency management shall perform civil defenseemergency management functions within the territorial limits of the political subdivision within which it is organized ,and, in addition, shall conduct suchthese functions outside of suchits territorial limits as may be required pursuant to the provisions ofsections 12.23, 12.27, and 12.32 or any other applicable provisions oflaw. Subd. 5. [ CONTIGUOUS SUBDIVISIONS,COMMON ORGANIZATION AGREEMENTS.] With approval of the governorstate director, two or more political subdivisions which are contiguous for civil defense purposesmay enter into agreements determining the boundaries of the geographic areas of their respective civil defenseemergency management responsibilities or providing for a common civil defenseemergency management organization, which ,for the purposes of this chapter , shallmust be a local civil defenseemergency 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 tomay make appropriations in the manner provided by law for making appropriations for the ordinary expenses of suchthe political subdivision for the payment of expenses of its local organizations for civil defenseemergency management, and any local contingent of the civil air patrol. Subd. 2. [POWER TO TAX, CIVIL DEFENSEEMERGENCY MANAGEMENT EXPENDITURES.] To provide money for civil defensethe emergency management purposes authorized by this chapter, a political subdivision is empowered tomay levy a taxannually upon all taxable property in the political subdivision, except as provided in subdivision 4, a tax in excess of and over and above all chartertaxing limitations in suchan amount as may be necessary to pay suchexpenditures incurred for emergency management purposes. Subd. 3. [POWER TO TAX, ORGANIZATIONAL EQUIPMENT.] (a) To provide moneys for themoney to purchase oforganizational equipment whichthat is to be paid for in part by the federal government, a political subdivision is empowered tomay 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 suchan amount as may be necessary to pay its share of the cost of suchthe organizational equipment, provided that the governor has approved the purchase thereof. (b) Each political subdivision whichthat has initiated the purchase of organizational equipment shall have the powermay: (1) topay 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) topay 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) topay the entire cost of organizational equipment from funds derived from tax levies hereinauthorized 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 defenseemergency management purposes. Subd. 4. [POWER TO TAX BY COUNTY.] When levied by a county, the taxes authorized in subdivisions 2 and 3, respectively, shallmust be spread wholly and exclusively upon property within the portion of the county over which the county local organization for civil defenseemergency 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 whichthat has a local civil defenseemergency management organization. Subd. 6. [MINNEAPOLIS, EXCEPTION.] Notwithstanding the limitation contained in subdivision 2, the limitation applicable to the city of Minneapolis shall continuecontinues 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 defenseemergency 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 defenseemergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. SuchThese arrangements shallmust be consistent with the state civil defenselocal emergency operations plan and program,and, in time of emergency it shall be the duty of, each local organization for civil defenseemergency management and theits members thereof toshall render assistance in accordance with the provisions of suchthe mutual aid arrangements. Subd. 2. [AUTHORITY; ORGANIZATIONS IN OTHER STATES.] The state director or the director of each local organization for civil defenseemergency management may, subject to the approval of the governor, enter into mutual aid arrangements with civil defenseemergency management agencies or organizations in other states for reciprocal civil defenseemergency 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 boardof a political subdivision may by resolution provide that an officer or designee of theshall designate a city administrator or manager, public safety director, police chief, fire chief, public works director, or other officer maywho, exercising discretion and considering the needs of the political subdivision and its inhabitants, may dispatch equipment and personnel as deemedconsidered necessary if there isa 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 occurrencethat 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 ofEvery organization for civil defenseemergency management established pursuant to this chapter and of theits officers thereof toshall execute and enforce suchorders and rules as may be made by the governor under authority of this chapter or section 216C.15. Each suchorganization shallmust 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 shallmay not be continued for a period in excess of three days except by or with the consent of the governing boardbody of the political subdivision. Any order ,or proclamation declaring, continuing, or terminating a local emergency shallmust be given prompt and general publicity and shall befiled promptly by the chief of the local records keepingrecordkeeping agency of the political subdivision. Subd. 2. [EFFECT OF DECLARATION OF EMERGENCY.] A declaration of a local emergency shall invokeinvokes necessary portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and may authorize aid and assistance thereunderunder 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, tothe