Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: 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 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.
Official Publication of the State of Minnesota
Revisor of Statutes