| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to emergency management; requiring legislative approval to extend a |
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| 3 | 3 | | 1.3 declared emergency beyond five days; protecting citizen rights; requiring legislative |
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| 4 | 4 | | 1.4 enactment before certain executive orders and rules may have the force and effect |
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| 5 | 5 | | 1.5 of law; defining terms; repealing certain criminal penalties; amending Minnesota |
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| 6 | 6 | | 1.6 Statutes 2024, sections 12.03, subdivision 1e, by adding subdivisions; 12.21, |
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| 7 | 7 | | 1.7 subdivision 3; 12.31, subdivisions 2, 3; 12.32; 12.36; 12.61, subdivision 2; repealing |
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| 8 | 8 | | 1.8 Minnesota Statutes 2024, section 12.45. |
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| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 12.03, subdivision 1e, is amended to read: |
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| 11 | 11 | | 1.11 Subd. 1e.Declared emergency."Declared emergency" means a national security |
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| 12 | 12 | | 1.12emergency or peacetime emergency declared by the governor under section 12.31. |
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| 13 | 13 | | 1.13 Sec. 2. Minnesota Statutes 2024, section 12.03, is amended by adding a subdivision to |
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| 14 | 14 | | 1.14read: |
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| 15 | 15 | | 1.15 Subd. 12.Bioterrorism."Bioterrorism" means the intentional use of any microorganism, |
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| 16 | 16 | | 1.16virus, infectious substance, or biological product that may be engineered as a result of |
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| 17 | 17 | | 1.17biotechnology, or any naturally occurring or bioengineered component of any such |
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| 18 | 18 | | 1.18microorganism, virus, infectious substance, or biological product, to cause death, disease, |
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| 19 | 19 | | 1.19or other biological malfunction in a human, an animal, a plant, or another living organism |
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| 20 | 20 | | 1.20in order to influence the conduct of government or to intimidate or coerce a civilian |
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| 21 | 21 | | 1.21population. |
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| 22 | 22 | | 1Sec. 2. |
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| 23 | 23 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 454NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: BAHR, Drazkowski, Eichorn, Mathews and Lucero) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading01/21/2025 |
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| 30 | 30 | | Referred to State and Local Government 2.1 Sec. 3. Minnesota Statutes 2024, section 12.03, is amended by adding a subdivision to |
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| 31 | 31 | | 2.2read: |
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| 32 | 32 | | 2.3 Subd. 13.Public health emergency."Public health emergency" means an occurrence |
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| 33 | 33 | | 2.4or imminent threat of an illness or health condition in Minnesota where: |
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| 34 | 34 | | 2.5 (1) there is evidence to believe the illness or health condition is caused by: |
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| 35 | 35 | | 2.6 (i) bioterrorism; or |
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| 36 | 36 | | 2.7 (ii) the appearance of a new, novel, or previously controlled or eradicated airborne |
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| 37 | 37 | | 2.8infectious agent or airborne biological toxin; and |
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| 38 | 38 | | 2.9 (2) the illness or health condition poses a high probability of any of the following harms: |
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| 39 | 39 | | 2.10 (i) a large number of deaths in the affected population; |
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| 40 | 40 | | 2.11 (ii) a large number of serious or long-term disabilities in the affected population; or |
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| 41 | 41 | | 2.12 (iii) widespread exposure to an airborne infectious or airborne toxic agent that poses a |
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| 42 | 42 | | 2.13significant risk of substantial future harm to a large number of people in the affected |
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| 43 | 43 | | 2.14population. |
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| 44 | 44 | | 2.15 Sec. 4. Minnesota Statutes 2024, section 12.21, subdivision 3, is amended to read: |
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| 45 | 45 | | 2.16 Subd. 3.Specific authority.In performing duties under this chapter and to effect its |
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| 46 | 46 | | 2.17policy and purpose, the governor may: |
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| 47 | 47 | | 2.18 (1) make, amend, and rescind the necessary orders and rules to carry out the provisions |
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| 48 | 48 | | 2.19of this chapter and section 216C.15 within the limits of the authority conferred by this |
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| 49 | 49 | | 2.20section, with due consideration of the plans of the federal government and without complying |
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| 50 | 50 | | 2.21with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided |
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| 51 | 51 | | 2.22by section 12.32; |
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| 52 | 52 | | 2.23 (2) ensure that a comprehensive emergency operations plan and emergency management |
