2006 Minnesota Statutes

12.22 ASSISTANCE, ACCEPTANCE, RULES.
    Subdivision 1. Federal aid. Whenever the federal government, or an agency or officer of
the federal government, offers to the state, or through the state to any political subdivision of the
state, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for the
purposes of emergency management, the state, acting through the governor, or the political
subdivision, acting with the consent of the governor and through its governing body, may accept
the offer and then may authorize an officer of the state or of the political subdivision, as the case
may be, to receive the services, equipment, supplies, materials, or funds on behalf of the state or
the political subdivision and subject to the terms of the offer and the rules, if any, of the agency
making the offer. However, no money or other funds may be accepted or received as a loan nor
any indebtedness incurred except as provided by law.
    Subd. 2. Individual offers of aid. Whenever a person offers to the state or to a political
subdivision of the state, services, equipment, supplies, materials, real property, or funds by the
way of gift, grant, or loan, for purposes of civil emergency management, the state, acting through
the governor, or a political subdivision, acting through its governing body, may accept the offer
and then may authorize an officer of the state or of the political subdivision, as the case may be, to
receive the services, equipment, supplies, materials, real property, or funds on behalf of the state
or political subdivision, and subject to the terms of the offer. However, no money or other funds
may be accepted or received as a loan nor any indebtedness incurred except as provided by law.
Real property so accepted must be treated as, and subject to the same immunities during time of
national security emergency as, real property owned by the state.
    Subd. 2a. Volunteer protections. (a) 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
for purposes of workers' compensation and tort claim defense and indemnification.
(b) Individuals who volunteer to assist the state during an emergency or disaster, who
register with a state agency, and who are under the direction and control of the state agency
are considered an employee of the state for purposes of workers' compensation and tort claim
defense and indemnification.
    Subd. 3. Governor may establish rules. (a) The governor may establish rules in accordance
with the law for the proper and efficient operation and administration of the emergency
management program including methods relating to the establishment and maintenance of
personnel standards on a merit basis for all employees of local emergency management agencies.
However, the governor shall exercise no authority with respect to the selection, tenure of office,
and compensation of any individual employed in accordance with those methods.
(b) The governor may, by rule, cooperate with the federal government as 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.
    Subd. 4. Other law preserved. Nothing in this chapter shall be construed to remove any
immunity from, defense to, or limitation on liability provided by the Minnesota Tort Claims Act,
the Municipal Tort Claims Act, or other law.
History: 1951 c 694 s 202; Ex1959 c 13 s 1; 1963 c 660 s 3; 1985 c 248 s 70; 1996 c
344 s 10; 2005 c 150 s 3,4