Minnesota 2025-2026 Regular Session

Minnesota House Bill HF233 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to emergency management; repealing governor's power to declare
3	3	1.3 emergency; establishing a legislative emergency declaration and extension process;
4	4	1.4 repealing governor's authority to adopt orders and expedited rules that have the
5	5	1.5 effect of law during an emergency; protecting citizen rights; making technical
6	6	1.6 corrections; amending Minnesota Statutes 2024, sections 12.03, subdivision 1e;
7	7	1.7 12.21, subdivisions 1, 3; 12.25, subdivision 3; 12.36; 12.45; 12.61, subdivision 2;
8	8	1.8 14.03, subdivision 1; 34A.11, subdivision 6; 35.0661, subdivision 1; 41B.047,
9	9	1.9 subdivision 1; 144.4197; 144E.266; 151.441, subdivisions 12, 13; 270C.34,
10	10	1.10 subdivision 1; 295.50, subdivision 2b; proposing coding for new law in Minnesota
11	11	1.11 Statutes, chapter 12; repealing Minnesota Statutes 2024, sections 4.035, subdivision
12	12	1.12 2; 12.31; 12.32.
13	13	1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
14	14	1.14 Section 1. TITLE.
15	15	1.15 This act may be cited as the "Unilateral Emergency Powers Repeal Act."
16	16	1.16 Sec. 2. [12.025] PROTECTION OF CITIZENS' RIGHTS.
17	17	1.17 Nothing in this chapter authorizes the governor or the state director to:
18	18	1.18 (1) infringe on the rights of the people in the state, including but not limited to:
19	19	1.19 (i) the right of free speech;
20	20	1.20 (ii) the right to exercise religious beliefs;
21	21	1.21 (iii) the right to assemble;
22	22	1.22 (iv) the right to keep and bear arms;
23	23	1.23 (v) the freedom of travel; and
24	24	1Sec. 2.
25	25	REVISOR KRB/HL 25-0076011/27/24
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 233
31	31	NINETY-FOURTH SESSION
32	32	Authored by Roach, Dippel, Niska, Knudsen, Skraba and others01/23/2025
33	33	The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 (vi) the right to operate a business or earn income; or
34	34	2.2 (2) make orders that carry the full force and effect of law, which is a power only granted
35	35	2.3to the legislative department under article IV of the Minnesota Constitution.
36	36	2.4 Sec. 3. Minnesota Statutes 2024, section 12.03, subdivision 1e, is amended to read:
37	37	2.5 Subd. 1e.Declared emergency."Declared emergency" means a national security or
38	38	2.6peacetime emergency declared by the governor legislature under section 12.31 12.315.
39	39	2.7 Sec. 4. Minnesota Statutes 2024, section 12.21, subdivision 1, is amended to read:
40	40	2.8 Subdivision 1.General authority.The governor (1) has general direction and control
41	41	2.9of emergency management, (2) may carry out the provisions of this chapter, and (3) during
42	42	2.10a national security an emergency declared as existing under section 12.31 12.315, during
43	43	2.11the existence of an energy supply emergency as declared under section 216C.15, or during
44	44	2.12the existence of an emergency resulting from an incident at a nuclear power plant that poses
45	45	2.13a radiological or other health hazard, may assume direct operational control over all or any
46	46	2.14part of the emergency management functions within this state.
47	47	2.15 Sec. 5. Minnesota Statutes 2024, section 12.21, subdivision 3, is amended to read:
48	48	2.16 Subd. 3.Specific authority.In performing duties under this chapter and to effect its
49	49	2.17policy and purpose, the governor may:
50	50	2.18 (1) make, amend, and rescind the necessary orders and rules to carry out the provisions
51	51	2.19of this chapter and section 216C.15 within the limits of the authority conferred by this
52	52	2.20section, with due consideration of the plans of the federal government and without complying
53	53	2.21with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided
54	54	2.22by section 12.32;
55	55	2.23 (2) ensure that a comprehensive emergency operations plan and emergency management
56	56	2.24program for this state are developed and maintained, and are integrated into and coordinated
57	57	2.25with the emergency plans of the federal government and of other states to the fullest possible
58	58	2.26extent;
59	59	2.27 (3) in accordance with the emergency operations plan and the emergency management
60	60	2.28program of this state, procure supplies, equipment, and facilities; institute training programs
61	61	2.29and public information programs; and take all other preparatory steps, including the partial
62	62	2.30or full activation of emergency management organizations in advance of actual disaster to
63	63	2Sec. 5.
