1.1                          A bill for an act 
  1.2             relating to public health; establishing the Minnesota 
  1.3             Emergency Health Powers Act; modifying provisions for 
  1.4             declaring national security and peacetime emergencies; 
  1.5             appropriating money; amending Minnesota Statutes 2000, 
  1.6             sections 12.03, by adding subdivisions; 12.21, 
  1.7             subdivision 3; 12.31, as amended; 12.32; 12.34, 
  1.8             subdivision 1; 13.381, by adding a subdivision; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 144. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [TITLE.] 
  1.13     Sections 1 to 10 may be cited as the "Minnesota Emergency 
  1.14  Health Powers Act."  
  1.15     Sec. 2.  Minnesota Statutes 2000, section 12.03, is amended 
  1.16  by adding a subdivision to read: 
  1.17     Subd. 4d.  [FACILITY.] "Facility" means any real property, 
  1.18  building, structure, or other improvement to real property or 
  1.19  any motor vehicle, rolling stock, aircraft, watercraft, or other 
  1.20  means of transportation. 
  1.21     Sec. 3.  Minnesota Statutes 2000, section 12.03, is amended 
  1.22  by adding a subdivision to read: 
  1.23     Subd. 9a.  [PUBLIC HEALTH EMERGENCY.] "Public health 
  1.24  emergency" means the occurrence or imminent risk of a qualifying 
  1.25  health emergency. 
  1.26     Sec. 4.  Minnesota Statutes 2000, section 12.03, is amended 
  1.27  by adding a subdivision to read: 
  1.28     Subd. 9b.  [QUALIFYING HEALTH EMERGENCY.] "Qualifying 
  2.1   health emergency" means an occurrence or imminent threat of an 
  2.2   illness or health condition in Minnesota that: 
  2.3      (1) is believed to be caused by any of the following: 
  2.4      (i) bioterrorism; 
  2.5      (ii) the appearance of a novel or previously controlled or 
  2.6   eradicated infectious agent or biological toxin; 
  2.7      (iii) a natural disaster; 
  2.8      (iv) a chemical attack or accidental release; or 
  2.9      (v) a nuclear attack or accident; and 
  2.10     (2) poses a high probability of any of the following harms: 
  2.11     (i) a large number of deaths in the affected population; 
  2.12     (ii) a large number of serious or long-term disabilities in 
  2.13  the affected population; or 
  2.14     (iii) widespread exposure to an infectious or toxic agent 
  2.15  that poses a significant risk of substantial future harm to a 
  2.16  large number of people in the affected population. 
  2.17     Sec. 5.  Minnesota Statutes 2000, section 12.21, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  2.20  this chapter and to effect its policy and purpose, the governor 
  2.21  may: 
  2.22     (1) make, amend, and rescind the necessary orders and rules 
  2.23  to carry out the provisions of this chapter and section 216C.15 
  2.24  within the limits of the authority conferred by this section, 
  2.25  with due consideration of the plans of the federal government 
  2.26  and without complying with sections 14.001 to 14.69, but no 
  2.27  order or rule has the effect of law except as provided by 
  2.28  section 12.32; 
  2.29     (2) ensure that a comprehensive emergency operations plan 
  2.30  and emergency management program for this state are developed 
  2.31  and maintained, and are integrated into and coordinated with the 
  2.32  emergency plans of the federal government and of other states to 
  2.33  the fullest possible extent; 
  2.34     (3) in accordance with the emergency operations plan and 
  2.35  the emergency management program of this state, procure supplies 
  2.36  and, equipment, and facilities, institute training programs and 
  3.1   public information programs, and take all other preparatory 
  3.2   steps, including the partial or full activation of emergency 
  3.3   management organizations in advance of actual disaster to ensure 
  3.4   the furnishing of adequately trained and equipped forces of 
  3.5   emergency management personnel in time of need; 
  3.6      (4) make studies and surveys of the industries, resources, 
