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