64	64	REVISOR KRB/HL 25-0076011/27/24 3.1ensure the furnishing of adequately trained and equipped forces of emergency management
65	65	3.2personnel in time of need;
66	66	3.3 (4) make studies and surveys of the industries, resources, and facilities in this state as
67	67	3.4may be necessary to ascertain the capabilities of the state for emergency management and
68	68	3.5to plan for the most efficient emergency use of those industries, resources, and facilities;
69	69	3.6 (5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements
70	70	3.7with other states, tribal authorities, and Canadian provinces, and coordinate mutual aid plans
71	71	3.8between political subdivisions of this state;
72	72	3.9 (6) delegate administrative authority vested in the governor under this chapter, except
73	73	3.10the power to make rules, and provide for the subdelegation of that authority;
74	74	3.11 (7) cooperate with the president and the heads of the armed forces, the Emergency
75	75	3.12Management Agency of the United States and other appropriate federal officers and agencies,
76	76	3.13and with the officers and agencies of other states in matters pertaining to the emergency
77	77	3.14management of the state and nation, including the direction or control of:
78	78	3.15 (i) emergency preparedness drills and exercises;
79	79	3.16 (ii) warnings and signals for drills or actual emergencies and the mechanical devices to
80	80	3.17be used in connection with them;
81	81	3.18 (iii) shutting off water mains, gas mains, electric power connections and the suspension
82	82	3.19of all other utility services;
83	83	3.20 (iv) the conduct of persons in the state, including entrance or exit from any stricken or
84	84	3.21threatened public place, occupancy of facilities, and the movement and cessation of
85	85	3.22movement of pedestrians, vehicular traffic, and all forms of private and public transportation
86	86	3.23during, prior, and subsequent to drills or actual emergencies;
87	87	3.24 (v) public meetings or gatherings; and
88	88	3.25 (vi) the evacuation, reception, and sheltering of persons;
89	89	3.26 (8) contribute to a political subdivision, within the limits of the appropriation for that
90	90	3.27purpose, not more than 25 percent of the cost of acquiring organizational equipment that
91	91	3.28meets standards established by the governor;
92	92	3.29 (9) formulate and execute, with the approval of the Executive Council, plans and rules
93	93	3.30for the control of traffic in order to provide for the rapid and safe movement over public
94	94	3.31highways and streets of troops, vehicles of a military nature, and materials for national
95	95	3.32defense and war or for use in any war industry, for the conservation of critical materials, or
96	96	3Sec. 5.
97	97	REVISOR KRB/HL 25-0076011/27/24 4.1for emergency management purposes; and coordinate the activities of the departments or
98	98	4.2agencies of the state and its political subdivisions concerned directly or indirectly with
99	99	4.3public highways and streets, in a manner that will best effectuate those plans;
100	100	4.4 (10) alter or adjust by executive order, without complying with sections 14.01 to 14.69,
101	101	4.5the working hours, workdays and work week of, and annual and sick leave provisions and
102	102	4.6payroll laws regarding all state employees in the executive branch as the governor deems
103	103	4.7necessary to minimize the impact of the disaster or emergency, conforming the alterations
104	104	4.8or adjustments to existing state laws, rules, and collective bargaining agreements to the
105	105	4.9extent practicable;
106	106	4.10 (11) authorize the commissioner of education to alter school schedules, curtail school
107	107	4.11activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and
108	108	4.1217, and including charter schools under chapter 124E, and elementary schools enrolling
109	109	4.13prekindergarten pupils in district programs; and
110	110	4.14 (12) transfer the direction, personnel, or functions of state agencies to perform or facilitate
111	111	4.15response and recovery programs.
112	112	4.16 Sec. 6. Minnesota Statutes 2024, section 12.25, subdivision 3, is amended to read:
113	113	4.17 Subd. 3.Territorial limits.Each local and county organization for emergency
114	114	4.18management shall perform emergency management functions within the territorial limits
115	115	4.19of the political subdivision within which it is organized and, in addition, shall conduct these
116	116	4.20functions outside of its territorial limits as may be required pursuant to sections 12.23, and
117	117	4.2112.27, and 12.32 or any other applicable law.
118	118	4.22 Sec. 7. [12.315] LEGISLATIVE EMERGENCY DECLARATION.
119	119	4.23 Subdivision 1.Declaration of emergency.(a) The legislature may, by a vote of at least
120	120	4.24two-thirds of each house, declare that an emergency exists in all or any part of the state
121	121	4.25when:
122	122	4.26 (1) information from the President of the United States, the Federal Emergency
123	123	4.27Management Agency, the Department of Defense, or the National Warning System indicates
124	124	4.28the imminence of a national security emergency within the United States, which means the
125	125	4.29several states, the District of Columbia, and the Commonwealth of Puerto Rico, or the
126	126	4.30occurrence within the state of Minnesota of a major disaster from enemy sabotage or other
127	127	4.31hostile action; or
128	128	4Sec. 7.
129	129	REVISOR KRB/HL 25-0076011/27/24 5.1 (2) a disaster caused by an act of nature, a technological failure or malfunction, a terrorist
130	130	5.2incident, an industrial accident, a hazardous materials accident, or a civil disturbance
131	131	5.3endangers life and property and local government resources are inadequate to handle the
132	132	5.4situation.
