SF 4388

as introduced - 92nd Legislature (2021 - 2022) Posted on 09/07/2022 11:17am

A bill for an act
relating to emergency management; protecting information and telecommunications
technology systems and services during emergencies; amending Minnesota Statutes
2020, sections 12.03, by adding subdivisions; 12.21, subdivision 2; 12.31,
subdivision 2; 12.35, subdivision 4; 12.36; repealing Minnesota Statutes 2020,
section 12.03, subdivision 5d.

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. 5e. new text end

new text begin Information and telecommunications technology systems and
services. new text end

new text begin "Information and telecommunications technology systems and services" has the
meaning given in section 16E.03, subdivision 1, 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. 5f. new text end

new text begin Local government. new text end

new text begin "Local government" has the meaning given in Code of
Federal Regulations, title 44, section 206.2 (2012).
new text end

Sec. 3.

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

new text begin Subd. 5g. new text end

new text begin Cyber attack. new text end

new text begin "Cyber attack" means the use of unauthorized or malicious
code on an information system, or the use of another digital mechanism such as a denial of
service or ransomware attack, to interrupt or disrupt the operations of an information system
or compromise the confidentiality, availability, or integrity of electronic data stored on,
processed by, or transiting an information system.
new text end

Sec. 4.

Minnesota Statutes 2020, section 12.21, subdivision 2, is amended to read:

Subd. 2.

Cooperation.

In performing duties under this chapter, the governor may
cooperate with the federal government, with other states, with Canadian provinces, and with
private agencies, in all matters pertaining to the emergency management of this state and
of the nation new text begin , including but not limited to a physical or electronic attack on the state's
information and telecommunications technology infrastructure, systems, or services new text end .

Sec. 5.

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
new text begin any of the following endangers life and property and local government resources are
inadequate to handle the situation:
new text end

new text begin (1) new text end an act of nature deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end a technological failure or malfunction deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end a terrorist incident deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) a cyber attack, including a physical or electronic attack on the state's information
and telecommunications technology infrastructure, systems, or services;
new text end

new text begin (5) new text end an industrial accident deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end a hazardous materials accident deleted text begin , deleted text end new text begin ; new text end or

new text begin (7) new text end a civil disturbance deleted text begin endangers life and property and local government resources are
inadequate to handle the situation deleted text end .

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.

Sec. 6.

Minnesota Statutes 2020, section 12.35, subdivision 4, is amended to read:

Subd. 4.

Reimbursement of other state.

When emergency management personnel of
another state render aid in Minnesota new text begin , including but not limited to aid provided from outside
Minnesota to assist with the response to a physical or electronic attack on the state's
information and telecommunications technology infrastructure, systems, or services, new text end pursuant
to the orders of the governor of its home state, and upon the request of the governor of
Minnesota, this state shall reimburse the other state for (1) the compensation paid and actual
and necessary travel, subsistence, and maintenance expenses of the personnel of the other
state while rendering aid as emergency management personnel, (2) all payments for death,
disability, or injury of those personnel incurred in the course of rendering that aid, and (3)
all losses of or damage to supplies and equipment of the other state, or a governmental
subdivision of the other state, resulting from the rendering of aid; provided, that the laws
of the other state contain provisions substantially similar to this section.

Sec. 7.

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 notwithstanding any other law,
may:

(1) enter into contracts and incur obligations necessary to combat the disaster by
protecting the health and safety of persons deleted text begin and deleted text end new text begin , new text end the safety of property new text begin , and the safety of the
state's information and telecommunications technology infrastructure, systems, or services, new text end
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. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 12.03, subdivision 5d, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07302

12.03 DEFINITIONS.

Subd. 5d.

Local government.

"Local government" has the meaning given in Code of Federal Regulations, title 44, section 206.2 (2012).