HF 2809

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/29/2018 04:29pm

A bill for an act
relating to state government; amending provisions related to emergency operations
and the continuity of government; requiring the adoption of emergency operations
and continuity of government plans by the legislative branch, judicial branch, and
state constitutional officers; amending Minnesota Statutes 2016, sections 1.26,
subdivisions 1, 2, 4; 3.303, by adding a subdivision; 12.09, subdivision 2; 12.21,
subdivision 3; 480.15, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 12; repealing Minnesota Statutes 2016, sections 3.93;
3.94; 3.95; 3.96.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 1.26, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Political subdivision defined deleted text end new text begin Definitions new text end .

As used in this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "political subdivision" includes counties, home rule charter and statutory cities,
towns, townships, school districts, authorities, and other public corporations and entities
whether organized and existing under charter or general law new text begin ; and
new text end

new text begin (2) "declared emergency" has the meaning provided in section 12.03, subdivision 1e new text end .

Sec. 2.

Minnesota Statutes 2016, section 1.26, subdivision 2, is amended to read:

Subd. 2.

State government.

When, due to deleted text begin an emergency resulting from the effects of
enemy attack, or the anticipated effects of a threatened enemy attack deleted text end new text begin a declared emergency new text end ,
it becomes imprudent, inexpedient or impossible to conduct the affairs of state government
in the city of St. Paul, Ramsey County, Minnesota, the governor shall, as often as the
exigencies of the situation require, by proclamation, declare an emergency temporary
location, or locations, for the seat of government at a place, or places, in or out of the state
as the governor deems advisable under the circumstances, and shall take action and issue
orders as necessary for an orderly transition of the affairs of state government to the
emergency temporary location, or locations. new text begin To the extent practical, the governor's orders
must be consistent with the state comprehensive emergency operations plan required by
section 12.21, subdivision 3. new text end The emergency temporary location, or locations, shall remain
the seat of government until the legislature by law establishes a new location, or locations,
or until the emergency is declared to be ended by the governor and the seat of government
is returned to its normal location.

Sec. 3.

Minnesota Statutes 2016, section 1.26, subdivision 4, is amended to read:

Subd. 4.

Local governments.

When, due to deleted text begin an emergency resulting from the effects of
enemy attack, or the anticipated effects of a threatened enemy attack deleted text end new text begin a declared emergency
or local emergency new text end , it becomes imprudent, inexpedient or impossible to conduct the affairs
of local government at their regular or usual place or places, the governing body of each
political subdivision of this state may meet at any place in or out of the territorial limits of
the political subdivision on the call of the presiding officer or any two members of the
governing body, and shall designate by ordinance, resolution or other manner, alternate or
substitute places as the emergency temporary location, or locations, of government where
all, or any part, of the public business may be conducted during the emergency situation.
The places may be in or out of the territorial limits of the political subdivision and the state.

Sec. 4.

Minnesota Statutes 2016, section 3.303, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Emergency operations and continuity of the legislative branch. new text end

new text begin The
commission must adopt and regularly review an emergency operations and continuity of
government plan for the legislative branch, as required by section 12.401.
new text end

Sec. 5.

Minnesota Statutes 2016, section 12.09, subdivision 2, is amended to read:

Subd. 2.

State emergency plan.

The division shall develop and maintain a comprehensive
state emergency operations plan and emergency management program in accord with section
12.21, subdivision 3, deleted text begin clause (2) deleted text end new text begin paragraph (b) new text end , and ensure that other state emergency plans
that may be developed are coordinated and consistent with the comprehensive state
emergency operations plan. new text begin The director of the division must provide assistance to the
legislative branch, the judicial branch, and the executive council in developing the plans
required by sections 12.401, 12.402, and 12.403.
new text end

Sec. 6.

Minnesota Statutes 2016, section 12.21, subdivision 3, is amended to read:

Subd. 3.