133	133	5.5 (b) If the legislature is not in session, the governor may convene the legislature and
134	134	5.6request the declaration of an emergency. Only after an emergency is declared by an
135	135	5.7affirmative two-thirds vote of each house may the governor exercise the powers conferred
136	136	5.8under this chapter for a declared emergency. An emergency terminates after five days unless
137	137	5.9extended by a two-thirds vote of each body for up to 30 days.
138	138	5.10 (c) The termination of an emergency and lapse of emergency powers does not deprive
139	139	5.11any person, political subdivision, municipal corporation, or body politic of any right to
140	140	5.12compensation or reimbursement that it may have under this chapter.
141	141	5.13 Subd. 2.Effect of declared emergency.A declaration of emergency in accordance with
142	142	5.14this section authorizes the governor to exercise for a period not to exceed the time specified
143	143	5.15in this section the powers and duties conferred and imposed by this chapter for a declared
144	144	5.16emergency and invokes the necessary portions of the state emergency operations plan
145	145	5.17developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects
146	146	5.18and may authorize aid and assistance under the plan.
147	147	5.19 Sec. 8. Minnesota Statutes 2024, section 12.36, is amended to read:
148	148	5.20 12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.
149	149	5.21 (a) The governor, during an emergency or disaster and notwithstanding any other law,
150	150	5.22may:
151	151	5.23 (1) enter into contracts and incur obligations necessary to combat the disaster by
152	152	5.24protecting the health and safety of persons, the safety of property, and the safety of the
153	153	5.25state's information and telecommunications technology infrastructure, systems, or services,
154	154	5.26and by providing emergency assistance to the victims of the disaster; and
155	155	5.27 (2) exercise the powers vested by this subdivision in the light of the exigencies of the
156	156	5.28disaster without compliance with time-consuming procedures and formalities prescribed
157	157	5.29by law pertaining to:
158	158	5.30 (i) the performance of public work;
159	159	5.31 (ii) entering into contract;
160	160	5.32 (iii) incurring of obligations;
161	161	5Sec. 8.
162	162	REVISOR KRB/HL 25-0076011/27/24 6.1 (iv) employment of temporary workers;
163	163	6.2 (v) rental of equipment;
164	164	6.3 (vi) purchase of supplies and materials, for example, but not limited to, publication of
165	165	6.4calls for bids;
166	166	6.5 (vii) provisions of the Civil Service Act and rules;
167	167	6.6 (viii) provisions relating to low bids; and
168	168	6.7 (ix) requirements for the budgeting and allotment of funds.
169	169	6.8 (b) All contracts must be in writing, executed on behalf of the state by the governor or
170	170	6.9a person delegated by the governor in writing so to do, and must be promptly filed with the
171	171	6.10commissioner of management and budget, who shall forthwith encumber funds appropriated
172	172	6.11for the purposes of the contract for the full contract liability and certify thereon that the
173	173	6.12encumbrance has been made.
174	174	6.13 Sec. 9. Minnesota Statutes 2024, section 12.45, is amended to read:
175	175	6.14 12.45 VIOLATIONS, PENALTIES.
176	176	6.15 Unless a different penalty or punishment is specifically prescribed by law, a person the
177	177	6.16governor or a government agent who willfully violates a provision of this chapter or a rule
178	178	6.17or order having the force and effect of law issued under authority of this chapter is guilty
179	179	6.18of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000,
180	180	6.19or by imprisonment for not more than 90 days.
181	181	6.20 Sec. 10. Minnesota Statutes 2024, section 12.61, subdivision 2, is amended to read:
182	182	6.21 Subd. 2.Emergency executive order.(a) During a national security declared emergency
183	183	6.22or a peacetime emergency declared under section 12.31, the governor may issue an
184	184	6.23emergency executive order upon finding that the number of seriously ill or injured persons
185	185	6.24exceeds the emergency hospital or medical transport capacity of one or more regional
186	186	6.25hospital systems and that care for those persons has to be given in temporary care facilities.
187	187	6.26 (b) During the effective period of the emergency executive order, a responder in any
188	188	6.27impacted region acting consistent with emergency plans is not liable for any civil damages
189	189	6.28or administrative sanctions as a result of good-faith acts or omissions by that responder in
190	190	6.29rendering emergency care, advice, or assistance. This section does not apply in case of
191	191	6.30malfeasance in office or willful or wanton actions.
192	192	6Sec. 10.
193	193	REVISOR KRB/HL 25-0076011/27/24 7.1 Sec. 11. Minnesota Statutes 2024, section 14.03, subdivision 1, is amended to read:
194	194	7.2 Subdivision 1.Generally.The Administrative Procedure Act in sections 14.001 to 14.69
195	195	7.3does not apply to (a) agencies directly in the legislative or judicial branches, (b) emergency
196	196	7.4powers in sections 12.31 12.315 to 12.37, (c) the Department of Military Affairs, (d) the
197	197	7.5Comprehensive Health Association provided in section 62E.10, or (e) the regents of the
198	198	7.6University of Minnesota.
