HF 4326

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/12/2020 03:56pm

A bill for an act
relating to public health; authorizing a peacetime declaration of emergency for a
public health emergency; amending Minnesota Statutes 2018, 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 2018, 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 a determination
by the commissioner of health that the public health is affected by or under imminent threat
from pandemic influenza or an outbreak of a communicable or infectious disease that:
new text end

new text begin (1) is reasonably expected to require evacuation of the impacted population, relocation
of seriously ill or injured persons to temporary care facilities, or the provision of replacement
essential community services;
new text end

new text begin (2) poses a probability of a large number of deaths, serious injuries, or long-term
disabilities in the affected population;
new text end

new text begin (3) involves widespread exposure to an infectious agent that poses a significant risk of
substantial future harm to a large number of people in the affected area; or
new text end

new text begin (4) poses a significant risk of harm to a large number of people or a high rate of morbidity
or mortality 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 2018, 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, new text begin a public health emergency, new text end 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 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 new text begin , except
that a public health emergency may be continued for up to 90 days new text end . 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 EFFECTIVE DATE. new text end

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