Minnesota Emergency Management Act of 1996 (Minnesota Statutes: Chapter 12 - Emergency Management)

12.01​ CITATION.​ EMERGENCY POWERS​

12.02​ POLICY DECLARATION.​ 12.31​ NATIONAL SECURITY OR PEACETIME​ EMERGENCY; DECLARATION.​ 12.03​ DEFINITIONS.​ 12.32​ GOVERNOR'S ORDERS AND RULES, EFFECT.​ DIVISION ORGANIZATION, DUTIES​

12.33​ ASSISTANCE BETWEEN POLITICAL​

12.04​ DIVISION OF EMERGENCY MANAGEMENT.​ SUBDIVISIONS.​

12.09​ DUTIES OF DIVISION OF EMERGENCY​ 12.331​ LOCAL ASSISTANCE BETWEEN POLITICAL​ MANAGEMENT.​ SUBDIVISIONS.​

12.11​ STATE DIRECTOR; PERSONNEL.​ 12.34​ ASSISTANCE REQUIRED; COMPENSATION FOR​ PROPERTY TAKEN; PENALTY.​ NUCLEAR EMERGENCY RESPONSE​

12.35​ ACTIVATING EMERGENCY RESPONSE​

12.13​ NUCLEAR POWER PLANT EMERGENCY​ PERSONNEL.​ RESPONSE PLANNING.​ 12.351​ SPECIALIZED EMERGENCY RESPONSE TEAM.​

12.14​ ASSESSMENT FOR NUCLEAR SAFETY​ PREPAREDNESS ACT.​ 12.36​ GOVERNOR'S POWERS TO FAST PROVIDE​ EMERGENCY AID.​ POWERS, DUTIES OF GOVERNOR AND LOCAL​

12.37​ POLITICAL SUBDIVISION'S POWERS TO FAST​ ORGANIZATIONS​ PROVIDE EMERGENCY AID.​ 12.21​ GOVERNOR.​

12.38​ STATE AGENCIES; TEMPORARY WAIVER OF​

12.22​ ASSISTANCE, ACCEPTANCE, RULES.​ FEES.​

12.221​ MINNESOTA NATURAL DISASTER ASSISTANCE.​ 12.381​ SAFE DISPOSITION OF DEAD HUMAN BODIES.​

12.23​ FACILITIES, UTILIZATION.​ 12.39​ INDIVIDUAL TREATMENT; NOTICE, REFUSAL,​ CONSEQUENCE.​ 12.24​ REGIONAL DISASTER OFFICES.​ MISCELLANEOUS PROVISIONS​ 12.25​ LOCAL ORGANIZATIONS; DIRECTORS, DUTIES.​

12.42​ OUT-OF-STATE LICENSE HOLDERS; POWERS,​

12.26​ POLITICAL SUBDIVISIONS; TAXATION,​ DUTIES.​ APPROPRIATIONS.​ 12.43​ SUBVERSIVES; HIRING, USING; OATH.​

12.27​ MUTUAL AID, ARRANGEMENTS.​ 12.44​ POLITICAL ACTIVITIES.​

12.28​ GOVERNOR'S ORDERS, RULES; ENFORCEMENT.​ 12.45​ VIOLATIONS, PENALTIES.​

12.29​ DECLARATION OF LOCAL EMERGENCY.​ 12.46​ LIMITATION OF POWERS.​

12.301​ COMMUNITY DISASTER LOANS; GOVERNOR'S​ 12.61​ TEMPORARY MEDICAL CARE FACILITIES;​ AUTHORITY.​ LIABILITY.​

12.01 CITATION.​ This chapter may be cited as the "Minnesota Emergency Management Act of 1996."​ History: 1951 c 694 s 1; 1996 c 344 s 1​

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 (1) ensure that preparations of this state​ will be adequate to deal with disasters, (2) generally protect the public peace, health, and safety, and (3)​ preserve the lives and property of the people of the state, 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 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 in this chapter;​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.02​ MINNESOTA STATUTES 2019​ 2​ (3) to provide for the rendering of mutual aid among the political subdivisions of the state, with other​ states, and with Canadian provinces and to cooperate with the federal government with respect to carrying​ out of 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​ 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.​ History: 1951 c 694 s 2; 1953 c 745 s 2; 1965 c 660 s 1; 1969 c 1129 art 1 s 14; 1974 c 428 s 5; Ex1979​ c 2 s 1; 1986 c 444; 1987 c 71 s 2; 1996 c 344 s 2​

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. [Renumbered subd 1d]​ Subd. 1c. MS 2004 [Expired]​ Subd. 1d. City. "City" means a statutory or home rule charter city.​ Subd. 1e. Declared emergency. "Declared emergency" means a national security or peacetime emergency​ declared by the governor under section 12.31.​ Subd. 2. Disaster. "Disaster" means a situation that creates an actual or imminent serious threat to the​ health and safety of persons, or a situation 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 that calls for​ immediate action to prevent a disaster from developing or occurring.​ Subd. 4. Emergency management. "Emergency management" means the preparation for and the​ carrying out of emergency functions, other than functions for which military forces are primarily responsible,​ to prevent, minimize and repair injury and damage resulting from disasters, from acute shortages of energy,​ or from incidents occurring at nuclear power plants that pose radiological or other health hazards. These​ functions include, without limitation, firefighting services, police services, medical and health services,​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 3​ MINNESOTA STATUTES 2019​ 12.03​ rescue, engineering, warning services, communications, radiological, chemical and other special weapons​ defense, evacuation of persons from stricken areas, emergency 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 preparing for and​ carrying out these functions.​ Subd. 4a. [Renumbered subd 4c]​ 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. 4c. 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. 4d. [Renumbered subd 4f]​ Subd. 4e. Entity. "Entity" includes a firm, corporation, association, limited liability company, partnership,​ limited liability partnership, nonprofit organization, or other business, religious, or charitable organization.​ Subd. 4f. Facility. "Facility" means any real property, building, structure, or other improvement to real​ property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation. Facility​ does not include a private residence but may include a licensed health care facility only when other alternatives​ are not feasible.​ Subd. 5. Federal government. "Federal government" means the United States of America.​ Subd. 5a. [Renumbered subd 5c]​ 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. 5c. Imminent. "Imminent" means clear and present danger to life or property rights as a result​ of an emergency or disaster.​ Subd. 5d. Local government. "Local government" has the meaning given in Code of Federal Regulations,​ title 44, section 206.2 (2012).​ Subd. 6. Local organization for emergency management. "Local organization for emergency​ management" means an organization created in accordance with this chapter by the state or a political​ subdivision to perform local emergency management functions.​ Subd. 6a. Medical supplies. "Medical supplies" means any medication, durable medical equipment,​ instruments, linens, or any other material that a health care provider deems not essential for the continued​ operation of the provider's practice or facility. The term medical supplies does not apply to medication,​ durable medical equipment, or other material that is personal property being used by individuals or that has​ been borrowed, leased, or rented by individuals for the purpose of treatment or care.​ Subd. 6b. Nonfederal share. "Nonfederal share" has the meaning given in section 12A.02, subdivision​ 7.​ Subd. 7. [Repealed by amendment, 1996 c 344 s 3]​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.03​ MINNESOTA STATUTES 2019​ 4​ Subd. 7a. Person. "Person" includes an individual, firm, corporation, association, limited liability​ company, partnership, limited liability partnership, and other business organizations.​ Subd. 8. [Renumbered subd 10]​ 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.​ Subd. 9a. MS 2004 [Expired]​ Subd. 9b. Specialized emergency response team. "Specialized emergency response team" means a​ team that has been approved by the state director of the Division of Homeland Security and Emergency​ Management for the purpose of supplementing state or local resources for responding to an emergency or​ disaster.​ Subd. 10. MS 1994 [Renumbered subd 5a]​ Subd. 10. Specialized equipment. "Specialized equipment" means equipment and supplies essential​ for emergency 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 may contribute.​ Subd. 11. [Renumbered subd 4a]​ History: 1951 c 694 s 3; 1953 c 745 s 3; 1963 c 660 s 1; 1963 c 678 s 1; 1973 c 123 art 5 s 7; 1976 c​ 266 s 1; 1979 c 65 s 1; Ex1979 c 2 s 2,3; 1980 c 611 s 1; 1981 c 356 s 248; 1Sp1981 c 4 art 1 s 2; 1987 c​ 312 art 1 s 10 subd 1; 1996 c 344 s 3,33; 2002 c 402 s 2-5,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005​ c 150 s 1,2,14; 2009 c 59 art 5 s 1; 2010 c 224 s 1; 2014 c 312 art 7 s 1,2​ DIVISION ORGANIZATION, DUTIES​