199	199	7.7 Sec. 12. Minnesota Statutes 2024, section 34A.11, subdivision 6, is amended to read:
200	200	7.8 Subd. 6.Emergency response.If the governor legislature declares an emergency order
201	201	7.9under section 12.31 12.315 and if the commissioner finds or has probable cause to believe
202	202	7.10that livestock, food, or a consumer commodity within a specific area is likely to be adulterated
203	203	7.11because of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation
204	204	7.12of section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
205	205	7.13included in the declared emergency. The commissioner shall provide notice to the public
206	206	7.14and to those with custody of the product in as thorough a manner as is practicable under the
207	207	7.15emergency circumstances.
208	208	7.16 Sec. 13. Minnesota Statutes 2024, section 35.0661, subdivision 1, is amended to read:
209	209	7.17 Subdivision 1.Disastrous animal disease outbreaks; declaration of emergency.(a)
210	210	7.18If the board determines that a confirmed case of a disease in this state presents a substantial
211	211	7.19and imminent threat to the state's domestic animal population, it shall certify the case to the
212	212	7.20governor. After receiving certification from the board, the governor may declare an
213	213	7.21emergency under this section for purposes of allowing the board to establish quarantine
214	214	7.22zones of control to protect the health of domestic animals from animal diseases of potentially
215	215	7.23disastrous proportions. The governor may declare an emergency under this section without
216	216	7.24the legislature declaring a peacetime emergency under section 12.31 12.315. A declaration
217	217	7.25under this section may specify that it applies to all or certain units of state or local
218	218	7.26government, must specify the time period for which it applies, and must be filed with the
219	219	7.27secretary of state. This section is in addition to and does not limit authority granted to the
220	220	7.28governor or local government officials by chapter 12 or other law.
221	221	7.29 (b) The board may meet by electronic means without violating state open meeting laws
222	222	7.30for the purpose of declaring that a confirmed case of a disease in this state presents a
223	223	7.31substantial and imminent threat to the state's domestic animal population. If the board meets
224	224	7.32by electronic means for this purpose, it shall comply with the emergency meeting notice
225	225	7Sec. 13.
226	226	REVISOR KRB/HL 25-0076011/27/24 8.1provisions of section 13D.04, subdivision 3, and, to the fullest extent possible, provide
227	227	8.2public and media access to the meeting.
228	228	8.3 Sec. 14. Minnesota Statutes 2024, section 41B.047, subdivision 1, is amended to read:
229	229	8.4 Subdivision 1.Establishment.The authority shall establish and implement a disaster
230	230	8.5recovery loan program to help farmers:
231	231	8.6 (1) clean up, repair, or replace farm structures and septic and water systems, as well as
232	232	8.7replace seed, other crop inputs, feed, and livestock;
233	233	8.8 (2) purchase watering systems, irrigation systems, other drought mitigation systems and
234	234	8.9practices, and feed when drought is the cause of the purchase;
235	235	8.10 (3) restore farmland;
236	236	8.11 (4) replace flocks or livestock, make building improvements, or cover the loss of revenue
237	237	8.12when the replacement, improvements, or loss of revenue is due to the confirmed presence
238	238	8.13of a highly contagious animal disease in a commercial poultry or game flock, or a commercial
239	239	8.14livestock operation, located in Minnesota; or
240	240	8.15 (5) cover the loss of revenue when the revenue loss is due to an infectious human disease
241	241	8.16for which the governor legislature has declared a peacetime emergency under section 12.31
242	242	8.1712.315.
243	243	8.18 Sec. 15. Minnesota Statutes 2024, section 144.4197, is amended to read:
244	244	8.19 144.4197 EMERGENCY VACCINE ADMINISTRATION; LEGEND DRUG.
245	245	8.20 When a mayor, county board chair, or legal successor to such official has declared a
246	246	8.21local emergency under section 12.29 or the governor legislature has declared an emergency
247	247	8.22under section 12.31, subdivision 1 or 2 12.315, or a community health board or its appointed
248	248	8.23agent under chapter 145A has requested the commissioner's assistance in response to an
249	249	8.24event threatening public health in its jurisdiction, the commissioner of health may authorize
250	250	8.25any person, including, but not limited to, any person licensed or otherwise credentialed
251	251	8.26under chapters 144E, 147 to 148, 150A, 151, 153, or 156, to administer vaccinations or
252	252	8.27dispense legend drugs if the commissioner determines that such action is necessary to protect
253	253	8.28the health and safety of the public. The authorization shall be in writing and shall contain
254	254	8.29the categories of persons included in the authorization, any additional training required
255	255	8.30before performance of the vaccination or drug dispensing by such persons, any supervision
256	256	8.31required for performance of the vaccination or drug dispensing, and the duration of the
257	257	8.32authorization. The commissioner may, in writing, extend the scope and duration of the
258	258	8Sec. 15.
259	259	REVISOR KRB/HL 25-0076011/27/24 9.1authorization as the emergency warrants. Any person authorized by the commissioner under
260	260	9.2this section shall not be subject to criminal liability, administrative penalty, professional
261	261	9.3discipline, or other administrative sanction for good faith performance of the vaccination
262	262	9.4or drug dispensing duties assigned according to this section.
