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HF 28

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/26/2021 06:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to emergency management; protecting citizen rights; specifying citizen
responsibilities; establishing a civil cause of action; defining terms; requiring
legislative approval to extend a declared emergency beyond five days; requiring
legislative approval before certain executive orders and rules may have the force
and effect of law; amending Minnesota Statutes 2020, sections 12.03, subdivision
1e, by adding subdivisions; 12.21, subdivision 3; 12.31, subdivisions 2, 3; 12.32;
12.36; 12.61, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 12; repealing Minnesota Statutes 2020, section 12.45.

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

Section 1. new text beginTITLE.
new text end

new text begin This act shall be known as the "Never Again Bill."
new text end

Sec. 2.

new text begin [12.025] PROTECTION OF CITIZENS' RIGHTS.
new text end

new text begin Nothing in this chapter authorizes the governor or the state director to suspend the rights
of the people within the borders of Minnesota, including but not limited to:
new text end

new text begin (1) the right of free speech;
new text end

new text begin (2) the right to practice one's religion;
new text end

new text begin (3) the right to assemble;
new text end

new text begin (4) the right to keep and bear arms;
new text end

new text begin (5) the freedom of travel; and
new text end

new text begin (6) the right to operate a business lawfully as determined by the laws prior to the
emergency.
new text end

Sec. 3.

new text begin [12.027] CITIZENS' RESPONSIBILITIES IN AN EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Personal responsibility. new text end

new text begin A person exercising any of the rights listed in
section 12.025, or operating a business in contravention of documented public health and
safety guidance through the state and its agents, is advised that any loss or injury to
themselves or others is their responsibility. By exercising their rights, a person assumes
absolute custodial responsibility for the safety of persons who may be adversely affected
by their actions. This liability may extend to other individuals who may come in contact
with the individual or reside in or occupy the same or adjacent premises including invitees,
trespassers, or employees of the individual. This section does not apply to an individual
whose actions were compelled or required by others including a state or federal authority.
new text end

new text begin Subd. 2. new text end

new text begin Cause of action. new text end

new text begin A person who is deemed by the court to be an innocent party
to the actions of another who is exercising the rights in section 12.025 and who is injured,
suffers bodily harm or death, or incurs economic loss or expense, property damage, or any
other compensable loss that could have been avoided by following documented public health
and safety guidance shall have a civil cause of action against the person whose actions
caused the harm. In addition to any other damages authorized by law, the person may be
awarded reasonable attorney fees, expert witness costs, and other costs necessary to bring
the cause of action.
new text end

new text begin Subd. 3. new text end

new text begin Limitation. new text end

new text begin The statute of limitations for an action under this section is two
years from the date of the occurrence of the conduct which gave rise to damages under this
section.
new text end

Sec. 4.

Minnesota Statutes 2020, section 12.03, subdivision 1e, is amended to read:


Subd. 1e.

Declared emergency.

"Declared emergency" means a national security
new text begin emergency new text endor deleted text beginpeacetimedeleted text end emergency declared by the governor under section 12.31.

Sec. 5.

Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Bioterrorism. new text end

new text begin "Bioterrorism" means the intentional use of any microorganism,
virus, infectious substance, or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological product, to cause death, disease,
or other biological malfunction in a human, an animal, a plant, or another living organism
in order to influence the conduct of government or to intimidate or coerce a civilian
population.
new text end

Sec. 6.

Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Public health emergency. new text end

new text begin "Public health emergency" means an occurrence
or imminent threat of an illness or health condition in Minnesota:
new text end

new text begin (1) where there is evidence to believe the illness or health condition is caused by:
new text end

new text begin (i) bioterrorism; or
new text end

new text begin (ii) the appearance of a new, novel, or previously controlled or eradicated airborne
infectious agent or airborne biological toxin; and
new text end

new text begin (2) the illness or health condition poses a high probability of any of the following harms:
new text end

new text begin (i) a large number of deaths in the affected population;
new text end

new text begin (ii) a large number of serious or long-term disabilities in the affected population; or
new text end

new text begin (iii) widespread exposure to an airborne infectious or airborne toxic agent that poses a
significant risk of substantial future harm to a large number of people in the affected
population.
new text end

Sec. 7.

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 14.69deleted text begin, but no order or rule has the effect of law except as provided
by section 12.32
deleted text end;

(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;

(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 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.

Sec. 8.

Minnesota Statutes 2020, section 12.31, subdivision 2, is amended to read:


Subd. 2.

Declaration of deleted text beginpeacetimedeleted text end emergency.

(a) The governor may declare deleted text begina
peacetime
deleted text end new text beginan new text endemergency. A deleted text beginpeacetimedeleted text end declaration of emergency may be declared only when
an act of nature, a technological failure or malfunction, a terrorist incident, an industrial
accident, a hazardous materials accident, or a civil disturbance endangers life and property
and local government resources are inadequate to handle the situation. If the deleted text beginpeacetimedeleted text end
emergency occurs on Indian lands, the governor or state director of emergency management
shall consult with tribal authorities before the governor makes such a declaration. Nothing
in this section shall be construed to limit the governor's authority to act without such
consultation when the situation calls for prompt and timely action. When the governor
declares deleted text begina peacetimedeleted text endnew text begin annew text end emergency, the governor must immediately notify the majority and
minority leaders of the senate and the speaker and majority and minority leaders of the
house of representatives. deleted text beginA peacetimedeleted text endnew text begin Annew text end emergency must not be continued for more than
five days unless extended by new text begina joint new text endresolution of the deleted text beginExecutive Council up to 30 daysdeleted text endnew text begin house
of representatives and senate
new text end. deleted text beginAn order, or proclamation declaring,deleted text endnew text begin Upon passage of both
houses, the resolution
new text end continuingdeleted text begin, or terminatingdeleted text end an emergency must be given prompt and
general publicity and filed with the secretary of state.