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. [Repealed by amendment, 1996 c 344 s 4]​ History: 1969 c 1129 art 1 s 14; 1974 c 428 s 5; 1982 c 560 s 4; 1986 c 444; 1987 c 71 s 1; 1996 c 344​ s 4​ 12.05 [Repealed, 1982 c 560 s 65]​ 12.06 [Repealed, 1996 c 344 s 34]​ 12.07 [Repealed, 1996 c 344 s 34]​ 12.08 [Repealed, 1996 c 344 s 34]​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 5​ MINNESOTA STATUTES 2019​ 12.09​

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 other 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.​ Subd. 9. Volunteer resources coordination. The division shall provide ongoing coordination of a​ network of state, local, and federal government agencies and private organizations to ensure the smooth​ coordination of donations and volunteerism during major disasters. Duties include:​ (1) hotline management, including training, staffing, information distribution, and coordination with​ emergency operations management;​ (2) coordination between government and private relief agencies;​ (3) networking with volunteer organizations;​ (4) locating resources for anticipated disaster needs and making these resources available to local​ governments in a database;​ (5) training in disaster preparation;​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.09​ MINNESOTA STATUTES 2019​ 6​ (6) revising existing plans based on experience with disasters and testing the plans with simulated​ disasters; and​ (7) maintaining public information about disaster donations and volunteerism.​ Subd. 10. Emergency management training. (a) The division must maintain and administer an​ emergency management training curriculum. The division must make emergency management training​ courses in this curriculum available to state employees whose essential job duties involve emergency​ management.​ (b) Each state agency that is assigned a role as a disaster or emergency response organization in the state​ emergency operations plan must have at least one employee who has completed the entire emergency​ management training curriculum maintained under this section. If an agency is not in compliance with this​ paragraph as of August 1, 2008, or if all employees who have completed the curriculum leave the agency,​ the agency must immediately file a plan with the division identifying how and when the agency will be in​ compliance.​ (c) On September 1, 2008, and January 15 of each subsequent year, the commissioner of public safety​ must report to legislative committees with jurisdiction over public safety issues on compliance with this​ section. The report must list state agencies that are in compliance with this section and must summarize​ compliance efforts for state agencies not yet in compliance.​ History: 1986 c 444; 1996 c 344 s 5; 1998 c 367 art 11 s 1; 2008 c 167 s 1​

12.11 STATE DIRECTOR; PERSONNEL.​ Subdivision 1. Division created in Department of Public Safety. A Division of Emergency Management​ is established within the Department of Public Safety under the supervision and control of the governor and​ a state director of emergency management. The commissioner of public safety shall appoint the state director,​ who shall not hold any other state office.​ Subd. 2. Personnel. (a) As may be necessary to carry out the purposes of this chapter, the state director​ may:​ (1) employ technical, clerical, and other personnel; and​ (2) with the approval of the governor, make expenditures within the appropriation made for that purpose​ or, with the approval of the Executive Council, from other funds made available to the state director for​ purposes of emergency management.​ (b) Division personnel, except the director of emergency management, must be in the classified service​ of the state civil service.​ Subd. 3. Facilities and resources provided. The state director and other personnel of the Division of​ Emergency Management must be provided with appropriate facilities and resources in the same manner as​ provided for personnel of other state agencies.​ History: 1951 c 694 s 101; 1957 c 227 s 1; 1961 c 3 s 1; 1969 c 1129 art 1 s 14; 1974 c 428 s 5; 1985​ c 248 s 70; 1986 c 444; 1987 c 71 s 2; 1987 c 384 art 2 s 1; 1996 c 344 s 6​ 12.12 [Repealed, 1975 c 61 s 26]​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 7​ MINNESOTA STATUTES 2019​ 12.21​ NUCLEAR EMERGENCY RESPONSE​

12.13 NUCLEAR POWER PLANT EMERGENCY RESPONSE PLANNING.​ Subdivision 1. Plan development. The state director, in cooperation with the commissioner of health​ and affected political subdivisions, shall develop the state and local portions of the emergency operations​ plans specified in the licensing of each nuclear power plant located in Minnesota.​ Subd. 2. Need assessment; program development. In addition to 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 carry out nuclear power plant emergency operations planning including, but​ not limited to:​ (1) purchasing equipment for the state and political subdivisions, including public warning systems,​ protective devices, and communication systems, and preparing public information materials and educational​ programs;​ (2) coordinating the development of a detailed state and local nuclear emergency operations planning​ information system for areas surrounding each nuclear plant;​ (3) training state and local emergency response personnel;​ (4) developing accident scenarios and exercises for nuclear emergency operations plans; and​ (5) providing other specialized response equipment necessary.​ Subd. 3. Assistance. The director shall provide necessary assistance to other state agencies and political​ subdivisions to improve the state's nuclear power plant emergency response capacity.​ History: 1980 c 611 s 2; 1996 c 344 s 7​