263	263	9.5 Sec. 16. Minnesota Statutes 2024, section 144E.266, is amended to read:
264	264	9.6 144E.266 EMERGENCY SUSPENSION OF AMBULANCE SERVICE
265	265	9.7REQUIREMENT .
266	266	9.8 (a) The requirements of sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10,
267	267	9.911, and 13; 144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are suspended:
268	268	9.10 (1) throughout the state during a national security emergency declared under section
269	269	9.1112.31 12.315;
270	270	9.12 (2) in the geographic areas of the state affected during a peacetime emergency declared
271	271	9.13under section 12.31 12.315; and
272	272	9.14 (3) in the geographic areas of the state affected during a local emergency declared under
273	273	9.15section 12.29.
274	274	9.16 (b) For purposes of this section, the geographic areas of the state affected shall include
275	275	9.17geographic areas where one or more ambulance services are providing requested mutual
276	276	9.18aid to the site of the emergency.
277	277	9.19 Sec. 17. Minnesota Statutes 2024, section 151.441, subdivision 12, is amended to read:
278	278	9.20 Subd. 12.Transaction.(a) "Transaction" means the transfer of a product between
279	279	9.21persons in which a change of ownership occurs.
280	280	9.22 (b) The term "transaction" does not include:
281	281	9.23 (1) intracompany distribution of any product between members of an affiliate or within
282	282	9.24a manufacturer;
283	283	9.25 (2) the distribution of a product among hospitals or other health care entities that are
284	284	9.26under common control;
285	285	9.27 (3) the distribution of a drug or an offer to distribute a drug for emergency medical
286	286	9.28reasons, including:
287	287	9.29 (i) a public health emergency declaration pursuant to United States Code, title 42, section
288	288	9.30247d;
289	289	9Sec. 17.
290	290	REVISOR KRB/HL 25-0076011/27/24 10.1 (ii) a national security or peacetime emergency declared by the governor legislature
291	291	10.2pursuant to section 12.31 12.315; or
292	292	10.3 (iii) a situation involving an action taken by the commissioner of health pursuant to
293	293	10.4section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
294	294	10.5for purposes of this paragraph, a drug shortage not caused by a public health emergency
295	295	10.6shall not constitute an emergency medical reason;
296	296	10.7 (4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
297	297	10.8practitioner;
298	298	10.9 (5) the distribution of product samples by a manufacturer or a licensed wholesale
299	299	10.10distributor in accordance with United States Code, title 21, section 353(d);
300	300	10.11 (6) the distribution of blood or blood components intended for transfusion;
301	301	10.12 (7) the distribution of minimal quantities of product by a licensed retail pharmacy to a
302	302	10.13licensed practitioner for office use;
303	303	10.14 (8) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by
304	304	10.15a charitable organization described in United States Code, title 26, section 501(c)(3), to a
305	305	10.16nonprofit affiliate of the organization to the extent otherwise permitted by law;
306	306	10.17 (9) the distribution of a product pursuant to the sale or merger of a pharmacy or
307	307	10.18pharmacies or a wholesale distributor or wholesale distributors, except that any records
308	308	10.19required to be maintained for the product shall be transferred to the new owner of the
309	309	10.20pharmacy or pharmacies or wholesale distributor or wholesale distributors;
310	310	10.21 (10) the dispensing of a product approved under United States Code, title 21, section
311	311	10.22360b(c);
312	312	10.23 (11) transfer of products to or from any facility that is licensed by the Nuclear Regulatory
313	313	10.24Commission or by a state pursuant to an agreement with such commission under United
314	314	10.25States Code, title 42, section 2021;
315	315	10.26 (12) transfer of a combination product that is not subject to approval under United States
316	316	10.27Code, title 21, section 355, or licensure under United States Code, title 42, section 262, and
317	317	10.28that is:
318	318	10.29 (i) a product comprised of a device and one or more other regulated components (such
319	319	10.30as a drug/device, biologic/device, or drug/device/biologic) that are physically, chemically,
320	320	10.31or otherwise combined or mixed and produced as a single entity;
321	321	10Sec. 17.
