as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 02:12pm
A bill for an act
relating to emergency management; protecting information and telecommunications
technology systems and services during emergencies; amending Minnesota Statutes
2018, sections 12.03, by adding subdivisions; 12.21, subdivision 2; 12.31,
subdivision 2; 12.35, subdivision 4; 12.36; repealing Minnesota Statutes 2018,
section 12.03, subdivision 5d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 12.03, is amended by adding a subdivision
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Minnesota Statutes 2018, section 12.03, is amended by adding a subdivision to
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Minnesota Statutes 2018, section 12.21, subdivision 2, is amended to read:
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 mattersnew text beginnew text end pertaining to the emergency management of this state and of the nation.
Minnesota Statutes 2018, section 12.31, subdivision 2, is amended to read:
(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
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new text beginnew text endan act of naturedeleted text begin,deleted text endnew text beginnew text end
new text beginnew text end a technological failure or malfunctiondeleted text begin,deleted text endnew text beginnew text end
new text beginnew text end a terrorist incident, new text beginnew text end
new text beginnew text endan industrial accidentdeleted text begin,deleted text endnew text beginnew text end
new text beginnew text end a hazardous materials accidentdeleted text begin,deleted text endnew text beginnew text end or
new text beginnew text enda civil disturbance deleted text beginendangers life and property and local government resources are
inadequate to handle the situationdeleted 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.
Minnesota Statutes 2018, section 12.35, subdivision 4, is amended to read:
When emergency management personnel of
another state render aid in Minnesotanew text beginnew 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.
Minnesota Statutes 2018, section 12.36, is amended to read:
(a) The governor, during an emergency or disaster and notwithstanding any other law,
(1) enter into contracts and incur obligations necessary to combat the disaster by
protecting the health and safety of persons deleted text beginanddeleted text endnew text beginnew text end the safety of propertynew text beginnew 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.
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Repealed Minnesota Statutes: 20-7612
"Local government" has the meaning given in Code of Federal Regulations, title 44, section 206.2 (2012).