12.14 ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.​ A person in the business of owning or operating a nuclear power plant or dry cask storage facility located​ in Minnesota, shall pay quarterly assessments to cover the cost of nuclear power plant emergency response​ programs necessary to deal with incidents resulting from either facility. An assessment of up to one quarter​ of the projected annual cost must be paid to the state director on July 1 of each year. An assessment must​ be billed by the 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 must be deducted from the final quarterly billing for​ the fiscal year. The assessment collected must be credited to the nuclear safety preparedness account in the​ special revenue fund.​ History: 1980 c 611 s 5; 1981 c 357 s 24; 1983 c 293 s 28; 1Sp1985 c 10 s 37; 1987 c 358 s 38; 1989​ c 269 s 36; 1991 c 233 s 37; 1996 c 344 s 8​ POWERS, DUTIES OF GOVERNOR AND LOCAL ORGANIZATIONS​

12.21 GOVERNOR.​ Subdivision 1. General authority. The governor (1) has general direction and control of emergency​ management, (2) may carry out the provisions of this chapter, and (3) during a national security emergency​ declared as existing under section 12.31, during the existence of an energy supply emergency as declared​ under section 216C.15, or during the existence of an emergency resulting from an incident at a nuclear power​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.21​ MINNESOTA STATUTES 2019​ 8​ plant that poses a radiological or other health hazard, may assume direct operational control over all or any​ part of the emergency management functions within this state.​ Subd. 2. Cooperation. In performing duties under this chapter, the governor may cooperate with the​ federal government, with other states, with Canadian provinces, and with private agencies, in all matters​ pertaining to the 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 may:​ (1) 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 by this section, with due consideration of​ the plans of the federal government and without complying with sections 14.001 to 14.69, but no order or​ rule has the effect of law except as provided by section 12.32;​ (2) ensure that a comprehensive emergency operations plan and emergency management program for​ this state are developed and maintained, and are integrated into and coordinated with the emergency plans​ of the federal government and of other states to the fullest possible extent;​ (3) in accordance with the emergency operations plan and the emergency management program of this​ state, procure supplies, equipment, and facilities; institute training programs and public information programs;​ and take all other preparatory steps, including the partial or full activation of emergency management​ organizations in advance of actual disaster to ensure the furnishing of adequately trained and equipped forces​ of emergency management personnel in time of need;​ (4) make studies and surveys of the industries, resources, and facilities in this state as may be necessary​ to ascertain the capabilities of the state for emergency management and to plan for the most efficient​ emergency use of those industries, resources, and facilities;​ (5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements with other​ states, tribal authorities, and Canadian provinces, and coordinate mutual aid plans between political​ subdivisions of this state;​ (6) delegate administrative authority vested in the governor under this chapter, except the power to make​ rules, and provide for the subdelegation of that authority;​ (7) cooperate with the president and the heads of the armed forces, the 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 emergency management of the state and nation, including the​ direction or control of:​ (i) emergency preparedness drills and exercises;​ (ii) warnings and signals for drills or actual emergencies and the mechanical devices to be used in​ connection with them;​ (iii) shutting off water mains, gas mains, electric power connections and the suspension of all other​ utility services;​ (iv) the conduct of persons in the state, including entrance or exit from any stricken or threatened public​ place, occupancy of facilities, and the movement and cessation of movement of pedestrians, vehicular traffic,​ and all forms of private and public transportation during, prior, and subsequent to drills or actual emergencies;​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 9​ MINNESOTA STATUTES 2019​ 12.22​ (v) public meetings or gatherings; and​ (vi) the evacuation, reception, and sheltering of persons;​ (8) contribute to a political subdivision, within the limits of the appropriation for that purpose, not more​ than 25 percent of the cost of acquiring organizational equipment that meets standards established by the​ governor;​ (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, and materials for national defense and war or for use in any war industry, for​ the conservation of critical materials, or for emergency management purposes; and coordinate the activities​ of the departments or agencies of the state and its political subdivisions concerned directly or indirectly with​ public highways and streets, in a manner that will best effectuate those plans;​ (10) alter or adjust by executive order, without complying with sections 14.01 to 14.69, the working​ hours, workdays 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 the alterations or adjustments to existing state laws, rules, and collective​ bargaining agreements to the extent practicable;​ (11) authorize the commissioner of education to alter school schedules, curtail school activities, or order​ schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and including charter schools​ under chapter 124E, and elementary schools enrolling prekindergarten pupils in district programs; and​ (12) transfer the direction, personnel, or functions of state agencies to perform or facilitate response and​ recovery programs.​ Subd. 4. Plan review, availability. The governor, or state director as designee, shall ensure the conduct​ of an annual review by state and local officials of the state emergency operations plan specified in the​ licensing of each nuclear power plant. The review must include, but is not 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 operations plan must be published,​ publicized, and distributed to the news media of the affected community and to the appropriate officials of​ affected communities and made available to the general public upon request, at no more than the cost of​ reproduction.​ History: 1951 c 694 s 201; 1961 c 560 s 1; 1963 c 660 s 2; 1969 c 1129 art 1 s 14; 1975 c 204 s 67;​ Ex1979 c 2 s 4-6; 1980 c 611 s 3,4; 1981 c 356 s 248; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444; 1987​ c 312 art 1 s 10 subd 1; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1991 c 199 art 2 s 1; 1Sp1995 c 3 art 16 s​ 13; 1996 c 344 s 9; 1997 c 162 art 1 s 1; 1Sp1997 c 4 art 7 s 1; 1998 c 397 art 11 s 3; 1999 c 86 art 1 s 4;​ 2002 c 402 s 6,21; 1Sp2003 c 9 art 5 s 1; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 14; 1Sp2015​ c 3 art 4 s 10​

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,​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.22​ MINNESOTA STATUTES 2019​ 10​ 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.​ (c) Notwithstanding qualification for volunteer protection under paragraph (a) or (b), a Minnesota​ Responds Medical Reserve Corps volunteer under sections 145A.04 to 145A.06, responding at the request​ of the commissioner of health, must receive state workers' compensation benefits and tort claim defense and​ indemnification as provided in section 145A.06, subdivision 7.​ Subd. 2b. Entity volunteer protections. (a) An entity or an agent acting on behalf of the entity who​ volunteers without compensation or the expectation of compensation to assist a local jurisdiction during an​ emergency or disaster, who previously registers with that jurisdiction, and who is under the direction and​ control of the local jurisdiction is not liable for civil damages or administrative sanctions as a result of​ good-faith acts or omissions by that entity or agent in rendering emergency care, advice, or assistance.​ (b) An entity or an agent acting on behalf of the entity who volunteers without compensation or the​ expectation of compensation to assist the state during an emergency or disaster, who previously registers​ with a state agency, and who is under the direction and control of the state agency is not liable for civil​ damages or administrative sanctions as a result of good-faith acts or omissions by that entity or agent in​ rendering emergency care, advice, or assistance.​ (c) This subdivision does not apply if the entity or agent acts in a willful and wanton or reckless manner​ in providing the care, advice, or assistance.​ 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.​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 11​ MINNESOTA STATUTES 2019​ 12.221​ (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; 2008 c 202 s 1; 2010 c 224 s 2​