Specific authority.

new text begin (a) new text end In performing duties under this chapter and to effect its
policy and purpose, the governor may:

(1) make, amend, and rescind the necessary orders and rules to carry out the provisions
of this chapter and section 216C.15 within the limits of the authority conferred by this
section, with due consideration of the plans of the federal government and without complying
with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided
by section 12.32;

deleted text begin (2) ensure that a comprehensive emergency operations plan and emergency management
program for this state are developed and maintained, and are integrated into and coordinated
with the emergency plans of the federal government and of other states to the fullest possible
extent;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end in accordance with the emergency operations plan and the emergency management
program of this state, procure supplies, equipment, and facilities; institute training programs
and public information programs; and take all other preparatory steps, including the partial
or full activation of emergency management organizations in advance of actual disaster to
ensure the furnishing of adequately trained and equipped forces of emergency management
personnel in time of need;

deleted text begin (4) deleted text end new text begin (3) new text end make studies and surveys of the industries, resources, and facilities in this state
as may be necessary to ascertain the capabilities of the state for emergency management
and to plan for the most efficient emergency use of those industries, resources, and facilities;

deleted text begin (5) deleted text end new text begin (4) new text end on behalf of this state, enter into mutual aid arrangements or cooperative
agreements with other states, tribal authorities, and Canadian provinces, and coordinate
mutual aid plans between political subdivisions of this state;

deleted text begin (6) deleted text end new text begin (5) new text end delegate administrative authority vested in the governor under this chapter, except
the power to make rules, and provide for the subdelegation of that authority;

deleted text begin (7) deleted text end new text begin (6) new text end cooperate with the president and the heads of the armed forces, the Emergency
Management Agency of the United States and other appropriate federal officers and agencies,
and with the officers and agencies of other states in matters pertaining to the emergency
management of the state and nation, including the direction or control of:

(i) emergency preparedness drills and exercises;

(ii) warnings and signals for drills or actual emergencies and the mechanical devices to
be used in connection with them;

(iii) shutting off water mains, gas mains, electric power connections and the suspension
of all other utility services;

(iv) the conduct of persons in the state, including entrance or exit from any stricken or
threatened public place, occupancy of facilities, and the movement and cessation of
movement of pedestrians, vehicular traffic, and all forms of private and public transportation
during, prior, and subsequent to drills or actual emergencies;

(v) public meetings or gatherings; and

(vi) the evacuation, reception, and sheltering of persons;

deleted text begin (8) deleted text end new text begin (7) new text end contribute to a political subdivision, within the limits of the appropriation for
that purpose, not more than 25 percent of the cost of acquiring organizational equipment
that meets standards established by the governor;

deleted text begin (9) deleted text end new text begin (8) new text end formulate and execute, with the approval of the Executive Council, plans and
rules for the control of traffic in order to provide for the rapid and safe movement over
public highways and streets of troops, vehicles of a military nature, and materials for national
defense and war or for use in any war industry, for the conservation of critical materials, or
for emergency management purposes; and coordinate the activities of the departments or
agencies of the state and its political subdivisions concerned directly or indirectly with
public highways and streets, in a manner that will best effectuate those plans;

deleted text begin (10) deleted text end new text begin (9) new text end alter or adjust by executive order, without complying with sections 14.01 to
14.69, the working hours, workdays and work week of, and annual and sick leave provisions
and payroll laws regarding all state employees in the executive branch as the governor
deems necessary to minimize the impact of the disaster or emergency, conforming the
alterations or adjustments to existing state laws, rules, and collective bargaining agreements
to the extent practicable;

deleted text begin (11) deleted text end new text begin (10) new text end authorize the commissioner of education to alter school schedules, curtail
school activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11,
13, and 17, and including charter schools under chapter 124E, and elementary schools
enrolling prekindergarten pupils in district programs; and

deleted text begin (12) deleted text end new text begin (11) new text end transfer the direction, personnel, or functions of state agencies to perform or
facilitate response and recovery programs.

new text begin (b) In performing duties under this chapter and to effect its policy and purpose, the
governor must direct the Division of Emergency Management to adopt and maintain a
comprehensive emergency operations plan and emergency management program for this
state that is integrated into and coordinated with the emergency plans of the federal
government and other states to the fullest possible extent. The comprehensive emergency
operations plan must incorporate plans for the secure, continued operation of state
government in the event of a disaster or emergency, including those adopted under sections
12.401, 12.402, and 12.403.
new text end

Sec. 7.

