HF 1008

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2021 02:41pm

A bill for an act
relating to emergency management; modifying emergency authority to close or
alter schools; amending Minnesota Statutes 2020, section 12.21, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 12.

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

Section 1.

Minnesota Statutes 2020, section 12.21, subdivision 3, is amended to read:

Subd. 3.

Specific authority.

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;

(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;

(3) 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;

(4) 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;

(5) 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;

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

(7) 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 new text begin , with the governor's power to
direct or control the conduct of persons with respect to schools limited by section 12.215 new text end ;

(v) public meetings or gatherings; and

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

(8) 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;

(9) 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;

(10) 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;

(11) authorize the commissioner of education new text begin , consistent with section 12.215, new text end 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

(12) transfer the direction, personnel, or functions of state agencies to perform or facilitate
response and recovery programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [12.215] ALTERING OR CLOSING SCHOOLS.
new text end

new text begin (a) The governor must not curtail school activities, order schools closed, or suspend or
modify in-person instructional days for more than 30 cumulative days per school year.
Notwithstanding section 12.32, an order or rule issued under authority of section 12.21,
subdivision 3, to curtail school activities, order schools closed, or suspend or modify
in-person instructional days expires after 30 days unless extended by a majority vote of
each house of the legislature.
new text end

new text begin (b) If the legislature authorizes by law a suspension or modification of instructional days
and practices during a declared emergency, or extends an order or rule under paragraph (a)
that suspends or modifies instructional days and practices, the commissioner of education
must convene a broad group of stakeholders to develop an education plan that recognizes
and embodies local control. The group must include students, parents, teachers,
paraprofessionals, student support personnel, and school administrators including principals
and charter school site leaders. The commissioner of health and other interested state
agencies, including the Board of School Administrators and the Professional Educator
Licensing and Standards Board, must also provide input to the commissioner of education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end