12.221 MINNESOTA NATURAL DISASTER ASSISTANCE.​ Subdivision 1. Disaster assistance agreement. The Division of Emergency Management may enter​ into an agreement with the Federal 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.​ Subd. 2. Federal assistance for program. Under the agreement, the Federal 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. Federal money received is appropriated to the state director, who shall report its expenditure to​ the chairs of the house of representatives Ways and Means Committee and the appropriate senate finance​ committee.​ Subd. 4. Subgrant agreements; state share. (a) 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.​ (b) When state funds are used to provide the FEMA Public Assistance Program cost-share requirement​ for a local government, the state director must award a local government 100 percent of the nonfederal share​ of the local government's FEMA Public Assistance Program costs.​ Subd. 5. [Repealed, 1Sp2003 c 1 art 2 s 136]​ Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster assistance contingency​ account is created in the special revenue fund in the state treasury. Money in the disaster assistance​ contingency account is appropriated to the commissioner of public safety to provide:​ (1) cost-share for federal assistance under section 12A.15, subdivision 1;​ (2) state public disaster assistance to eligible applicants under chapter 12B;​ (3) cost-share for federal assistance from the Federal Highway Administration emergency relief program​ under United States Code, title 23, section 125; and​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.221​ MINNESOTA STATUTES 2019​ 12​ (4) cost-share for federal assistance from the United States Department of Agriculture, Natural Resources​ Conservation Service emergency watershed protection program under United States Code, title 16, sections​ 2203 to 2205.​ (b) For appropriations under paragraph (a), clause (1), the amount appropriated is 100 percent of any​ nonfederal share for state agencies, local governments, and utility cooperatives. Money appropriated under​ paragraph (a), clause (1), may be used to pay all or a portion of the nonfederal share for publicly owned​ capital improvement projects.​ (c) For appropriations under paragraph (a), clause (2), the amount appropriated is the amount required​ to pay eligible claims under chapter 12B, as certified by the commissioner of public safety.​ (d) By January 15 of each year, the commissioner of management and budget shall submit a report to​ the chairs and ranking minority members of the house of representatives Ways and Means Committee and​ the senate Finance Committee detailing state disaster assistance appropriations and expenditures under this​ subdivision during the previous calendar year.​ (e) The governor's budget proposal submitted to the legislature under section 16A.11 must include​ recommended appropriations to the disaster assistance contingency account. The governor's appropriation​ recommendations must be informed by the commissioner of public safety's estimate of the amount of money​ that will be necessary to:​ (1) provide 100 percent of the nonfederal share for state agencies, local governments, and utility​ cooperatives that will receive federal financial assistance from FEMA during the next biennium; and​ (2) fully pay all eligible claims under chapter 12B.​ (f) Notwithstanding section 16A.28:​ (1) funds appropriated or transferred to the disaster assistance contingency account do not lapse but​ remain in the account until appropriated; and​ (2) funds appropriated from the disaster assistance contingency account do not lapse and are available​ until expended.​ History: 1978 c 661 s 1; 1987 c 71 s 2; 1993 c 176 s 1; 1996 c 344 s 11; 1997 c 12 art 3 s 1; 1998 c​ 386 art 2 s 9; 2014 c 312 art 7 s 3,4; 2015 c 65 art 7 s 1; 2017 c 95 art 3 s 2​

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 shall utilize the services, equipment, supplies, and facilities of existing departments,​ offices, and agencies of the state and of the political subdivisions of the state to the maximum extent​ practicable. The officers and personnel of the departments, offices, and agencies shall cooperate with and​ extend services and facilities to the governor and to the emergency management organizations of the state​ upon request.​ History: 1951 c 694 s 203; 1996 c 344 s 12​

12.24 REGIONAL DISASTER OFFICES.​ Subdivision 1. Authorization. The state director may create and establish such number of regional​ disaster offices as may be necessary to provide both administrative assistance and operational support​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 13​ MINNESOTA STATUTES 2019​ 12.25​ following a disaster, and with due consideration of the plans of the federal government and of other states.​ The director shall designate staff for each regional disaster office who shall have primary responsibility for​ the organization, administration, and operation of the office.​ Subd. 2. Personnel training, expenses. When the state director considers it necessary to send (1) an​ employee of the Division of Emergency Management or any other individual, whether or not that individual​ is a state employee, to a school, training or indoctrination program, or place for training or indoctrination​ in matter legitimately connected with emergency management, or (2) any individual, whether or not a state​ employee, to any place in this or another state for any purpose connected with emergency management, the​ state director may authorize the payment of travel expenses and reasonable subsistence for the period that​ the employee or other individual is required to remain at the place. These payments must be made from​ money appropriated to the department. Upon certification by the state director of the purpose and amount​ of the payment, the commissioner of management and budget shall pay the amount so certified. The​ stipulations in this section are subject to section 43A.18.​ The state director may devise and formulate a procedure for the processing and certification of travel​ and subsistence expenses that allows the employee or other individual to submit monthly statements of​ expenses incurred during the preceding month.​ History: 1951 c 694 s 204; 1953 c 745 s 6; 1969 c 1129 art 1 s 14; 1973 c 492 s 14; 1974 c 428 s 5;​ 1977 c 410 s 1; 1981 c 210 s 54; 1986 c 444; 1987 c 71 s 2; 1996 c 344 s 13; 2003 c 112 art 2 s 50; 2009​ c 101 art 2 s 109​

12.25 LOCAL ORGANIZATIONS; DIRECTORS, DUTIES.​ Subdivision 1. Political subdivisions; director, responsibilities. Each political subdivision shall establish​ a local organization for emergency management in accordance with the state emergency management​ program, but no town shall establish a local organization for emergency management without approval of​ the state director. Each local organization for emergency management must have a director appointed​ forthwith: in a city by the mayor, 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. The local director is directly responsible​ for the organization, administration, and operation of the local organization for emergency management,​ subject to the direction and control of the local governing body.​ Subd. 2. Counties; director, responsibilities. (a) Each county emergency management organization​ must have a director and one or more deputy directors. They must be appointed by the county board.​ (b) A county organization for emergency management has jurisdiction throughout the county outside​ of a city or of a town that has a local emergency management organization.​ (c) In addition to the other powers granted by this subdivision, county organizations shall:​ (1) coordinate the activities of and may assist in the training of emergency management organizations​ of political subdivisions throughout the county;​ (2) plan for the emergency operations of county government in cooperation with the county attorney,​ who 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 with these activities; and​ (4) expend funds provided by the county board out of general revenue funds for such purposes.​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.25​ MINNESOTA STATUTES 2019​ 14​ Subd. 3. Territorial limits. Each local and county organization for emergency management shall perform​ emergency management functions within the territorial limits of the political subdivision within which it is​ organized and, in addition, shall conduct these functions outside of its territorial limits as may be required​ pursuant to sections 12.23, 12.27, and 12.32 or any other applicable law.​ Subd. 4. [Repealed, 1979 c 65 s 3]​ Subd. 5. Common organization agreements. With approval of the state director, two or more political​ subdivisions may enter into agreements determining the boundaries of the geographic areas of their respective​ emergency management responsibilities or providing for a common emergency management organization,​ which for the purposes of this chapter must be a local emergency management organization.​ History: 1951 c 694 s 205; 1957 c 626 s 1; 1959 c 459 s 1; 1963 c 678 s 2; 1965 c 660 s 2,3; 1973 c​ 123 art 5 s 7; 1Sp1981 c 4 art 1 s 3; 1996 c 344 s 14​

