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HF 1515

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 01:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; defining public health emergency; clarifying
governor's authority to declare a peacetime emergency for a public health
emergency; terminating executive orders issued during a peacetime emergency
lasting more than 30 days unless ratified by the legislature; modifying vote and
quorum requirements during a peacetime emergency; amending Minnesota Statutes
2020, sections 12.03, by adding a subdivision; 12.31, subdivision 2.

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

Section 1.

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 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 if:
new text end

new text begin (1) 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, 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

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.

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


Subd. 2.

Declaration of peacetime emergency.

(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
an act of nature, a technological failure or malfunction, a terrorist incident, new text begina pandemic or
other public health emergency,
new text endan 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 peacetime 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 a peacetime 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. A peacetime emergency must
not be continued for more than five days unless extended by resolution of the Executive
Council up to 30 days. An order, or proclamation declaring, continuing, or terminating 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 terminate a
peacetime emergency extending beyond 30 days. If the governor determines a need to extend
the peacetime 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.
Nothing 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.

new text begin (c) If a peacetime emergency extends beyond 30 days, the governor must immediately
report to all legislators the rationale and specific legal authority for each order or rule in
effect and promulgated by the governor in response to the peacetime emergency. Such
orders and rules expire on the 37th day of the peacetime emergency unless ratified by a
majority vote of each house of the legislature. If the governor promulgates an order or rule
in response to the peacetime emergency after the initial 30 days, the governor must
immediately report the rationale and specific legal authority to all legislators, and the order
or rule expires after seven days unless ratified by a majority vote of each house of the
legislature.
new text end

new text begin (d) For purposes of paragraphs (b) and (c), the quorum and vote requirements in section
3.96 apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to peacetime emergencies in effect on that date and peacetime emergencies declared
after that date. For a peacetime emergency declared for the infectious disease known as
COVID-19, all executive orders in effect on the effective date of this section and promulgated
in response to the peacetime emergency expire seven days after the effective date of this
section unless ratified by the legislature under paragraph (c).
new text end