new text begin [12.401] EMERGENCY OPERATIONS AND CONTINUITY PLAN;
LEGISLATIVE BRANCH.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption of the plan required. new text end

new text begin (a) The Legislative Coordinating
Commission must adopt and maintain an emergency operations and continuity of government
plan to ensure the secure, continued operation of the house of representatives, senate, and
joint legislative offices in the event of a disaster, emergency, or declared emergency. In
developing the plan, the commission must consult and cooperate with the state director of
emergency management to ensure the plan's compatibility with the comprehensive state
emergency operations plan and emergency management program. The commission must
also consult with the governor or the governor's designee, and the chief justice of the Supreme
Court or the chief justice's designee, to ensure the plan's compatibility with those adopted
for the judicial branch under section 12.402 and the executive council under section 12.403,
to the extent practical.
new text end

new text begin (b) At a minimum, the commission's plan must address reasonably foreseeable effects
of a disaster, emergency, or declared emergency on the ability of the legislature to perform
its constitutional functions, including but not limited to the following:
new text end

new text begin (1) identification of at least three suitable locations within the state at which the legislature
could conduct operations in the event of a disaster or declared emergency that makes the
State Capitol unsafe or inaccessible, with one location designated as a primary alternate
location and two designated as backup alternate locations if the primary location is unsafe
or inaccessible;
new text end

new text begin (2) plans to provide timely and secure communications regarding a disaster, emergency,
or declared emergency to all affected members and personnel, including alternate methods
of communication if a primary method is unavailable;
new text end

new text begin (3) plans to securely transport all members, designated personnel, and necessary
equipment and records to an alternate location and begin legislative operations at that location
in a timely manner;
new text end

new text begin (4) plans to ensure reasonable public notice of the legislature's operations and access to
its proceedings in-person or by electronic, broadcast, or other means as the circumstances
of the emergency allow;
new text end

new text begin (5) additional procedures, as necessary, to implement the requirements of subdivisions
2 and 3;
new text end

new text begin (6) procedures for the orderly return of legislative operations to the State Capitol, as
soon as circumstances allow; and
new text end

new text begin (7) policy decisions that address any other procedures or protocols recommended for
inclusion by the state director of emergency management.
new text end

new text begin (c) The plan must be adopted and maintained by the Legislative Coordinating Commission
no later than January 30, 2019, and may be subsequently amended at any time. At a minimum,
the plan must be reviewed by the full commission and designated legislative staff no later
than January 30 of each odd-numbered year. A meeting of the commission may be closed
to the public for any of these purposes.
new text end

new text begin (d) Copies of the plan must be filed with the governor, the secretary of state, the state
director of emergency management, and at each of the alternate locations designated in the
plan. Unless otherwise directed by the Legislative Coordinating Commission, the copies of
the plan must be securely maintained and may not be further disclosed to any person except
as required by this chapter, or as necessary to develop and implement the plan's requirements.
To the extent data regarding the plan is held by a government entity, as defined in section
13.02, subdivision 7a, the data are security information under section 13.37.
new text end

new text begin Subd. 2. new text end

new text begin Implementation of plan. new text end

new text begin (a) The governor or the chair of the Legislative
Coordinating Commission may order that the legislature's emergency operations and
continuity of government plan be implemented in whole or in part, if an emergency is
declared or if circumstances indicate a disaster or emergency is occurring or a declared
emergency may be imminent. If a change in location is ordered, the legislature must be
directed to a location designated in the plan, or if those designated locations are unsafe or
inaccessible, to any other location within or outside of the state which the governor or chair
deems safe and accessible. If implementation of the plan is ordered by the chair of the
Legislative Coordinating Commission, the chair must notify the governor and the state
director of emergency management as soon as practicable following implementation.
new text end

new text begin (b) A legislative session convened at an alternate location must be reconvened at the
State Capitol as soon as practical after the capitol is secured and restored to accessibility.
new text end

new text begin Subd. 3. new text end

new text begin Special session at an alternate location; legislative procedure. new text end

new text begin (a) In the
event of a declared emergency, if the legislature is not in session, the governor shall convene
a special session when required by section 12.31, subdivisions 1 and 2.
new text end

new text begin (b) If the governor fails to convene a special session after declaring a national security
emergency, the chair of the Legislative Coordinating Commission shall order implementation
of the legislature's emergency operations and continuity of government plan, and the
legislature shall convene at the State Capitol, or alternate location designated by the plan,
on the first Tuesday after the first Monday more than 30 days after the national security
emergency was declared.
new text end

new text begin (c) At a special session convened at an alternate location due to a disaster, emergency,
or declared emergency, the quorum requirement for the legislature is a majority of the
members of each house who convene for the session. If the affirmative vote of a specified
proportion of members of the legislature would otherwise be required to approve a bill,
resolution, or for any other action, the same proportion of the members of each house
convening at the session is sufficient. At the time the special session convenes, the legislature
shall adopt temporary joint rules as necessary to ensure the orderly conduct of legislative
business in the alternate location, including compliance with the requirements of the
Minnesota Constitution and the rules of parliamentary practice.
new text end