12.26 POLITICAL SUBDIVISIONS; TAXATION, APPROPRIATIONS.​ Subdivision 1. Appropriation for expenses. Each political subdivision may make appropriations in the​ manner provided by law for making appropriations for the ordinary expenses of the political subdivision​ for the payment of expenses of its local organizations for emergency management, and any local contingent​ of the civil air patrol.​ Subd. 2. Power to tax; emergency management expenditures. To provide money for the emergency​ management purposes authorized by this chapter, a political subdivision may levy 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 taxing limitations in an amount as may be necessary to pay expenditures incurred for emergency​ management purposes.​ Subd. 3. Power to tax; organizational equipment. (a) To provide money to purchase organizational​ equipment that is to be paid for in part by the federal government, a political subdivision 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 an amount as may be​ necessary to pay its share of the cost of the organizational equipment, provided that the governor has approved​ the purchase.​ (b) Each political subdivision that has initiated the purchase of organizational equipment may:​ (1) 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) 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) pay the entire cost of organizational equipment from funds derived from tax levies 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 emergency management​ purposes.​ Subd. 4. Power to tax by county. When levied by a county, the taxes authorized in subdivisions 2 and​ 3, respectively, must be spread wholly and exclusively upon property within the portion of the county over​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 15​ MINNESOTA STATUTES 2019​ 12.27​ which the county local organization for 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 that has a local emergency management organization.​ Subd. 5. [Expired]​ Subd. 6. Minneapolis; exception. Notwithstanding the limitation contained in subdivision 2, the limitation​ applicable to the city of Minneapolis 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.​ History: 1951 c 694 s 206; 1955 c 737 s 1; 1961 c 364 s 1; 1969 c 700 s 1-3; 1973 c 123 art 5 s 7; 1973​ c 583 s 1,2; 1994 c 505 art 3 s 1; 1996 c 344 s 15​

12.27 MUTUAL AID, ARRANGEMENTS.​ Subdivision 1. Authority; organizations in Minnesota. The director of each local organization for​ 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 emergency management aid and​ assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be​ consistent with the local emergency operations plan and, in time of emergency, each local organization for​ emergency management and its members shall render assistance in accordance with the provisions of the​ mutual aid arrangements.​ Subd. 2. Authority; organizations in other states. The state director or the director of each local​ organization for emergency management may, subject to the approval of the governor, enter into mutual aid​ arrangements with emergency management agencies or organizations in other states for reciprocal 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 August 1, 1996, the governing​ body of a political subdivision shall designate a city administrator or manager, public safety director, police​ chief, fire chief, public works director, or other officer who, exercising discretion and considering the needs​ of the political subdivision and its inhabitants, may dispatch equipment and personnel as considered necessary​ if 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 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.​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.27​ MINNESOTA STATUTES 2019​ 16​ 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.​ History: 1951 c 694 s 207; 1988 c 422 s 1; 1996 c 344 s 16​

12.28 GOVERNOR'S ORDERS, RULES; ENFORCEMENT.​ Every organization for emergency management established pursuant to this chapter and its officers shall​ execute and enforce orders and rules as may be made by the governor under authority of this chapter or​ section 216C.15. Each organization must have available for inspection at its office all orders and rules made​ by the governor, or under the governor's authority.​ History: 1951 c 694 s 208; Ex1979 c 2 s 7; 1981 c 356 s 248; 1985 c 248 s 70; 1986 c 444; 1987 c 312​ art 1 s 10 subd 1; 1996 c 344 s 17​

12.29 DECLARATION OF LOCAL EMERGENCY.​ 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 may not be​ continued for a period in excess of three days except by or with the consent of the governing body of the​ political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency​ must be given prompt and general publicity and filed promptly by the chief of the local record-keeping​ agency of the political subdivision.​ Subd. 2. Effect of declaration of emergency. A declaration of a local emergency invokes necessary​ portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and​ may authorize aid and assistance 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.​ History: 1976 c 266 s 2; 1986 c 444; 1996 c 344 s 18​

12.301 COMMUNITY DISASTER LOANS; GOVERNOR'S AUTHORITY.​ 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, the governor may apply to the federal government, on behalf of the​ political subdivision, for a loan, and receive and disburse the proceeds of the approved loan to the applicant​ political subdivision.​ (b) The governor may determine the amount needed by an applicant political subdivision to restore or​ resume its governmental functions, and certify that amount to the federal government. No application amount​ may exceed 25 percent of the annual operating budget of the applicant for the fiscal year in which the major​ disaster occurs.​ (c) 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​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 17​ MINNESOTA STATUTES 2019​ 12.31​ disaster, the revenues of the political subdivision are insufficient to meet its operating expenses, including​ additional disaster-related expenses of a municipal operation character.​ History: 1976 c 266 s 3; 1986 c 444; 1996 c 344 s 19​ EMERGENCY POWERS​