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| 53 | 53 | | 2.24program for this state are developed and maintained, and are integrated into and coordinated |
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| 54 | 54 | | 2.25with the emergency plans of the federal government and of other states to the fullest possible |
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| 55 | 55 | | 2.26extent; |
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| 56 | 56 | | 2.27 (3) in accordance with the emergency operations plan and the emergency management |
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| 57 | 57 | | 2.28program of this state, procure supplies, equipment, and facilities; institute training programs |
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| 58 | 58 | | 2.29and public information programs; and take all other preparatory steps, including the partial |
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| 59 | 59 | | 2.30or full activation of emergency management organizations in advance of actual disaster to |
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| 60 | 60 | | 2Sec. 4. |
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| 61 | 61 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 3.1ensure the furnishing of adequately trained and equipped forces of emergency management |
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| 62 | 62 | | 3.2personnel in time of need; |
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| 63 | 63 | | 3.3 (4) make studies and surveys of the industries, resources, and facilities in this state as |
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| 64 | 64 | | 3.4may be necessary to ascertain the capabilities of the state for emergency management and |
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| 65 | 65 | | 3.5to plan for the most efficient emergency use of those industries, resources, and facilities; |
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| 66 | 66 | | 3.6 (5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements |
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| 67 | 67 | | 3.7with other states, Tribal authorities, and Canadian provinces, and coordinate mutual aid |
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| 68 | 68 | | 3.8plans between political subdivisions of this state; |
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| 69 | 69 | | 3.9 (6) delegate administrative authority vested in the governor under this chapter, except |
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| 70 | 70 | | 3.10the power to make rules, and provide for the subdelegation of that authority; |
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| 71 | 71 | | 3.11 (7) cooperate with the president and the heads of the armed forces, the Emergency |
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| 72 | 72 | | 3.12Management Agency of the United States and other appropriate federal officers and agencies, |
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| 73 | 73 | | 3.13and with the officers and agencies of other states in matters pertaining to the emergency |
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| 74 | 74 | | 3.14management of the state and nation, including the direction or control of: |
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| 75 | 75 | | 3.15 (i) emergency preparedness drills and exercises; |
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| 76 | 76 | | 3.16 (ii) warnings and signals for drills or actual emergencies and the mechanical devices to |
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| 77 | 77 | | 3.17be used in connection with them; |
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| 78 | 78 | | 3.18 (iii) shutting off water mains, gas mains, electric power connections and the suspension |
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| 79 | 79 | | 3.19of all other utility services; |
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| 80 | 80 | | 3.20 (iv) the conduct of persons in the state, including entrance or exit from any stricken or |
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| 81 | 81 | | 3.21threatened public place, occupancy of facilities, and the movement and cessation of |
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| 82 | 82 | | 3.22movement of pedestrians, vehicular traffic, and all forms of private and public transportation |
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| 83 | 83 | | 3.23during, prior, and subsequent to drills or actual emergencies; |
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| 84 | 84 | | 3.24 (v) public meetings or gatherings; and |
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| 85 | 85 | | 3.25 (vi) the evacuation, reception, and sheltering of persons; |
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| 86 | 86 | | 3.26 (8) contribute to a political subdivision, within the limits of the appropriation for that |
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| 87 | 87 | | 3.27purpose, not more than 25 percent of the cost of acquiring organizational equipment that |
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| 88 | 88 | | 3.28meets standards established by the governor; |
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| 89 | 89 | | 3.29 (9) formulate and execute, with the approval of the Executive Council, plans and rules |
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| 90 | 90 | | 3.30for the control of traffic in order to provide for the rapid and safe movement over public |
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| 91 | 91 | | 3.31highways and streets of troops, vehicles of a military nature, and materials for national |
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| 92 | 92 | | 3.32defense and war or for use in any war industry, for the conservation of critical materials, or |
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| 93 | 93 | | 3Sec. 4. |
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| 94 | 94 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 4.1for emergency management purposes; and coordinate the activities of the departments or |