322	322	REVISOR KRB/HL 25-0076011/27/24 11.1 (ii) two or more separate products packaged together in a single package or as a unit
323	323	11.2and comprised of a drug and device or device and biological product; or
324	324	11.3 (iii) two or more finished medical devices plus one or more drug or biological products
325	325	11.4that are packaged together in a medical convenience kit;
326	326	11.5 (13) the distribution of a medical convenience kit if:
327	327	11.6 (i) the medical convenience kit is assembled in an establishment that is registered with
328	328	11.7the United States Food and Drug Administration as a device manufacturer in accordance
329	329	11.8with United States Code, title 21, section 360(b)(2);
330	330	11.9 (ii) the medical convenience kit does not contain a controlled substance that appears in
331	331	11.10a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
332	332	11.111970, United States Code, title 21, section 801, et seq.;
333	333	11.12 (iii) in the case of a medical convenience kit that includes a product, the person who
334	334	11.13manufactures the kit:
335	335	11.14 (A) purchased the product directly from the pharmaceutical manufacturer or from a
336	336	11.15wholesale distributor that purchased the product directly from the pharmaceutical
337	337	11.16manufacturer; and
338	338	11.17 (B) does not alter the primary container or label of the product as purchased from the
339	339	11.18manufacturer or wholesale distributor; and
340	340	11.19 (iv) in the case of a medical convenience kit that includes a product, the product is:
341	341	11.20 (A) an intravenous solution intended for the replenishment of fluids and electrolytes;
342	342	11.21 (B) a product intended to maintain the equilibrium of water and minerals in the body;
343	343	11.22 (C) a product intended for irrigation or reconstitution;
344	344	11.23 (D) an anesthetic;
345	345	11.24 (E) an anticoagulant;
346	346	11.25 (F) a vasopressor; or
347	347	11.26 (G) a sympathomimetic;
348	348	11.27 (14) the distribution of an intravenous product that, by its formulation, is intended for
349	349	11.28the replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or
350	350	11.29calories, such as dextrose and amino acids;
351	351	11Sec. 17.
352	352	REVISOR KRB/HL 25-0076011/27/24 12.1 (15) the distribution of an intravenous product used to maintain the equilibrium of water
353	353	12.2and minerals in the body, such as dialysis solutions;
354	354	12.3 (16) the distribution of a product that is intended for irrigation, or sterile water, whether
355	355	12.4intended for such purposes or for injection;
356	356	12.5 (17) the distribution of a medical gas as defined in United States Code, title 21, section
357	357	12.6360ddd; or
358	358	12.7 (18) the distribution or sale of any licensed product under United States Code, title 42,
359	359	12.8section 262, that meets the definition of a device under United States Code, title 21, section
360	360	12.9321(h).
361	361	12.10Sec. 18. Minnesota Statutes 2024, section 151.441, subdivision 13, is amended to read:
362	362	12.11 Subd. 13.Wholesale distribution."Wholesale distribution" means the distribution of
363	363	12.12a drug to a person other than a consumer or patient, or receipt of a drug by a person other
364	364	12.13than the consumer or patient, but does not include:
365	365	12.14 (1) intracompany distribution of any drug between members of an affiliate or within a
366	366	12.15manufacturer;
367	367	12.16 (2) the distribution of a drug or an offer to distribute a drug among hospitals or other
368	368	12.17health care entities that are under common control;
369	369	12.18 (3) the distribution of a drug or an offer to distribute a drug for emergency medical
370	370	12.19reasons, including:
371	371	12.20 (i) a public health emergency declaration pursuant to United States Code, title 42, section
372	372	12.21247d;
373	373	12.22 (ii) a national security or peacetime emergency declared by the governor legislature
374	374	12.23pursuant to section 12.31 12.315; or
375	375	12.24 (iii) a situation involving an action taken by the commissioner of health pursuant to
376	376	12.25section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
377	377	12.26for purposes of this paragraph, a drug shortage not caused by a public health emergency
378	378	12.27shall not constitute an emergency medical reason;
379	379	12.28 (4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
380	380	12.29practitioner;
381	381	12.30 (5) the distribution of minimal quantities of a drug by a licensed retail pharmacy to a
382	382	12.31licensed practitioner for office use;
383	383	12Sec. 18.
384	384	REVISOR KRB/HL 25-0076011/27/24 13.1 (6) the distribution of a drug or an offer to distribute a drug by a charitable organization
385	385	13.2to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
386	386	13.3 (7) the purchase or other acquisition by a dispenser, hospital, or other health care entity
387	387	13.4of a drug for use by such dispenser, hospital, or other health care entity;
388	388	13.5 (8) the distribution of a drug by the manufacturer of such drug;
389	389	13.6 (9) the receipt or transfer of a drug by an authorized third-party logistics provider provided
390	390	13.7that such third-party logistics provider does not take ownership of the drug;
391	391	13.8 (10) a common carrier that transports a drug, provided that the common carrier does not
392	392	13.9take ownership of the drug;
393	393	13.10 (11) the distribution of a drug or an offer to distribute a drug by an authorized repackager
394	394	13.11that has taken ownership or possession of the drug and repacks it in accordance with United
395	395	13.12States Code, title 21, section 360eee-1(e);
396	396	13.13 (12) salable drug returns when conducted by a dispenser;
397	397	13.14 (13) the distribution of a collection of finished medical devices, which may include a
398	398	13.15product or biological product, assembled in kit form strictly for the convenience of the
399	399	13.16purchaser or user, referred to in this section as a medical convenience kit, if:
400	400	13.17 (i) the medical convenience kit is assembled in an establishment that is registered with
401	401	13.18the United States Food and Drug Administration as a device manufacturer in accordance
402	402	13.19with United States Code, title 21, section 360(b)(2);
403	403	13.20 (ii) the medical convenience kit does not contain a controlled substance that appears in
404	404	13.21a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
405	405	13.221970, United States Code, title 21, section 801, et seq.;
406	406	13.23 (iii) in the case of a medical convenience kit that includes a product, the person that
407	407	13.24manufactures the kit:
408	408	13.25 (A) purchased such product directly from the pharmaceutical manufacturer or from a
409	409	13.26wholesale distributor that purchased the product directly from the pharmaceutical
410	410	13.27manufacturer; and
411	411	13.28 (B) does not alter the primary container or label of the product as purchased from the
412	412	13.29manufacturer or wholesale distributor; and
413	413	13.30 (iv) in the case of a medical convenience kit that includes a product, the product is:
414	414	13.31 (A) an intravenous solution intended for the replenishment of fluids and electrolytes;
415	415	13Sec. 18.