12.31 NATIONAL SECURITY OR PEACETIME EMERGENCY; DECLARATION.​ Subdivision 1. Declaration of national security emergency. When information from the President of​ the United States, the Federal Emergency Management Agency, the Department of Defense, or the National​ Warning System indicates the imminence of a national security emergency within the United States, which​ means the several states, the District of Columbia, and the Commonwealth of Puerto Rico, 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 national security emergency exists in all or any part of the state. If the​ legislature is then in regular session or, if it is not, if the governor concurrently with the proclamation​ declaring the emergency issues a call convening immediately both houses of the legislature, the governor​ may exercise for a period not to exceed 30 days the powers and duties conferred and imposed by sections​ 12.31 to 12.37 and 12.381. The lapse of these emergency powers does not, as regards any act occurring or​ committed within the 30-day period, deprive any person, political subdivision, municipal corporation, or​ body politic of any right to compensation or reimbursement that it may have under this chapter.​ Subd. 2. Declaration of peacetime emergency. (a) The governor may declare a peacetime emergency.​ A peacetime declaration of emergency may be declared only when an act of nature, a technological failure​ or malfunction, a terrorist incident, an industrial accident, a hazardous materials accident, or a civil disturbance​ endangers life and property and local government resources are inadequate to handle the situation. If the​ peacetime emergency occurs on Indian lands, the governor or state director of emergency management shall​ consult with tribal authorities before the governor makes such a declaration. Nothing in this section shall​ be construed to limit the governor's authority to act without such consultation when the situation calls for​ prompt and timely action. When the governor declares a peacetime emergency, the governor must immediately​ notify the majority and minority leaders of the senate and the speaker and majority and minority leaders of​ the house of representatives. A peacetime emergency must not be continued for more than five days unless​ extended by resolution of the Executive Council up to 30 days. An order, or proclamation declaring,​ continuing, or terminating an emergency must be given prompt and general publicity and filed with the​ secretary of state.​ (b) By majority vote of each house of the legislature, the legislature may terminate a peacetime emergency​ extending beyond 30 days. If the governor determines a need to extend the peacetime emergency declaration​ beyond 30 days and the legislature is not sitting in session, the governor must issue a call immediately​ convening both houses of the legislature. Nothing in this section limits the governor's authority over or​ command of the National Guard as described in the Military Code, chapters 190 to 192A, and required by​ the Minnesota Constitution, article V, section 3.​ Subd. 3. Effect of declaration of peacetime emergency. A declaration of a peacetime emergency in​ accordance with this section authorizes the governor to exercise for a period not to exceed the time specified​ in this section the powers and duties conferred and imposed by this chapter for a peacetime emergency and​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.31​ MINNESOTA STATUTES 2019​ 18​ invokes the necessary portions of the state emergency operations plan developed pursuant to section 12.21,​ subdivision 3, relating to response and recovery aspects and may authorize aid and assistance under the plan.​ History: 1951 c 694 s 301; 1959 c 34 s 1; 1961 c 561 s 5; 1979 c 65 s 2; 1986 c 444; 1996 c 344 s 20;​ 1999 c 250 art 2 s 1; 2001 c 7 s 3; 2002 c 402 s 7-9,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150​ s 5,6,14​

12.311 MS 2004 [Expired, 2002 c 402 s 21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 14]​

12.312 MS 2004 [Expired, 2002 c 402 s 21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 14]​

12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.​ Orders and rules promulgated by the governor under authority of section 12.21, subdivision 3, clause​ (1), when approved by the Executive Council and filed in the Office of the Secretary of State, have, during​ a national security emergency, peacetime emergency, or energy supply emergency, the full force and effect​ of law. 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, is suspended during the period of time and to the extent that the emergency exists.​ History: 1951 c 694 s 302; Ex1979 c 2 s 8; 1985 c 248 s 70; 1996 c 344 s 21; 2002 c 402 s 12,21; 2004​ c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 7,14​

12.33 ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.​ Subdivision 1. Authority of governor. When the public interest requires it because of an imminent​ emergency, the governor may authorize and direct the police, firefighting, health, or other force of a political​ subdivision, called the sending political subdivision, to go to the assistance of another political subdivision,​ called the receiving political subdivision, and to take and use the personnel, equipment, and supplies of the​ sending political subdivision as the governor may direct.​ Subd. 2. Effect. While engaged in the activities described in subdivision 1, the officers and members​ of those forces have the same powers, duties, rights, privileges, and immunities as if they were performing​ like service in the sending political subdivision and are considered to be acting within the scope of and in​ the course of their regular employment, as employees of the sending political subdivision.​ Subd. 3. Reimbursement by local government receiving assistance. The receiving political subdivision​ shall reimburse the sending political subdivision for the supplies used and the compensation paid to the​ officers and members of the forces furnished, during such time as the rendition of aid prevents them from​ performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses​ of the officers and members while so engaged. A claim for loss, damage, or expense in using equipment or​ supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless​ within 90 days after the loss, damage, or expense is sustained or incurred an itemized notice of 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 is the policy of the state to reimburse the sending political​ subdivision for loss or damage to equipment used outside of the corporate limits of the sending political​ subdivision and to reimburse the sending political subdivision for additional expenses incurred in operating​ and maintaining the equipment outside of its corporate limits. A claim for loss, damage, or expense in using​ equipment or for additional expenses incurred in operating or maintaining the equipment must not be allowed​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 19​ MINNESOTA STATUTES 2019​ 12.34​ unless within 90 days after it is sustained or incurred an itemized notice of the claim, verified by an officer​ or employee of the sending political subdivision having knowledge of the facts, is filed with the state director.​ History: 1951 c 694 s 303; 1986 c 444; 1996 c 344 s 22; 1999 c 86 art 1 s 5​

12.331 LOCAL ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.​ Subdivision 1. Authority between political subdivisions. When the public interest requires it because​ of an emergency, a political subdivision may request the assistance of another political subdivision. Upon​ receiving such a request, a political subdivision, called the "sending political subdivision," may go to the​ assistance of the requesting political subdivision, called the "receiving political subdivision." The receiving​ political subdivision may accept and use the personnel, equipment, and supplies of the sending political​ subdivision as agreed upon by both political subdivisions.​ Subd. 2. Responsibility for use of personnel, equipment, supplies. (a) Unless there is a written​ agreement between the political subdivisions establishing the rules for conducting these activities, the​ provisions of paragraphs (b) to (e) shall apply while the political subdivisions are engaged in the activities​ described in subdivision 1.​ (b) For the purposes of worker's compensation insurance, the employees, officers, and members of the​ sending political subdivision have the same powers, duties, rights, privileges, and immunities as if they were​ performing similar services in the sending political subdivision and are considered to be acting within the​ scope of and in the course of their regular employment, as employees of the sending political subdivision.​ (c) For the purposes of chapter 466, the employees and officers of the sending political subdivision are​ deemed to be employees, as defined in section 466.01, subdivision 6, of the receiving political subdivision.​ (d) The sending political subdivision shall be responsible for any damages to its equipment.​ (e) The receiving political subdivision shall reimburse the sending political subdivision for the supplies​ used and the compensation paid to the officers and members of the forces furnished, during the time when​ the rendition of aid prevents them from performing their duties in the sending political subdivision, and for​ the actual travel and maintenance expenses of the officers and members while so engaged. A claim for loss,​ damage, or expense in using equipment or supplies or for additional expenses incurred in operating or​ maintaining them must not be allowed unless within 90 days after the loss, damage, or expense is sustained​ or incurred, an itemized notice of 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. 3. Retroactive effect. Notwithstanding other laws this section is effective retroactive to March​ 29, 1998.​ History: 1998 c 383 s 19​