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| 95 | 95 | | 4.2agencies of the state and its political subdivisions concerned directly or indirectly with |
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| 96 | 96 | | 4.3public highways and streets, in a manner that will best effectuate those plans; |
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| 97 | 97 | | 4.4 (10) alter or adjust by executive order, without complying with sections 14.01 to 14.69, |
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| 98 | 98 | | 4.5the working hours, workdays and work week of, and annual and sick leave provisions and |
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| 99 | 99 | | 4.6payroll laws regarding all state employees in the executive branch as the governor deems |
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| 100 | 100 | | 4.7necessary to minimize the impact of the disaster or emergency, conforming the alterations |
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| 101 | 101 | | 4.8or adjustments to existing state laws, rules, and collective bargaining agreements to the |
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| 102 | 102 | | 4.9extent practicable; |
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| 103 | 103 | | 4.10 (11) authorize the commissioner of education to alter school schedules, curtail school |
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| 104 | 104 | | 4.11activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and |
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| 105 | 105 | | 4.1217, and including charter schools under chapter 124E, and elementary schools enrolling |
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| 106 | 106 | | 4.13prekindergarten pupils in district programs; and |
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| 107 | 107 | | 4.14 (12) transfer the direction, personnel, or functions of state agencies to perform or facilitate |
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| 108 | 108 | | 4.15response and recovery programs. |
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| 109 | 109 | | 4.16 Sec. 5. Minnesota Statutes 2024, section 12.31, subdivision 2, is amended to read: |
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| 110 | 110 | | 4.17 Subd. 2.Declaration of peacetime emergency.(a) The governor may declare a |
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| 111 | 111 | | 4.18peacetime an emergency. A peacetime declaration of emergency may be declared only when |
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| 112 | 112 | | 4.19any of the following endangers life and property and local government resources are |
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| 113 | 113 | | 4.20inadequate to handle the situation: |
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| 114 | 114 | | 4.21 (1) an act of nature; |
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| 115 | 115 | | 4.22 (2) a technological failure or malfunction; |
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| 116 | 116 | | 4.23 (3) a terrorist incident; |
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| 117 | 117 | | 4.24 (4) a cyber attack, including a physical or electronic attack on the state's information |
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| 118 | 118 | | 4.25and telecommunications technology infrastructure, systems, or services; |
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| 119 | 119 | | 4.26 (5) an industrial accident; |
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| 120 | 120 | | 4.27 (6) a hazardous materials accident; or |
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| 121 | 121 | | 4.28 (7) a civil disturbance. |
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| 122 | 122 | | 4.29If the peacetime emergency occurs on Indian lands, the governor or state director of |
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| 123 | 123 | | 4.30emergency management shall consult with tribal authorities before the governor makes such |
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| 124 | 124 | | 4.31a declaration. Nothing in this section shall be construed to limit the governor's authority to |
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| 125 | 125 | | 4Sec. 5. |
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| 126 | 126 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 5.1act without such consultation when the situation calls for prompt and timely action. When |
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| 127 | 127 | | 5.2the governor declares a peacetime an emergency, the governor must immediately notify the |
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| 128 | 128 | | 5.3majority and minority leaders of the senate and the speaker and majority and minority leaders |
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| 129 | 129 | | 5.4of the house of representatives. A peacetime An emergency must not be continued for more |
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| 130 | 130 | | 5.5than five days unless extended by a joint resolution of the Executive Council up to 30 days |
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| 131 | 131 | | 5.6house of representatives and senate. An order, or proclamation declaring, Upon passage of |
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| 132 | 132 | | 5.7both houses of the legislature, the resolution continuing, or terminating an emergency must |
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| 133 | 133 | | 5.8be given prompt and general publicity and filed with the secretary of state. |
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| 134 | 134 | | 5.9 (b) By majority vote of each house of the legislature, the legislature may terminate extend |
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| 135 | 135 | | 5.10a peacetime declared emergency extending beyond to more than 30 days. If the governor |
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| 136 | 136 | | 5.11determines a need to extend the peacetime emergency declaration beyond 30 days and the |
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| 137 | 137 | | 5.12legislature is not sitting in session, the governor must issue a call immediately convening |
