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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 39-S.F.No. 941 
                  An act relating to public safety; modifying state 
                  hazardous materials team provisions; amending 
                  Minnesota Statutes 2002, sections 299A.49, 
                  subdivisions 2, 4; 299A.51, subdivisions 1, 2.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 299A.49, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
        team" means a team (1) trained and, equipped, and authorized to 
        evaluate and when possible, provide simple mitigation to a 
        hazardous materials incident and (2) required to recommend to 
        the local incident manager the best means of controlling the 
        hazard after consideration of life safety concerns, 
        environmental effects, exposure hazards, quantity and type of 
        hazardous material, availability of local resources, or other 
        relevant factors. 
           Sec. 2.  Minnesota Statutes 2002, section 299A.49, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
        means substances or materials that, because of their chemical, 
        physical, or biological nature, pose a potential risk to life, 
        health, or property if they are released.  "Hazardous materials" 
        includes any substance or material in a particular form or 
        quantity that may pose an unreasonable risk to health, safety, 
        and property, or any substance or material in a quantity or form 
        that may be harmful to humans, animals, crops, water systems, or 
        other elements of the environment if accidentally or 
        intentionally released.  Hazardous substances so designated may 
        include explosives, radioactive materials, etiologic agents, 
        flammable liquids or solids, combustible liquids or solids, 
        poisons, oxidizing or corrosive materials, chemical and 
        biological substances, and toxic or flammable gases. 
           Sec. 3.  Minnesota Statutes 2002, section 299A.51, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LIABILITY.] During operations authorized 
        under section 299A.50, members of a regional hazardous materials 
        response team operating outside their geographic jurisdiction 
        are "employees of the state" as defined in section 3.736. 
           Sec. 4.  Minnesota Statutes 2002, section 299A.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WORKERS' COMPENSATION.] During operations 
        authorized under section 299A.50, members of a regional 
        hazardous materials response team operating outside their 
        geographic jurisdiction are considered employees of the 
        department of public safety for purposes of chapter 176. 
           Presented to the governor May 9, 2003 
           Signed by the governor May 13, 2003, 1:20 p.m.