12.34 ASSISTANCE REQUIRED; COMPENSATION FOR PROPERTY TAKEN; PENALTY.​ Subdivision 1. Emergency powers. When necessary to save life, property, or the environment during​ a national security emergency or during a peacetime emergency, the governor, the state director, or a member​ of a class of members of a state or local emergency management organization designated by the governor,​ may:​ (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 emergency management purposes as directed by any of​ the persons described above; and​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.34​ MINNESOTA STATUTES 2019​ 20​ (2) commandeer, for emergency management purposes as directed by any of the persons described​ above, any motor vehicles, tools, appliances, medical supplies, or other personal property and any facilities.​ Subd. 2. Compensation. The owner of commandeered property must be promptly paid just compensation​ for its use and all damages done to the property while so used for emergency management purposes. The​ governor or the governing body of the political subdivision concerned, respectively, according to the use of​ the property, shall make a formal order determining the amount of compensation. The owner may appeal​ to the district court of the county in which the property was commandeered if, within 30 days from the date​ of the order, the owner serves upon the governor or the political subdivision concerned and files with the​ court administrator of the district court a written notice of appeal setting forth the order appealed from and,​ in detail, the amount claimed as compensation. Upon appeal, the issue 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 when necessary to a proper determination of the questions involved.​ The cause must be tried without a jury de novo and the court shall determine the damages and the person​ or persons entitled to them. Except as herein otherwise provided, the trial 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. An able-bodied person required to perform services for emergency management who​ refuses, neglects, or otherwise fails to perform the services required under subdivision 1 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.​ History: 1951 c 694 s 304; 1963 c 660 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 344 s 23; 2002​ c 402 s 13,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 8,14​

12.35 ACTIVATING EMERGENCY RESPONSE PERSONNEL.​ Subdivision 1. [Repealed by amendment, 1996 c 344 s 24]​ Subd. 2. Personnel rights, duties, privileges. Emergency response personnel, while activated by the​ state, are considered state employees and have the powers, duties, rights, privileges, and immunities provided​ by law for the employees of this state.​ 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 the political subdivision while they are activated by the state director as emergency response​ personnel. Reimbursement must also be provided for all payments for death, disability, or injury in the​ course of duty, and for all losses of or damage to supplies and equipment of the political subdivision resulting​ from the operations of 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. When emergency management personnel of another state​ render aid in Minnesota pursuant to the orders of the governor of its home state, and upon the request of the​ governor of Minnesota, this state shall reimburse the other state for (1) the compensation paid and actual​ and necessary travel, subsistence, and maintenance expenses of the personnel of the other state while rendering​ aid as emergency management personnel, (2) all payments for death, disability, or injury of those personnel​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 21​ MINNESOTA STATUTES 2019​ 12.36​ incurred in the course of rendering that aid, and (3) all losses of or damage to supplies and equipment of the​ other state, or a governmental subdivision of the other state, resulting from the rendering of aid; provided,​ that the laws of the other state contain provisions substantially similar to this section.​ Subd. 5. [Repealed by amendment, 1996 c 344 s 24]​ History: 1951 c 694 s 305; 1996 c 344 s 24​

12.351 SPECIALIZED EMERGENCY RESPONSE TEAM.​ The state director of the Division of Homeland Security and Emergency Management shall determine​ if, in response to an emergency or disaster, activation of a specialized emergency response team for​ deployment to any political subdivision is in the public interest. If so, the state director may activate a team.​ When activated by the state director, team members not employed by any political subdivision struck by​ the emergency or disaster are deemed employees of the state for purposes of workers' compensation and​ tort claim defense and indemnification. The provisions of chapter 176 and other applicable statutes must be​ followed for purposes of calculating workers' compensation benefits.​ History: 2009 c 59 art 5 s 2​

12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.​ (a) The governor, during an emergency or disaster and notwithstanding any other law, may:​ (1) enter into contracts and incur obligations necessary to combat the disaster by protecting the health​ and safety of persons and the safety of property and by providing emergency assistance to the victims of​ the disaster; 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 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 must be promptly filed with the commissioner of management and​ budget, who shall forthwith encumber funds appropriated for the purposes of the contract for the full contract​ liability and certify thereon that the encumbrance has been made.​ History: 1951 c 694 s 306; 1973 c 492 s 14; 1986 c 444; 1996 c 344 s 25; 2009 c 101 art 2 s 109​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.37​ MINNESOTA STATUTES 2019​ 22​

12.37 POLITICAL SUBDIVISION'S POWERS TO FAST PROVIDE EMERGENCY AID.​ During an emergency or disaster, each political subdivision, notwithstanding any statutory or charter​ provision to the contrary, and through its governing body acting within or without the corporate limits of​ the political subdivision, may:​ (1) enter into contracts and incur obligations necessary to combat the disaster by protecting the health​ and safety of persons and property and by providing emergency assistance to the victims of the disaster; 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.​ History: 1951 c 694 s 307; 1957 c 171 s 1; 1996 c 344 s 26; 1999 c 250 art 2 s 2; 2003 c 2 art 1 s 2​

12.38 STATE AGENCIES; TEMPORARY WAIVER OF FEES.​ Notwithstanding any law to the contrary, a state agency as defined in section 16B.01, subdivision 2,​ with the approval of the governor, may waive fees that would otherwise be charged for agency services.​ The waiver of fees must be confined to geographic areas within a presidentially declared disaster area, and​ to the minimum periods of time necessary to deal with the emergency situation. The requirements of sections​ 14.055 and 14.056 do not apply to a waiver made under this section. The agency must promptly report the​ reasons for and the impact of any suspended fees to the chairs of the legislative committees that oversee the​ policy and budgetary affairs of the agency.​ History: 1Sp2001 c 5 art 20 s 1; 2016 c 158 art 1 s 5​

12.381 SAFE DISPOSITION OF DEAD HUMAN BODIES.​ Subdivision 1. Powers for safe disposition. Notwithstanding chapter 149A and Minnesota Rules,​ chapter 4610, in connection with deaths related to a declared emergency, the governor may:​ (1) direct measures to provide for the safe disposition of dead human bodies as may be reasonable and​ necessary for emergency response. Measures may include, but are not limited to, transportation, preparation,​ temporary mass burial and other interment, disinterment, and cremation of dead human bodies. Insofar as​ the emergency circumstances allow, the governor shall respect the religious rites, cultural customs, family​ wishes, and predeath directives of a decedent concerning final disposition. The governor may limit visitations​ or funeral ceremonies based on public health risks;​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 23​ MINNESOTA STATUTES 2019​ 12.42​ (2) consult with coroners and medical examiners, take possession or control of any dead human body,​ and order an autopsy of the body; and​ (3) request any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, or​ otherwise provide for disposition of a dead human body under the laws of this state to accept any dead​ human body or provide the use of its business or facility if the actions are reasonable and necessary for​ emergency management purposes and are within the safety precaution capabilities of the business or facility.​ Subd. 2. Identification of bodies; data classification. (a) A person in charge of the body of a person​ believed to have died due to a declared emergency shall maintain a written record of the body and all available​ information to identify the decedent, the circumstances of death, and disposition of the body. If a body​ cannot be identified, a qualified person shall, prior to disposition and to the extent possible, take fingerprints​ and one or more photographs of the remains and collect a DNA specimen from the body.​ (b) All information gathered under this subdivision, other than data required for a death certificate under​ Minnesota Rules, part 4601.2550, shall be death investigation data and shall be classified as nonpublic data​ according to section 13.02, subdivision 9, or as private data on decedents according to section 13.10,​ subdivision 1. Death investigation data are not medical examiner data as defined in section 13.83. Data​ gathered under this subdivision shall be promptly forwarded to the commissioner of health. The commissioner​ may only disclose death investigation data to the extent necessary to assist relatives in identifying decedents​ or for public health or public safety investigations.​ History: 2002 c 402 s 14,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 9,14​