Sec. 8.

new text begin [12.402] EMERGENCY OPERATIONS AND CONTINUITY PLAN;
JUDICIAL BRANCH.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption of plan required. new text end

new text begin (a) The Supreme Court must adopt and
maintain an emergency operations and continuity of government plan to ensure the secure,
continued operation of the judicial branch in the event of a disaster, emergency, or declared
emergency. In developing the plan, the court must consult and cooperate with the state
director of emergency management to ensure the plan's compatibility with the comprehensive
state emergency operations plan and emergency management program. The court must also
consult the governor or the governor's designee, and the chair of the Legislative Coordinating
Commission, or the chair's designee, to ensure the plan's compatibility with those adopted
for the executive council and legislative branch under sections 12.401 and 12.403, to the
extent practical.
new text end

new text begin (b) At a minimum, the Supreme Court's plan must address reasonably foreseeable effects
of a disaster, emergency, or declared emergency, on the ability of the judicial branch to
perform its constitutional functions, including but not limited to the following:
new text end

new text begin (1) identification of at least three suitable locations within the state at which the Supreme
Court, Court of Appeals, and central administrative functions of the judicial branch could
operate in the event of a disaster or declared emergency that make its regular location unsafe
or inaccessible, with one location designated as a primary alternate location and two
designated as backup alternate locations if the primary location is unsafe or inaccessible;
new text end

new text begin (2) plans to provide timely and secure communications regarding a disaster, emergency,
or declared emergency to all affected personnel, including alternate methods of
communication if a primary method is unavailable;
new text end

new text begin (3) plans to securely transport affected justices, judges, designated personnel, and
necessary equipment and records to an alternate location and begin judicial operations at
that location in a timely manner;
new text end

new text begin (4) plans to ensure reasonable public notice of the judicial branch's operations and access
to its proceedings and records in-person or by electronic, broadcast, or other means as the
rules of the court require and the circumstances of the emergency allow;
new text end

new text begin (5) plans to ensure the rights and protections guaranteed by the federal and state
constitutions to criminal defendants, petitioners, and civil litigants are preserved;
new text end

new text begin (6) procedures for the orderly return of judicial branch operations to their regular location,
as soon as circumstances allow; and
new text end

new text begin (7) policy decisions that address any other procedures or protocols recommended for
inclusion by the state director of emergency management.
new text end

new text begin (c) The plan must be adopted and maintained by the Supreme Court no later than January
30, 2019, and may be subsequently amended at any time. At a minimum, the plan must be
reviewed by the justices and judges of the Supreme Court and Court of Appeals, and
designated staff, no later than January 30 of each odd-numbered year.
new text end

new text begin (d) Copies of the plan must be filed with the governor, the secretary of state, the state
director of emergency management, and at each of the alternate locations designated in the
plan. Unless otherwise directed by the court, the copies of the plan must be securely
maintained and may not be further disclosed to any person except as required by this chapter,
or as necessary to develop and implement the plan's requirements. To the extent data
regarding the plan is held by a government entity, as defined in section 13.02, subdivision
7a, the data are security information under section 13.37.
new text end

new text begin Subd. 2. new text end

new text begin Implementation of plan. new text end

new text begin (a) The governor or the chief justice may order that
the judiciary's emergency operations and continuity of government plan be implemented in
whole or in part, if an emergency is declared or if circumstances indicate a disaster or
emergency is occurring or a declared emergency may be imminent. If a change in location
is ordered, the affected personnel must be directed to a location designated in the plan, or
if those designated locations are unsafe or inaccessible, to any other location within or
outside of the state which the governor or chief justice deems safe and accessible. If
implementation of the plan is ordered by the chief justice, the chief justice must notify the
governor and the state director of emergency management as soon as practicable following
implementation.
new text end

new text begin (b) A court convened at an alternate location must be reconvened at its regular location
as soon as practical after the location is secured and restored to accessibility.
new text end

Sec. 9.