(b) By majority vote of each house of the legislature, the legislature may deleted text beginterminatedeleted text endnew text begin extendnew text end
a deleted text beginpeacetimedeleted text end new text begindeclared new text endemergency deleted text beginextending beyonddeleted text end new text beginto more than new text end30 days. If the governor
determines a need to extend the deleted text beginpeacetimedeleted text end emergency declaration beyond 30 days and the
legislature is not sitting in session, the governor must issue a call immediately convening
both houses of the legislature. new text beginIf not renewed by the legislature, the governor may not reissue
a declaration of emergency for the same or similar emergency.
new text endNothing in this section limits
the governor's authority over or command of the National Guard as described in the Military
Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section
3.

Sec. 9.

Minnesota Statutes 2020, section 12.31, subdivision 3, is amended to read:


Subd. 3.

Effect of declaration of deleted text beginpeacetimedeleted text end emergency.

A declaration of deleted text begina peacetimedeleted text end
emergency in accordance with this section authorizes the governor to exercise for a period
not to exceed the time specified in this section the powers and duties conferred and imposed
by this chapter for a deleted text beginpeacetimedeleted text endnew text begin declarednew text end emergency and invokes the necessary portions of
the state emergency operations plan developed pursuant to section 12.21, subdivision 3,
relating to response and recovery aspects and may authorize aid and assistance under the
plan.new text begin Nothing in this section shall preclude the governor or the governor's commissioners
from pursuing all federal funding available. An emergency declared in response to
bioterrorism or a public health emergency is governed by chapter 144.
new text end

Sec. 10.

Minnesota Statutes 2020, section 12.32, is amended to read:


12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

Orders and rules promulgated by the governor under authority of section 12.21,
subdivision 3
, clause (1), deleted text beginwhen approved by the Executive Council and filed in the Office
of the Secretary of State, have,
deleted text end during a deleted text beginnational security emergency, peacetimedeleted text end new text begindeclared
new text end emergency, new text beginpublic health emergency, new text endor energy supply emergency,new text begin do not havenew text end the full
force and effect of lawnew text begin unless passed by the legislature within five days and filed with the
Office of the Secretary of State
new text end. Rules and ordinances of any agency or political subdivision
of the state inconsistent with the provisions of this chapter or with any order or rule having
the force and effect of law issued under the authority of this chapter, is suspended during
the period of time and to the extent that the emergency exists.

Sec. 11.

Minnesota Statutes 2020, section 12.36, is amended to read:


12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.

(a) The governor, during an emergency or disaster and deleted text beginnotwithstanding any other lawdeleted text endnew text begin
unless otherwise provided by law
new text end, may:

(1) enter into contracts and incur obligations necessary to combat the disaster by
protecting the health and safety of persons and the safety of property and by providing
emergency assistance to the victims of the disaster; and

(2) exercise the powers vested by this subdivision in the light of the exigencies of the
disaster without compliance with time-consuming procedures and formalities prescribed
by law pertaining to:

(i) the performance of public work;

(ii) entering into contract;

(iii) incurring of obligations;

(iv) employment of temporary workers;

(v) rental of equipment;

(vi) purchase of supplies and materials, for example, but not limited to, publication of
calls for bids;

(vii) provisions of the Civil Service Act and rules;

(viii) provisions relating to low bids; and

(ix) requirements for the budgeting and allotment of funds.

(b) All contracts must be in writing, executed on behalf of the state by the governor or
a person delegated by the governor in writing so to do, and must be promptly filed with the
commissioner of management and budget, who shall forthwith encumber funds appropriated
for the purposes of the contract for the full contract liability and certify thereon that the
encumbrance has been made.

Sec. 12.

Minnesota Statutes 2020, section 12.61, subdivision 2, is amended to read:


Subd. 2.

Emergency executive order.

(a) During a deleted text beginnational securitydeleted text endnew text begin declarednew text end emergency
deleted text begin or a peacetime emergency declared under section 12.31deleted text end, the governor may issue an
emergency executive order upon finding that the number of seriously ill or injured persons
exceeds the emergency hospital or medical transport capacity of one or more regional
hospital systems and that care for those persons has to be given in temporary care facilities.

(b) During the effective period of the emergency executive order, a responder in any
impacted region acting consistent with emergency plans is not liable for any civil damages
or administrative sanctions as a result of good-faith acts or omissions by that responder in
rendering emergency care, advice, or assistance. This section does not apply in case of
malfeasance in office or willful or wanton actions.

Sec. 13. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the subdivisions in Minnesota Statutes, section
12.03, in alphabetical order and revise all cross-references accordingly.
new text end

Sec. 14. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 12.45, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-04312

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.