  3.7   and facilities in this state as may be necessary to ascertain 
  3.8   the capabilities of the state for emergency management and to 
  3.9   plan for the most efficient emergency use of those industries, 
  3.10  resources, and facilities; 
  3.11     (5) on behalf of this state, enter into mutual aid 
  3.12  arrangements or cooperative agreements with other states, tribal 
  3.13  authorities, and with Canadian provinces, and coordinate mutual 
  3.14  aid plans between political subdivisions of this state; 
  3.15     (6) delegate administrative authority vested in the 
  3.16  governor under this chapter, except the power to make rules, and 
  3.17  provide for the subdelegation of that authority; 
  3.18     (7) cooperate with the president and the heads of the armed 
  3.19  forces, the emergency management agency of the United States and 
  3.20  other appropriate federal officers and agencies, and with the 
  3.21  officers and agencies of other states in matters pertaining to 
  3.22  the emergency management of the state and nation, including the 
  3.23  direction or control of: 
  3.24     (i) emergency preparedness drills and exercises; 
  3.25     (ii) warnings and signals for drills or actual emergencies 
  3.26  and the mechanical devices to be used in connection with them; 
  3.27     (iii) shutting off water mains, gas mains, electric power 
  3.28  connections and the suspension of all other utility services; 
  3.29     (iv) the conduct of persons in the state and the movement 
  3.30  and cessation of movement of pedestrians and, vehicular traffic, 
  3.31  and all forms of private and public transportation during, 
  3.32  prior, and subsequent to drills or actual emergencies; 
  3.33     (v) public meetings or gatherings; and 
  3.34     (vi) the evacuation, reception, and sheltering of persons; 
  3.35     (8) contribute to a political subdivision, within the 
  3.36  limits of the appropriation for that purpose, not more than 25 
  4.1   percent of the cost of acquiring organizational equipment that 
  4.2   meets standards established by the governor; 
  4.3      (9) formulate and execute, with the approval of the 
  4.4   executive council, plans and rules for the control of traffic in 
  4.5   order to provide for the rapid and safe movement over public 
  4.6   highways and streets of troops, vehicles of a military 
  4.7   nature, and materials for national defense and war or for use in 
  4.8   any war industry, for the conservation of critical materials, or 
  4.9   for emergency management purposes, and; coordinate the 
  4.10  activities of the departments or agencies of the state and its 
  4.11  political subdivisions concerned directly or indirectly with 
  4.12  public highways and streets, in a manner that will best 
  4.13  effectuate those plans; and prescribe routes, modes of 
  4.14  transportation, and destinations in connection with the 
  4.15  evacuation of people or the provision of emergency services; 
  4.16     (10) alter or adjust by executive order, without complying 
  4.17  with sections 14.01 to 14.69, the working hours, work days and 
  4.18  work week of, and annual and sick leave provisions and payroll 
  4.19  laws regarding all state employees in the executive branch as 
  4.20  the governor deems necessary to minimize the impact of the 
  4.21  disaster or emergency, conforming the alterations or adjustments 
  4.22  to existing state laws, rules, and collective bargaining 
  4.23  agreements to the extent practicable; 
  4.24     (11) authorize the commissioner of children, families, and 
  4.25  learning to alter school schedules, curtail school activities, 
  4.26  or order schools closed without affecting state aid to schools, 
  4.27  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  4.28  and including charter schools under section 124D.10, and 
  4.29  elementary schools enrolling prekindergarten pupils in district 
  4.30  programs; and 
  4.31     (12) transfer the direction, personnel, or functions of 
  4.32  state agencies to perform or facilitate response and recovery 
  4.33  programs. 