new text begin [12.403] EMERGENCY OPERATIONS AND CONTINUITY PLAN;
CONSTITUTIONAL OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption of plan required. new text end

new text begin (a) The executive council must adopt and
maintain an emergency operations and continuity of government plan to ensure the secure,
continued operation of each constitutional office in the event of a disaster, emergency, or
declared emergency. In developing the plan, the council must consult and cooperate with
the state director of emergency management to ensure the plan's compatibility with the
comprehensive state emergency operations plan and emergency management program. The
council must also consult the chair of the Legislative Coordinating Commission or the chair's
designee, and the chief justice of the Supreme Court or the chief justice's designee, to ensure
the plan's compatibility with those adopted for the legislative branch and judicial branch
under sections 12.401 and 12.402, to the extent practical.
new text end

new text begin (b) At a minimum, the council's plan must address reasonably foreseeable effects of a
disaster, emergency, or declared emergency, on the ability of the state constitutional officers
to perform their constitutional functions, including but not limited to the following:
new text end

new text begin (1) identification of at least three suitable locations within the state at which the
constitutional officers could conduct operations in the event of a disaster, emergency, or
declared emergency that make their regular locations unsafe or inaccessible, with one
location designated as a primary alternate location and two designated as backup alternate
locations if the primary location is unsafe or inaccessible;
new text end

new text begin (2) plans to provide timely and secure communications regarding a disaster, emergency,
or declared emergency to all affected constitutional officers and personnel, including alternate
methods of communication if a primary method is unavailable;
new text end

new text begin (3) plans to securely transport all constitutional officers, designated personnel, and
necessary equipment and records to an alternate location and begin operations at that location
in a timely manner;
new text end

new text begin (4) plans to ensure reasonable public notice of each constitutional officer's operations
and access to the officers and records in person or by electronic, broadcast, or other means
as the circumstances of the emergency allow;
new text end

new text begin (5) procedures for the orderly return of operations to the State Capitol, as soon as
circumstances allow; and
new text end

new text begin (6) policy decisions that address any other procedures or protocols recommended for
inclusion by the state director of emergency management.
new text end

new text begin (c) The plan must be adopted no later than January 30, 2019, and may be subsequently
amended at any time. At a minimum, the plan must be reviewed by the executive council
and designated staff no later than January 30 of each odd-numbered year. A meeting of the
council may be closed to the public for any of these purposes.
new text end

new text begin (d) Copies of the plan must be filed with each constitutional officer, the state director
of emergency management, and at each of the alternate locations designated in the plan.
Unless otherwise directed by the executive council, the copies of the plan are security data
under section 13.37, must be securely maintained, and may not be further disclosed to any
person except as required by this chapter, or as necessary to develop and implement its
requirements.
new text end

new text begin Subd. 2. new text end

new text begin Implementation of plan. new text end

new text begin (a) The governor or any constitutional officer, with
respect to that officer's constitutional office, may order that the executive council's emergency
operations and continuity of government plan be implemented in whole or in part, if an
emergency is declared or if circumstances indicate a disaster or emergency is occurring or
a declared emergency may be imminent. If a change in location is ordered, affected personnel
must be directed to a location designated in the plan, or if those designated locations are
unsafe or inaccessible, to any other location within or outside of the state which the governor
or constitutional officer deems safe and accessible. If implementation of the plan is ordered
by a constitutional officer other than the governor, the officer must notify the governor and
the state director of emergency management as soon as practicable following implementation.
new text end

new text begin (b) A constitutional officer's primary office must be returned to its regular location as
soon as practical after that location is secured and restored to accessibility.
new text end

Sec. 10.

Minnesota Statutes 2016, section 480.15, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Emergency operations and continuity of the judicial branch. new text end

new text begin The court
administrator shall assist the Supreme Court in developing an emergency operations and
continuity of government plan, as required by section 12.402.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 3.93; 3.94; 3.95; and 3.96, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2809-1

3.93 DEFINITIONS.

As used in sections 3.93 to 3.96 "attack" means an action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means.

3.94 PLACE OF SESSION.

Whenever, in the event of an attack, or a finding by the executive council that an attack may be imminent, the governor deems the place of the legislative session then prescribed to be unsafe, the governor may change it to any other place within or without the state which the governor deems safe and convenient.

3.95 SPECIAL SESSION IN EVENT OF ATTACK.

In the event of an attack, if the legislature is not in session, the governor shall convene a special session as soon as practicable, but within 30 days after the inception of the attack. If the governor fails to issue the call, the legislature, on the first Tuesday after the first Monday more than 30 days after the inception of the attack, shall convene without call at the place where the governor then maintains official office.

3.96 QUORUM AND VOTE REQUIREMENTS.

In the event of an attack the quorum requirement for the legislature is a majority of the members of each house who convene for the session. If the affirmative vote of a specified proportion of members of the legislature would otherwise be required to approve a bill, resolution, or for any other action, the same proportion of the members of each house convening at the session is sufficient.