1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to emergency management; modifying procedures and requirements for |
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3 | 3 | | 1.3 orders and rules promulgated during a peacetime emergency; amending Minnesota |
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4 | 4 | | 1.4 Statutes 2024, section 12.32. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 12.32, is amended to read: |
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7 | 7 | | 1.7 12.32 GOVERNOR'S ORDERS AND RULES, EFFECT. |
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8 | 8 | | 1.8 Subdivision 1.Force and effect of law.Orders and rules promulgated by the governor |
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9 | 9 | | 1.9under authority of section 12.21, subdivision 3, clause (1), when approved by the Executive |
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10 | 10 | | 1.10Council and filed in the Office of the Secretary of State, have, during a national security |
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11 | 11 | | 1.11emergency, peacetime emergency, or energy supply emergency, the full force and effect of |
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12 | 12 | | 1.12law. Rules and ordinances of any agency or political subdivision of the state inconsistent |
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13 | 13 | | 1.13with the provisions of this chapter or with any order or rule having the force and effect of |
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14 | 14 | | 1.14law issued under the authority of this chapter, is suspended during the period of time and |
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15 | 15 | | 1.15to the extent that the emergency exists. |
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16 | 16 | | 1.16 Subd. 2.Peacetime emergency orders and rules.(a) This subdivision applies to orders |
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17 | 17 | | 1.17and rules promulgated by the governor under authority of section 12.21, subdivision 3, |
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18 | 18 | | 1.18clause (1), during a peacetime emergency declared under section 12.31, subdivision 2. |
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19 | 19 | | 1.19 (b) If an order or rule is promulgated ten or more days after the governor's initial |
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20 | 20 | | 1.20declaration of a peacetime emergency, the governor must: |
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21 | 21 | | 1.21 (1) to the extent practicable, consult organizations representing affected entities before |
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22 | 22 | | 1.22promulgating the order or rule; and |
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23 | 23 | | 1Section 1. |
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24 | 24 | | REVISOR KRB/ES 25-0343402/06/25 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 395 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by Scott02/13/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 (2) provide initial notice of the order or rule to the general public no less than seven |
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33 | 33 | | 2.2days prior to the effective date of the order or rule. An order or rule may take effect sooner |
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34 | 34 | | 2.3than seven days following this initial notice only if an earlier effective date is approved by |
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35 | 35 | | 2.4a majority of the Legislative Coordinating Commission. |
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36 | 36 | | 2.5 (c) The governor must not impose the burden of enforcing an order or rule on a private |
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37 | 37 | | 2.6individual or business without the consent of the individual or business. This paragraph |
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38 | 38 | | 2.7does not prohibit an order or rule from reasonably requiring an affected business to post |
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39 | 39 | | 2.8notice of the order or rule in a conspicuous location on the exterior or interior of the business |
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40 | 40 | | 2.9premises. |
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41 | 41 | | 2.10 (d) An order or rule expires no later than 30 days after its effective date or upon expiration |
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42 | 42 | | 2.11of the peacetime emergency, whichever comes first, unless its continuation is approved by |
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43 | 43 | | 2.12a majority of each house of the legislature. An order or rule approved by both houses of the |
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44 | 44 | | 2.13legislature remains in effect for the period of time specified by the legislature or if the |
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45 | 45 | | 2.14legislature does not specify an earlier expiration date, the expiration of the peacetime |
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46 | 46 | | 2.15emergency. |
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47 | 47 | | 2Section 1. |
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48 | 48 | | REVISOR KRB/ES 25-0343402/06/25 |
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