  4.34     Sec. 6.  Minnesota Statutes 2000, section 12.31, as amended 
  4.35  by Laws 2001, chapter 7, is amended to read: 
  4.36     12.31 [NATIONAL SECURITY OR PEACETIME EMERGENCY; 
  5.1   DECLARATION.] 
  5.2      Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  5.3   EMERGENCY.] When information from the President of the United 
  5.4   States, the Federal Emergency Management Agency, the Department 
  5.5   of Defense, or the National Warning System indicates the 
  5.6   imminence of a national security emergency within the United 
  5.7   States, which means the several states, the District of 
  5.8   Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  5.9   within the state of Minnesota of a major disaster or public 
  5.10  health emergency from enemy sabotage or other hostile action, 
  5.11  the governor may, by proclamation, declare that a national 
  5.12  security emergency exists in all or any part of the state.  If 
  5.13  the legislature is then in regular session or, if it is not, if 
  5.14  the governor concurrently with the proclamation declaring the 
  5.15  emergency issues a call convening immediately both houses of the 
  5.16  legislature, the governor may exercise for a period not to 
  5.17  exceed 30 days the powers and duties conferred and imposed by 
  5.18  sections 12.31 to 12.37.  The lapse of these emergency powers 
  5.19  does not, as regards any act occurring or committed within the 
  5.20  30-day period, deprive any person, political subdivision, 
  5.21  municipal corporation, or body politic of any right to 
  5.22  compensation or reimbursement that it may have under this 
  5.23  chapter. 
  5.24     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
  5.25  governor may declare a peacetime emergency.  A peacetime 
  5.26  declaration of emergency may be declared only when an act of 
  5.27  nature, a technological failure or malfunction, a terrorist 
  5.28  incident, a public health emergency, an industrial accident, a 
  5.29  hazardous materials accident, or a civil disturbance endangers 
  5.30  life and property and local government resources are inadequate 
  5.31  to handle the situation.  It A peacetime emergency must not be 
  5.32  continued for more than five days unless extended by resolution 
  5.33  of the executive council up to 30 days.  An order, or 
  5.34  proclamation declaring, continuing, or terminating an emergency 
  5.35  must be given prompt and general publicity and filed with the 
  5.36  secretary of state.  
  6.1      Subd. 2a.  [CONSULTATION REQUIRED.] Before declaring a 
  6.2   national security or peacetime emergency due to a public health 
  6.3   emergency, the governor shall consult with the commissioner of 
  6.4   health and may consult with additional public health experts and 
  6.5   other experts as needed.  If the public health emergency is on 
  6.6   Indian lands, the governor shall consult with tribal authorities 
  6.7   before making such a declaration.  Nothing in this section shall 
  6.8   be construed to limit the governor's authority to act without 
  6.9   such consultation when the situation calls for prompt and timely 
  6.10  action. 
  6.11     Subd. 3.  [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A 
  6.12  declaration of a national security or a peacetime emergency due 
  6.13  to a public health emergency invokes the necessary portions of 
  6.14  the state emergency operations plan developed pursuant to 
  6.15  section 12.21, subdivision 3, relating to response and recovery 
  6.16  aspects and may authorize aid and assistance under the plan.  
  6.17     Sec. 7.  Minnesota Statutes 2000, section 12.32, is amended 
  6.18  to read: 
  6.19     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  6.20     Orders and rules promulgated by the governor under 
  6.21  authority of section 12.21, subdivision 3, clause (1), when 
  6.22  approved by the executive council and filed in the office of the 
  6.23  secretary of state, have, during a national security, peacetime, 
  6.24  or energy supply emergency, the full force and effect of law.  
  6.25  Rules and ordinances of any agency or political subdivision of 
  6.26  the state inconsistent with the provisions of this chapter or 
  6.27  with any order or rule having the force and effect of law issued 
  6.28  under the authority of this chapter, is suspended during the 
  6.29  period of time and to the extent that the emergency exists. 