416	416	REVISOR KRB/HL 25-0076011/27/24 14.1 (B) a product intended to maintain the equilibrium of water and minerals in the body;
417	417	14.2 (C) a product intended for irrigation or reconstitution;
418	418	14.3 (D) an anesthetic;
419	419	14.4 (E) an anticoagulant;
420	420	14.5 (F) a vasopressor; or
421	421	14.6 (G) a sympathomimetic;
422	422	14.7 (14) the distribution of an intravenous drug that, by its formulation, is intended for the
423	423	14.8replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or calories,
424	424	14.9such as dextrose and amino acids;
425	425	14.10 (15) the distribution of an intravenous drug used to maintain the equilibrium of water
426	426	14.11and minerals in the body, such as dialysis solutions;
427	427	14.12 (16) the distribution of a drug that is intended for irrigation, or sterile water, whether
428	428	14.13intended for such purposes or for injection;
429	429	14.14 (17) the distribution of medical gas, as defined in United States Code, title 21, section
430	430	14.15360ddd;
431	431	14.16 (18) facilitating the distribution of a product by providing solely administrative services,
432	432	14.17including processing of orders and payments; or
433	433	14.18 (19) the transfer of a product by a hospital or other health care entity, or by a wholesale
434	434	14.19distributor or manufacturer operating at the direction of the hospital or other health care
435	435	14.20entity, to a repackager described in United States Code, title 21, section 360eee(16)(B), and
436	436	14.21registered under United States Code, title 21, section 360, for the purpose of repackaging
437	437	14.22the drug for use by that hospital, or other health care entity and other health care entities
438	438	14.23that are under common control, if ownership of the drug remains with the hospital or other
439	439	14.24health care entity at all times.
440	440	14.25Sec. 19. Minnesota Statutes 2024, section 270C.34, subdivision 1, is amended to read:
441	441	14.26 Subdivision 1.Authority.(a) The commissioner may abate, reduce, or refund any penalty
442	442	14.27or interest that is imposed by a law administered by the commissioner, or imposed by section
443	443	14.28270.0725, subdivision 1 or 2, or 270.075, subdivision 2, as a result of the late payment of
444	444	14.29tax or late filing of a return, or any part of an additional tax charge under section 289A.25,
445	445	14.30subdivision 2, or 289A.26, subdivision 4, if the failure to timely pay the tax or failure to
446	446	14.31timely file the return is due to reasonable cause, or if the taxpayer is located in a presidentially
447	447	14Sec. 19.
448	448	REVISOR KRB/HL 25-0076011/27/24 15.1declared disaster or in a presidentially declared state of emergency area or in an area declared
449	449	15.2to be in a state of emergency by the governor legislature under section 12.31 12.315.
450	450	15.3 (b) The commissioner shall abate any part of a penalty or additional tax charge under
451	451	15.4section 289A.25, subdivision 2, or 289A.26, subdivision 4, attributable to erroneous advice
452	452	15.5given to the taxpayer in writing by an employee of the department acting in an official
453	453	15.6capacity, if the advice:
454	454	15.7 (1) was reasonably relied on and was in response to a specific written request of the
455	455	15.8taxpayer; and
456	456	15.9 (2) was not the result of failure by the taxpayer to provide adequate or accurate
457	457	15.10information.
458	458	15.11Sec. 20. Minnesota Statutes 2024, section 295.50, subdivision 2b, is amended to read:
459	459	15.12 Subd. 2b.Emergency medical reasons."Emergency medical reasons" means a public
460	460	15.13health emergency declaration pursuant to United States Code, title 42, section 247d; a
461	461	15.14national security or peacetime emergency declared by the governor legislature pursuant to
462	462	15.15section 12.31 12.315; or a situation involving an action by the commissioner of health
463	463	15.16pursuant to section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10,
464	464	15.17except that, for purposes of this subdivision, a drug shortage not caused by a public health
465	465	15.18emergency shall not constitute an emergency medical reason.
466	466	15.19Sec. 21. REPEALER.
