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SF 42

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/18/2021 08:08am

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

Current Version - as introduced

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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; prohibiting adjournment during a peacetime emergency; requiring
reports and public hearings; establishing a process to terminate certain orders and
rules; prescribing the form of certain orders and rules; modifying vote and quorum
requirements during a peacetime emergency; amending Minnesota Statutes 2020,
sections 4.035, subdivision 1; 12.03, by adding a subdivision; 12.31, subdivision
2; 12.32.

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

Section 1.

Minnesota Statutes 2020, section 4.035, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

new text begin(a) new text endA written statement or order executed by the governor
pursuant to constitutional or statutory authority and denominated as an executive order, or
a statement or order of the governor required by law to be in the form of an executive order,
shall be uniform in formatnew text begin except as provided in paragraph (b)new text end, shall be numbered
consecutively, and shall be effective and expire as provided in this section. Executive orders
creating agencies shall be consistent with the provisions of this section and section 15.0593.

new text begin (b) An executive order that has the full force and effect of law under section 12.32 must
be in the form required under section 12.32, paragraph (b).
new text end

Sec. 2.

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

Sec. 3.

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:
new text end

new text begin (1) the house of representatives and senate, if convened by the governor under paragraph
(b), must not adjourn the special session sine die until the peacetime emergency expires or
is terminated by the proper authority;
new text end

new text begin (2) 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 that has the full force and effect of law under section 12.32;
new text end

new text begin (3) within ten days the Legislative Coordinating Commission must hold one or more
public hearings and recommend to both houses whether each order or rule under clause (2)
should be maintained, superseded and modified by law, or terminated; and
new text end

new text begin (4) by majority vote of each house, the legislature may terminate an order or rule
promulgated by the governor in response to a peacetime emergency, with termination
effective no earlier than 21 days after the order or rule is filed in the Office of the Secretary
of State. If a member of the house of representatives or senate moves during the appropriate
order of business to terminate an order or rule under this clause, the presiding officer must
put the question to the body. If the vote fails in a house, a motion to terminate the same
order or rule is not in order in that house until 21 days after the failed vote.
new text end

new text begin (d) For purposes of paragraph (b) and paragraph (c), clause (4), the quorum and vote
requirements in section 3.96 apply.
new text end

Sec. 4.

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


12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

new text begin (a) new text endOrders and rules promulgated by the governor under authority of section 12.21,
subdivision 3
, clause (1), when new text beginwritten as required under paragraph (b), new text endapproved by the
Executive Councilnew text begin,new text end 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 (b) Rules that have the full force and effect of law under paragraph (a) must be written
in the manner required under chapter 14 and approved as to form by the revisor of statutes.
Orders that have the full force and effect of law under paragraph (a) must be written in the
general style of a bill or amendment and approved as to form by the revisor of statutes, as
follows:
new text end

new text begin (1) if an order or portion of an order conflicts with an existing state law or statute, the
order must include the text of the law or statute and denote amendments with underscored
or stricken language; and
new text end

new text begin (2) if an order does not conflict with an existing state law or statute, the order must be
written with sections and subdivisions that are arranged and subdivided in like manner as
Minnesota Statutes.
new text end

new text begin (c) The governor's exercise of powers granted by this chapter in an order or rule is subject
to judicial review.
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2021, and applies to peacetime emergencies declared
after that date.
new text end