HF 3988

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:07pm

A bill for an act
relating to emergency management; modifying procedures and requirements for
orders and rules promulgated during a peacetime emergency; amending Minnesota
Statutes 2020, section 12.32.

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

Section 1.

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

12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

new text begin Subdivision 1. new text end

new text begin Force and effect of law. new text end

Orders and rules promulgated by the governor
under authority of section 12.21, subdivision 3, clause (1), when approved by the Executive
Council and filed in the Office of the Secretary of State, have, during a national security
emergency, peacetime emergency, or energy supply emergency, the full force and effect of
law. 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.

new text begin Subd. 2. new text end

new text begin Peacetime emergency orders and rules. new text end

new text begin (a) This subdivision applies to orders
and rules promulgated by the governor under authority of section 12.21, subdivision 3,
clause (1), during a peacetime emergency declared under section 12.31, subdivision 2.
new text end

new text begin (b) If an order or rule is promulgated ten or more days after the governor's initial
declaration of a peacetime emergency, the governor must:
new text end

new text begin (1) to the extent practicable, consult organizations representing affected entities before
promulgating the order or rule; and
new text end

new text begin (2) provide initial notice of the order or rule to the general public no less than seven
days prior to the effective date of the order or rule. An order or rule may take effect sooner
than seven days following this initial notice only if an earlier effective date is approved by
a majority of the Legislative Coordinating Commission.
new text end

new text begin (c) The governor must not impose the burden of enforcing an order or rule on a private
individual or business without the consent of the individual or business. This paragraph
does not prohibit an order or rule from reasonably requiring an affected business to post
notice of the order or rule in a conspicuous location on the exterior or interior of the business
premises.
new text end

new text begin (d) An order or rule expires no later than 30 days after its effective date or upon expiration
of the peacetime emergency, whichever comes first, unless its continuation is approved by
a majority of each house of the legislature. An order or rule approved by both houses of the
legislature remains in effect for the period of time specified by the legislature or if the
legislature does not specify an earlier expiration date, the expiration of the peacetime
emergency.
new text end