467	467	15.20 Minnesota Statutes 2024, sections 4.035, subdivision 2; 12.31; and 12.32, are repealed.
468	468	15Sec. 21.
469	469	REVISOR KRB/HL 25-0076011/27/24 4.035 EXECUTIVE ORDERS.
470	470	Subd. 2.Effective date.An executive order issued pursuant to sections 12.31 to 12.32 or any
471	471	other emergency executive order issued to protect a person from an imminent threat to health and
472	472	safety shall be effective immediately and shall be filed with the secretary of state and published in
473	473	the state register as soon as possible after its issuance. Emergency executive orders shall be identified
474	474	as such in the order. Any other executive order shall be effective upon 15 days after its publication
475	475	in the state register and filing with the secretary of state. The governor shall submit a copy of the
476	476	executive order to the commissioner of administration to facilitate publication in the State Register.
477	477	12.31 NATIONAL SECURITY OR PEACETIME EMERGENCY; DECLARATION.
478	478	Subdivision 1.Declaration of national security emergency.When information from the
479	479	President of the United States, the Federal Emergency Management Agency, the Department of
480	480	Defense, or the National Warning System indicates the imminence of a national security emergency
481	481	within the United States, which means the several states, the District of Columbia, and the
482	482	Commonwealth of Puerto Rico, or the occurrence within the state of Minnesota of a major disaster
483	483	from enemy sabotage or other hostile action, the governor may, by proclamation, declare that a
484	484	national security emergency exists in all or any part of the state. If the legislature is then in regular
485	485	session or, if it is not, if the governor concurrently with the proclamation declaring the emergency
486	486	issues a call convening immediately both houses of the legislature, the governor may exercise for
487	487	a period not to exceed 30 days the powers and duties conferred and imposed by sections 12.31 to
488	488	12.37 and 12.381. The lapse of these emergency powers does not, as regards any act occurring or
489	489	committed within the 30-day period, deprive any person, political subdivision, municipal corporation,
490	490	or body politic of any right to compensation or reimbursement that it may have under this chapter.
491	491	Subd. 2.Declaration of peacetime emergency.(a) The governor may declare a peacetime
492	492	emergency. A peacetime declaration of emergency may be declared only when any of the following
493	493	endangers life and property and local government resources are inadequate to handle the situation:
494	494	(1) an act of nature;
495	495	(2) a technological failure or malfunction;
496	496	(3) a terrorist incident;
497	497	(4) a cyber attack, including a physical or electronic attack on the state's information and
498	498	telecommunications technology infrastructure, systems, or services;
499	499	(5) an industrial accident;
500	500	(6) a hazardous materials accident; or
501	501	(7) a civil disturbance.
502	502	If the peacetime emergency occurs on Indian lands, the governor or state director of emergency
503	503	management shall consult with tribal authorities before the governor makes such a declaration.
504	504	Nothing in this section shall be construed to limit the governor's authority to act without such
505	505	consultation when the situation calls for prompt and timely action. When the governor declares a
506	506	peacetime emergency, the governor must immediately notify the majority and minority leaders of
507	507	the senate and the speaker and majority and minority leaders of the house of representatives. A
508	508	peacetime emergency must not be continued for more than five days unless extended by resolution
509	509	of the Executive Council up to 30 days. An order, or proclamation declaring, continuing, or
510	510	terminating an emergency must be given prompt and general publicity and filed with the secretary
511	511	of state.
512	512	(b) By majority vote of each house of the legislature, the legislature may terminate a peacetime
513	513	emergency extending beyond 30 days. If the governor determines a need to extend the peacetime
514	514	emergency declaration beyond 30 days and the legislature is not sitting in session, the governor
515	515	must issue a call immediately convening both houses of the legislature. Nothing in this section
516	516	limits the governor's authority over or command of the National Guard as described in the Military
517	517	Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section 3.
518	518	Subd. 3.Effect of declaration of peacetime emergency.A declaration of a peacetime emergency
519	519	in accordance with this section authorizes the governor to exercise for a period not to exceed the
520	520	time specified in this section the powers and duties conferred and imposed by this chapter for a
521	521	peacetime emergency and invokes the necessary portions of the state emergency operations plan
522	522	developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects and
523	523	may authorize aid and assistance under the plan.
524	524	1R
525	525	APPENDIX
526	526	Repealed Minnesota Statutes: 25-00760 12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.
527	527	Orders and rules promulgated by the governor under authority of section 12.21, subdivision 3,
528	528	clause (1), when approved by the Executive Council and filed in the Office of the Secretary of State,
529	529	have, during a national security emergency, peacetime emergency, or energy supply emergency,
530	530	the full force and effect of law. Rules and ordinances of any agency or political subdivision of the
531	531	state inconsistent with the provisions of this chapter or with any order or rule having the force and
532	532	effect of law issued under the authority of this chapter, is suspended during the period of time and
533	533	to the extent that the emergency exists.
534	534	2R
535	535	APPENDIX
536	536	Repealed Minnesota Statutes: 25-00760