  6.30     Sec. 8.  Minnesota Statutes 2000, section 12.34, 
  6.31  subdivision 1, is amended to read: 
  6.32     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  6.33  life, property, or the environment during a national security 
  6.34  emergency or during a peacetime emergency declared due to a 
  6.35  public health emergency, the governor, the state director, or a 
  6.36  member of a class of members of a state or local emergency 
  7.1   management organization designated by the governor, may: 
  7.2      (1) require any person, except members of the federal or 
  7.3   state military forces and officers of the state or a political 
  7.4   subdivision, to perform services for emergency management 
  7.5   purposes as directed by any of the persons described above, and; 
  7.6      (2) commandeer, during a national security emergency, any 
  7.7   motor vehicle, tools, appliances, medical supplies, or other 
  7.8   personal property and any facilities; and 
  7.9      (3) control entrance to and exit from any stricken or 
  7.10  threatened public area, the movement of people in the area, and 
  7.11  the occupancy of premises in the area, if such action is 
  7.12  reasonable and necessary for emergency response. 
  7.13     Sec. 9.  Minnesota Statutes 2000, section 13.381, is 
  7.14  amended by adding a subdivision to read: 
  7.15     Subd. 3a.  [BIOLOGICAL AGENTS REGISTRY.] Data collected or 
  7.16  maintained by the commissioner of health in the biological 
  7.17  agents registry are classified under section 144.1208, 
  7.18  subdivision 4. 
  7.19     Sec. 10.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
  7.20     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
  7.21  health shall establish a registry of all individuals and 
  7.22  entities, including state agencies, in this state that possess 
  7.23  or maintain a biological agent required to be reported under 
  7.24  this section.  The biological agents registry must list the 
  7.25  biological agents possessed or maintained by individuals and 
  7.26  entities in this state and the purposes for which each 
  7.27  biological agent is used. 
  7.28     Subd. 2.  [DEFINITION.] For purposes of this section, 
  7.29  "biological agent" means: 
  7.30     (1) a select agent that is a virus, bacterium, rickettsia, 
  7.31  fungus, or toxin listed in Code of Federal Regulations, title 
  7.32  42, part 72, appendix A; 
  7.33     (2) a genetically modified microorganism or genetic element 
  7.34  from an organism listed in Code of Federal Regulations, title 
  7.35  42, part 72, appendix A, shown to produce or encode for a factor 
  7.36  associated with a disease; or 
  8.1      (3) a genetically modified microorganism or genetic element 
  8.2   that contains nucleic acid sequences coding for any of the 
  8.3   toxins listed in Code of Federal Regulations, title 42, part 72, 
  8.4   appendix A, or their toxic subunits. 
  8.5      Subd. 3.  [REGISTRATION REQUIRED; OTHER REPORT.] (a) Any 
  8.6   individual or entity that possesses or maintains a biological 
  8.7   agent required to be reported under this section must register 
  8.8   with the commissioner on a form prepared by the commissioner, 
  8.9   within seven days after the individual or entity obtains a 
  8.10  biological agent.  When an individual or entity registers with 
  8.11  the commissioner, the individual or entity must: 
  8.12     (1) list all biological agents possessed or maintained by 
  8.13  the individual or entity; 
  8.14     (2) verify that the individual or entity is adequately 
  8.15  equipped to safely handle all biological agents possessed or 
  8.16  maintained; and 
  8.17     (3) describe the uses for which each biological agent is 
  8.18  being possessed or maintained.  
  8.19     (b) An individual or entity registered with the 
  8.20  commissioner must report to the commissioner within 24 hours 
  8.21  after an unauthorized individual or entity gains access or 
  8.22  attempts to gain access to a biological agent possessed or 
  8.23  maintained by the registered individual or entity.  The initial 
  8.24  report may be made orally but must be followed by a written 
  8.25  report if requested by the commissioner. 
  8.26     Subd. 4.  [DATA PRACTICES.] (a) Data collected or 
  8.27  maintained by the commissioner in the biological agents registry 
  8.28  are private data on individuals or nonpublic data as defined in 
  8.29  section 13.02 but may be released as provided in paragraph (b). 