governor may apply to the federal government, on behalf of the political subdivision, for a loan, and toreceive and disburse the proceeds of anythe approved loan to anythe applicant political subdivision. (b) ToThe governor may determine the amount needed by anyan applicant political subdivision to restore or resume its governmental functions, and tocertify the samethat amount to the federal government. No application amount shallmay exceed 25 percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs. (c) ToThe 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 ATTACKNATIONAL SECURITY OR PEACETIME EMERGENCY; DECLARATION.] Subdivision 1. [DECLARATION OF ENEMY ATTACKNATIONAL SECURITY EMERGENCY.] In the eventWhen information from the president of the United States or of, the federal emergency management agency or, the department of defense, or throughthe national airwarning system indicates the imminence of an actual enemy attack upona 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 defensenational 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 anthe emergency issues a call convening immediately both houses of the legislature, the governor shall have andmay exercise for a period not to exceed 30 days the emergencypowers 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 suchthese emergency powers shalldoes not, as regards any act or actsoccurring or committed within saidthe 30-day period, deprive any person, firm, corporation,political subdivision, municipal corporation, or body politic of any right or rightsto compensation or reimbursement whichthat it may have under the provisions ofthis 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 shallmust not be continued for a period ofmore than five days unless extended by resolution of the executive council up to 30 days. AnyAn order, or proclamation declaring, continuing, or terminating an emergency shallmust be given prompt and general publicity and shall befiled with the secretary of state. Subd. 3. [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A declaration of a peacetime emergency shall invokeinvokes the necessary portions of the state comprehensiveemergency operations plan developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects and may authorize aid and assistance thereunderunder the plan. Sec. 21. Minnesota Statutes 1994, section 12.32, is amended to read: 12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] AllOrders 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 beenfiled in the office of the secretary of state, shallhave, during a civil defensenational security or energy supply emergency, the full force and effect of law. AllRules 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 beis suspended during the period of time and to the extent that such conflictthe emergency exists. Sec. 22. Minnesota Statutes 1994, section 12.33, is amended to read: 12.33 [ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.] Subdivision 1. [AUTHORITY.] WheneverWhen the public interest requires it on accountbecause of an imminent emergency, the governor may authorize and direct the police, firefighting, health, or other force of anya political subdivision, hereincalled the sending political subdivision, to go to the assistance of another political subdivision, hereincalled the receiving political subdivision, and to take and use for such purpose suchthe personnel, equipment, and supplies of the sending political subdivision as the governor may direct. Subd. 2. [EFFECT.] While soengaged in the activities described in subdivision 1, the officers and members of suchthose forces shallhave the same powers, duties, rights, privileges, and immunities as if they were performing like service in the sending political subdivision and shall beare considered to be acting within the scope of and in the course of their regular employment, as employees of suchthe sending political subdivision. Subd. 3. [REIMBURSEMENT BY LOCAL GOVERNMENT RECEIVING ASSISTANCE.] The receiving political subdivision shall reimburse the sending political subdivision for allthe supplies used and the compensation paid to allthe officers and members of the forces sofurnished, during such time as the rendition of suchaid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of suchthe officers and members while rendering such aid, and the cost of all insurance covering such officers and members whileso engaged. AnyA claim for suchloss, damage, or expense in use ofusing equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shalloperating or maintaining them must not be allowed unless within 90 days after the sameloss, damage, or expense is sustained or incurred an itemized notice of such claimit, 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 beis the policy of the state to reimburse the sending political subdivision for anyloss or damage to equipment used outside of the corporate limits of the sending political subdivision and to reimburse the sending political subdivision for anyadditional expenses incurred in the operation and maintenance thereofoperating and maintaining the equipment outside suchof its corporate limits. AnyA claim for suchloss, damage, or expense in use ofusing equipment or for additional expenses incurred in the operation or maintenance thereof shalloperating or maintaining the equipment must not be allowed unless within 90 days after the sameit is sustained or incurred an itemized notice of suchthe 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 defensenational security emergency, the governor, the state director, or a member of a class of members of