12.39 INDIVIDUAL TREATMENT; NOTICE, REFUSAL, CONSEQUENCE.​ Subdivision 1. Refusal of treatment. Notwithstanding laws, rules, or orders made or promulgated in​ response to a national security emergency or peacetime emergency, individuals have a fundamental right to​ refuse medical treatment, testing, physical or mental examination, vaccination, participation in experimental​ procedures and protocols, collection of specimens, and preventive treatment programs. An individual who​ has been directed by the commissioner of health to submit to medical procedures and protocols because the​ individual is infected with or reasonably believed by the commissioner of health to be infected with or​ exposed to a toxic agent that can be transferred to another individual or a communicable disease, and the​ agent or communicable disease is the basis for which the national security emergency or peacetime emergency​ was declared, and who refuses to submit to them may be ordered by the commissioner to be placed in​ isolation or quarantine according to parameters set forth in sections 144.419 and 144.4195.​ Subd. 2. Information given. Before performing examinations, testing, treatment, or vaccination of an​ individual under subdivision 1, a health care provider shall notify the individual of the right to refuse the​ examination, testing, treatment, or vaccination, and the consequences, including isolation or quarantine,​ upon refusal.​ History: 2002 c 402 s 15,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 10,14​ MISCELLANEOUS PROVISIONS​ 12.41 [Repealed, 1963 c 798 s 16]​

12.42 OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.​ During a declared emergency, a person who holds a license, certificate, or other permit issued by a state​ of the United States, the District of Columbia, or a province of Canada evidencing the meeting of qualifications​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.42​ MINNESOTA STATUTES 2019​ 24​ for professional, mechanical, or other skills, may render aid involving those skills in this state when such​ aid is requested by the governor to meet the needs of the emergency. The license, certificate, or other permit​ of the person, while rendering aid, has the same force and effect as if issued in this state, subject to such​ limitations and conditions as the governor may prescribe.​ History: 1951 c 694 s 402; 1996 c 344 s 27; 2005 c 150 s 11​

12.43 SUBVERSIVES; HIRING, USING; OATH.​ No person may be employed or associated in any capacity in 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 emergency management shall, before entering upon any duties, take an oath, in writing, before a person​ authorized to administer oaths in this state, which 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 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 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."​ History: 1951 c 694 s 403; 1953 c 745 s 1; 1969 c 1129 art 1 s 14; 1974 c 428 s 5; 1986 c 444; 1987​ c 71 s 2; 1996 c 344 s 28​

12.44 POLITICAL ACTIVITIES.​ No organization for emergency management established under the authority of this chapter shall​ participate in any form of political activity, nor be employed directly or indirectly for political purposes,​ nor be employed in a legitimate labor dispute.​ History: 1951 c 694 s 404; 1996 c 344 s 29​

12.45 VIOLATIONS, PENALTIES.​ Unless a different penalty or punishment is specifically prescribed, a person who willfully violates a​ provision of this chapter or 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 must be punished by a fine not to exceed $1,000,​ or by imprisonment for not more than 90 days.​ History: 1951 c 694 s 405; 1985 c 248 s 70; 1996 c 344 s 30; 2004 c 228 art 1 s 72​

12.46 LIMITATION OF POWERS.​ Nothing in this chapter 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​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 25​ MINNESOTA STATUTES 2019​ 12.61​ (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.​ History: 1951 c 694 s 406; 1986 c 444; 1996 c 344 s 31​ 12.51 [Expired]​ 12.52 [Expired]​ 12.53 [Expired]​ 12.56 [Repealed, 1978 c 762 s 9]​ 12.57 [Repealed, 1978 c 762 s 9]​

12.61 TEMPORARY MEDICAL CARE FACILITIES; LIABILITY.​ Subdivision 1. Definitions. For purposes of this section:​ (a) "Emergency plan" includes:​ (i) any plan for managing an emergency threatening public health developed by the commissioner of​ health or a local public health agency;​ (ii) any plan for managing an emergency threatening public health developed by one or more hospitals,​ clinics, nursing homes, or other health care facilities or providers and approved by the commissioner of​ health or local public health agency in consultation with emergency management officials; or​ (iii) any provision for assistance by out-of-state responders under interstate or international compacts,​ including but not limited to the Emergency Management Assistance Compact.​ (b) "Regional hospital system" means all hospitals in one of the hospital bioterrorism preparedness​ program geographic regions of the state set forth in the most recent hospital preparedness plan available on​ the Department of Health website at www.health.state.mn.us/oep.​ (c) "Responder" means any person or organization whether paid or volunteer that provides health care​ or other health-related services in an emergency including, but not limited to, physicians, physician assistants,​ registered and other nurses, certified nursing assistants, or other staff within a health care provider​ organization, pharmacists, chiropractors, dentists, emergency medical technicians, members of a specialized​ medical response unit, laboratory technicians, morticians, registered first responders, mental health​ professionals, hospitals, nursing and boarding care facilities, home health care agencies, other long-term​ care providers, medical and dental clinics, medical laboratories, and ambulance service personnel, dispatch​ services, and persons not registered as first responders but affiliated with a medical response unit and​ dispatched to the scene of an emergency by a public safety answering point or licensed ambulance service.​ Subd. 2. Emergency executive order. (a) During a national security emergency or a peacetime emergency​ declared under section 12.31, the governor may issue an emergency executive order upon finding that the​ number of seriously ill or injured persons exceeds the emergency hospital or medical transport capacity of​ one or more regional hospital systems and that care for those persons has to be given in temporary care​ facilities.​ (b) During the effective period of the emergency executive order, a responder in any impacted region​ acting consistent with emergency plans is not liable for any civil damages or administrative sanctions as a​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​

12.61​ MINNESOTA STATUTES 2019​ 26​ result of good-faith acts or omissions by that responder in rendering emergency care, advice, or assistance.​ This section does not apply in case of malfeasance in office or willful or wanton actions.​ History: 2005 c 150 s 12​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​