  8.30     (b) The commissioner may release data collected or 
  8.31  maintained by the commissioner in the biological agents registry:
  8.32     (1) for the purpose of aiding or conducting an 
  8.33  epidemiologic investigation of a communicable disease; 
  8.34     (2) to the United States Centers for Disease Control and 
  8.35  Prevention in any investigation involving the release, theft, or 
  8.36  loss of a biological agent required to be reported under this 
  9.1   section; or 
  9.2      (3) to state and federal law enforcement agencies in any 
  9.3   investigation involving the release, theft, loss, or suspended 
  9.4   or attempted misuse of a biological agent required to be 
  9.5   reported under this section. 
  9.6      Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  9.7   with the United States Centers for Disease Control and 
  9.8   Prevention and state and federal law enforcement agencies in any 
  9.9   investigation involving the release, theft, or loss of a 
  9.10  biological agent required to be reported under this section. 
  9.11     Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
  9.12  of up to $1,000 on any person who willfully or knowingly 
  9.13  violates any provision of this section.  Each day of a 
  9.14  continuing violation constitutes a separate offense. 
  9.15     Sec. 11.  [PUBLIC HEALTH EMERGENCY STUDY.] 
  9.16     The commissioner shall consult with representatives of 
  9.17  local and tribal government, emergency managers, health care 
  9.18  provider organizations, emergency medical services, and legal 
  9.19  advocacy/civil liberties groups.  The commissioner shall report 
  9.20  to the legislature by January 15, 2003, with recommendations for 
  9.21  additional changes to Minnesota Statutes, chapters 12 and 145, 
  9.22  or other relevant statutes for the management of emergencies or 
  9.23  protection of public health, in order to strengthen the state's 
  9.24  capacity to deal with a public health emergency while respecting 
  9.25  constitutional rights.  The recommendations shall include:  
  9.26  provisions for immunity for health care providers and others 
  9.27  acting under the direction of the governor or the governor's 
  9.28  designee in a declared public health emergency; how the levels 
  9.29  of risk can be categorized and how the level of perceived risk 
  9.30  relates to emergency response such as measures concerning 
  9.31  dangerous facilities and materials, control of health care 
  9.32  supplies and facilities; measures to detect and prevent the 
  9.33  spread of disease, including testing, treatment, isolation, and 
  9.34  quarantine; and due process protections.  In formulating 
  9.35  recommendations, the commissioner must carefully consider the 
  9.36  implications for constitutional and other liberties of all the 
 10.1   recommendations.  The implications for constitutional and other 
 10.2   liberties must be delineated and described for each 
 10.3   recommendation.  
 10.4      Sec. 12.  [APPROPRIATIONS.] 
 10.5      (a) $1,000,000 is appropriated in fiscal year 2002 from the 
 10.6   general fund to the commissioner of health for terrorism 
 10.7   preparedness in fiscal year 2002.  $2,695,000 is appropriated 
 10.8   from the general fund to the commissioner of health for 
 10.9   terrorism preparedness, including planning, early detection, 
 10.10  training, and response. 
 10.11     (b) $1,695,000 is appropriated in fiscal year 2003 from the 
 10.12  general fund to the commissioner of health for terrorism 
 10.13  preparedness, including planning, early detection, training, and 
 10.14  response.  $1,000,000 is appropriated in fiscal year 2003 from 
 10.15  the general fund to the commissioner of health for grants to 
 10.16  county boards for use by the local public health department for 
 10.17  assessment and planning for terrorism preparedness.  Grants must 
 10.18  be in a base amount of $5,000 to each county board and to each 
 10.19  city-based community health board, with the remainder of the 
 10.20  money distributed to county boards using a per capita served 
 10.21  formula. 
 10.22     (c) Base level funding for terrorism preparedness, 
 10.23  including planning, early detection, training, and response, for 
 10.24  the department of health should be $2,347,000 beginning in 
 10.25  fiscal year 2004.