a state or local civil defenseemergency 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 defenseemergency management purposes as directed by any of the persons first abovedescribed above, and (2) commandeer, during a civil defensenational security emergency, any motor vehicle, tools, appliances, or anyother personal property. Subd. 2. [COMPENSATION.] The owner of any property socommandeered shallproperty must be promptly paid just compensation for theits use thereofand all damages done to the property while so used for civil defenseemergency management purposes. The governor or the governing body of the political subdivision concerned, respectively, according to the use thereofof the property, shall make a formal order determining the amount of suchcompensation. The owner may appeal to the district court of the county in which suchthe property was commandeered if, within 30 days from the date of suchthe order, the owner serves upon the governor or the political subdivision concerned and files with the court administrator of suchthe district court a written notice of appeal setting forth the order appealed from and, in detail, the amount claimed as compensation. Upon suchappeal, the issue shall beis 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 thereinwhen necessary to a proper determination of the questions involved. The cause shallmust be tried without a jury de novo and the court shall determine the damages and the person or persons entitled theretoto them. Except as herein otherwise provided, the trial shallmust 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.] AnyAn able-bodied person required to perform services for civil defenseemergency management who refuses, neglects, or otherwise fails to perform the services required under subdivision 1 shall beis 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 DUTYACTIVATING 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 withoutactivated by the state, shall: (1) if theyare 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 areprovided 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 suchthe political subdivision while serving as members of a mobile support unit andthey 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 incurredin the course of suchduty, and for all losses of or damage to supplies and equipment of suchthe political subdivision resulting from the operationoperations of such mobile support unitthe 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 unitWhen emergency management personnel of another state shallrender aid in this stateMinnesota pursuant to the orders of the governor of its home state, and upon the request of the governor of this stateMinnesota, this state shall reimburse suchthe other state for (1) the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unitthe other state while rendering suchaid as emergency management personnel, and for(2) all payments for death, disability, or injury of suchthose personnel incurred in the course of rendering suchthat aid, and for(3) all losses of or damage to supplies and equipment of suchthe other state, or a governmental subdivision thereofof the other state, resulting from the rendering of suchaid; provided, that the laws of suchthe 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 defensean emergency , is,or disaster and notwithstanding any other provision oflaw, empowered tomay: (1) enter into contracts and incur obligations necessary to combat suchthe disaster by protecting the health and safety of persons and the safety of property ,and by providing emergency assistance to the victims of suchthe disaster; toand (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 shallmust 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 shallmust 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 suchthe 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 defensean 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, tomay: (1) enter into contracts and incur obligations necessary to combat suchthe disaster by protecting the health and safety of persons and property ,and by providing emergency assistance to the victims of suchthe 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 defensean emergency or disaster, anya 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 skillthose skills in this state. The license, certificate, or other permit of suchthe person, while sorendering 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 shallmay be employed or associated in any capacity in any civil defensean 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 defenseemergency management shall, before entering upon any duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shallmust 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 anymental 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 defenseemergency 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 defenseemergency management established under the authority of this chapter shall participate in any form of political activity, nor shall itbe employed directly or indirectly for political purposes, nor shall itbe 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, anya person who willfully violates anya provision of this chapter or anya rule or order having the force and effect of law issued under authority of this chapter is guilty of a misdemeanor and upon conviction shallmust be punished by a fine ofnot less than $10 or more than $100to 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 authorizeauthorizes 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.
Official Publication of the State of Minnesota
Revisor of Statutes