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| 138 | 138 | | 5.13both houses of the legislature. If not renewed by the legislature, the governor may not reissue |
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| 139 | 139 | | 5.14a declaration of emergency for the same or similar emergency. Nothing in this section limits |
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| 140 | 140 | | 5.15the governor's authority over or command of the National Guard as described in the Military |
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| 141 | 141 | | 5.16Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section |
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| 142 | 142 | | 5.173. |
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| 143 | 143 | | 5.18 Sec. 6. Minnesota Statutes 2024, section 12.31, subdivision 3, is amended to read: |
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| 144 | 144 | | 5.19 Subd. 3.Effect of declaration of peacetime emergency.(a) A declaration of a peacetime |
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| 145 | 145 | | 5.20emergency in accordance with this section authorizes the governor to exercise for a period |
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| 146 | 146 | | 5.21not to exceed the time specified in this section the powers and duties conferred and imposed |
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| 147 | 147 | | 5.22by this chapter for a peacetime declared emergency and invokes the necessary portions of |
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| 148 | 148 | | 5.23the state emergency operations plan developed pursuant to section 12.21, subdivision 3, |
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| 149 | 149 | | 5.24relating to response and recovery aspects and may authorize aid and assistance under the |
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| 150 | 150 | | 5.25plan. Nothing in this section precludes the governor or the governor's commissioners from |
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| 151 | 151 | | 5.26pursuing all federal funding available. If the state receives federal funding in excess of |
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| 152 | 152 | | 5.27$1,000,000, the money must not be expended without approval of the Legislative Audit |
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| 153 | 153 | | 5.28Commission. An emergency declared in response to bioterrorism or a public health |
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| 154 | 154 | | 5.29emergency is governed by chapter 144. |
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| 155 | 155 | | 5.30 (b) During a declared emergency, the governor and the governor's commissioners must |
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| 156 | 156 | | 5.31not suspend a person's business license for a failure or alleged failure to comply with an |
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| 157 | 157 | | 5.32order or rule promulgated by the governor under authority of section 12.21, subdivision 3, |
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| 158 | 158 | | 5.33clause (1), or violate any right afforded to a person under the state or federal constitution. |
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| 159 | 159 | | 5Sec. 6. |
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| 160 | 160 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 6.1 Sec. 7. Minnesota Statutes 2024, section 12.32, is amended to read: |
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| 161 | 161 | | 6.2 12.32 GOVERNOR'S ORDERS AND RULES, EFFECT. |
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| 162 | 162 | | 6.3 Orders and rules promulgated by the governor under authority of section 12.21, |
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| 163 | 163 | | 6.4subdivision 3, clause (1), when approved by the Executive Council and filed in the Office |
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| 164 | 164 | | 6.5of the Secretary of State, have, during a national security emergency, peacetime declared |
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| 165 | 165 | | 6.6emergency, public health emergency, or energy supply emergency, do not have the full |
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| 166 | 166 | | 6.7force and effect of law unless the content of the order or rule is enacted by the legislature |
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| 167 | 167 | | 6.8into law no later than five days after the order or rule first takes effect and only have effect |
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| 168 | 168 | | 6.9for the duration of the emergency. Rules and ordinances of any agency or political subdivision |
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| 169 | 169 | | 6.10of the state inconsistent with the provisions of this chapter or with any order or rule having |
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| 170 | 170 | | 6.11the force and effect of law issued under the authority of this chapter, is suspended during |
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| 171 | 171 | | 6.12the period of time and to the extent that the emergency exists. |
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| 172 | 172 | | 6.13 Sec. 8. Minnesota Statutes 2024, section 12.36, is amended to read: |
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| 173 | 173 | | 6.14 12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID. |
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| 174 | 174 | | 6.15 (a) The governor, during an emergency or disaster and notwithstanding any other law |
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| 175 | 175 | | 6.16unless otherwise provided by law, may: |
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| 176 | 176 | | 6.17 (1) enter into contracts and incur obligations necessary to combat the disaster by |
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| 177 | 177 | | 6.18protecting the health and safety of persons, the safety of property, and the safety of the |
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| 178 | 178 | | 6.19state's information and telecommunications technology infrastructure, systems, or services, |
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| 179 | 179 | | 6.20and by providing emergency assistance to the victims of the disaster; and |
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| 180 | 180 | | 6.21 (2) exercise the powers vested by this subdivision in the light of the exigencies of the |
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| 181 | 181 | | 6.22disaster without compliance with time-consuming procedures and formalities prescribed |
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| 182 | 182 | | 6.23by law pertaining to: |
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| 183 | 183 | | 6.24 (i) the performance of public work; |
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| 184 | 184 | | 6.25 (ii) entering into contract; |
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| 185 | 185 | | 6.26 (iii) incurring of obligations; |
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| 186 | 186 | | 6.27 (iv) employment of temporary workers; |
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| 187 | 187 | | 6.28 (v) rental of equipment; |
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| 188 | 188 | | 6.29 (vi) purchase of supplies and materials, for example, but not limited to, publication of |
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| 189 | 189 | | 6.30calls for bids; |
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| 190 | 190 | | 6.31 (vii) provisions of the Civil Service Act and rules; |
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| 191 | 191 | | 6Sec. 8. |
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| 192 | 192 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 7.1 (viii) provisions relating to low bids; and |
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| 193 | 193 | | 7.2 (ix) requirements for the budgeting and allotment of funds. |
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| 194 | 194 | | 7.3 (b) All contracts must be in writing, executed on behalf of the state by the governor or |
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| 195 | 195 | | 7.4a person delegated by the governor in writing so to do, and must be promptly filed with the |
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| 196 | 196 | | 7.5commissioner of management and budget, who shall forthwith encumber funds appropriated |
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| 197 | 197 | | 7.6for the purposes of the contract for the full contract liability and certify thereon that the |
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| 198 | 198 | | 7.7encumbrance has been made. |
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| 199 | 199 | | 7.8 Sec. 9. Minnesota Statutes 2024, section 12.61, subdivision 2, is amended to read: |
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| 200 | 200 | | 7.9 Subd. 2.Emergency executive order.(a) During a national security declared emergency |
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| 201 | 201 | | 7.10or a peacetime emergency declared under section 12.31, the governor may issue an |
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| 202 | 202 | | 7.11emergency executive order upon finding that the number of seriously ill or injured persons |
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| 203 | 203 | | 7.12exceeds the emergency hospital or medical transport capacity of one or more regional |
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| 204 | 204 | | 7.13hospital systems and that care for those persons has to be given in temporary care facilities. |
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| 205 | 205 | | 7.14 (b) During the effective period of the emergency executive order, a responder in any |
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| 206 | 206 | | 7.15impacted region acting consistent with emergency plans is not liable for any civil damages |
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| 207 | 207 | | 7.16or administrative sanctions as a result of good-faith acts or omissions by that responder in |
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| 208 | 208 | | 7.17rendering emergency care, advice, or assistance. This section does not apply in case of |
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| 209 | 209 | | 7.18malfeasance in office or willful or wanton actions. |
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| 210 | 210 | | 7.19 Sec. 10. REVISOR INSTRUCTION. |
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| 211 | 211 | | 7.20 The revisor of statutes must renumber the subdivisions in Minnesota Statutes, section |
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| 212 | 212 | | 7.2112.03, in alphabetical order and revise all cross-references accordingly. |
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| 213 | 213 | | 7.22 Sec. 11. REPEALER. |
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| 214 | 214 | | 7.23 Minnesota Statutes 2024, section 12.45, is repealed. |
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| 215 | 215 | | 7Sec. 11. |
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| 216 | 216 | | 25-01724 as introduced01/06/25 REVISOR KRB/MI 12.45 VIOLATIONS, PENALTIES. |
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| 217 | 217 | | Unless a different penalty or punishment is specifically prescribed, a person who willfully |
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| 218 | 218 | | violates a provision of this chapter or a rule or order having the force and effect of law issued under |
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| 219 | 219 | | authority of this chapter is guilty of a misdemeanor and upon conviction must be punished by a |
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| 220 | 220 | | fine not to exceed $1,000, or by imprisonment for not more than 90 days. |
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| 221 | 221 | | 1R |
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| 222 | 222 | | APPENDIX |
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| 223 | 223 | | Repealed Minnesota Statutes: 25-01724 |
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