HF 2204

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 06:07pm

A bill for an act
relating to emergency management; repealing governor's power to declare
emergency; establishing a legislative emergency declaration and extension process;
repealing governor's authority to adopt orders and expedited rules that have the
effect of law during an emergency; protecting citizen rights; making technical
corrections; amending Minnesota Statutes 2020, sections 12.03, subdivision 1e;
12.21, subdivisions 1, 3; 12.25, subdivision 3; 12.36; 12.45; 12.61, subdivision 2;
13D.02, subdivision 1; 14.03, subdivision 1; 34A.11, subdivision 6; 35.0661,
subdivision 1; 41B.047, subdivision 1; 144.4197; 144E.266; 151.441, subdivisions
12, 13; 270C.34, subdivision 1; 295.50, subdivision 2b; proposing coding for new
law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 2020, sections
4.035, subdivision 2; 12.31; 12.32.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be cited as the "Unilateral Emergency Powers Repeal Act."
new text end

Sec. 2.

new text begin [12.025] PROTECTION OF CITIZENS' RIGHTS.
new text end

new text begin Nothing in this chapter authorizes the governor or the state director to:
new text end

new text begin (1) infringe on the rights of the people in the state, including but not limited to:
new text end

new text begin (i) the right of free speech;
new text end

new text begin (ii) the right to exercise religious beliefs;
new text end

new text begin (iii) the right to assemble;
new text end

new text begin (iv) the right to keep and bear arms;
new text end

new text begin (v) the freedom of travel; and
new text end

new text begin (vi) the right to operate a business or earn income; or
new text end

new text begin (2) make orders that carry the full force and effect of law, which is a power only granted
to the legislative department under article IV of the Minnesota Constitution.
new text end

Sec. 3.

Minnesota Statutes 2020, section 12.03, subdivision 1e, is amended to read:

Subd. 1e.

Declared emergency.

"Declared emergency" means a national security or
peacetime emergency declared by the deleted text begin governor deleted text end new text begin legislature new text end under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end .

Sec. 4.

Minnesota Statutes 2020, section 12.21, subdivision 1, is amended to read:

Subdivision 1.

General authority.

The governor (1) has general direction and control
of emergency management, (2) may carry out the provisions of this chapter, and (3) during
deleted text begin a national security deleted text end new text begin an new text end emergency declared as existing under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end , during
the existence of an energy supply emergency as declared under section 216C.15, or during
the existence of an emergency resulting from an incident at a nuclear power plant that poses
a radiological or other health hazard, may assume direct operational control over all or any
part of the emergency management functions within this state.

Sec. 5.

Minnesota Statutes 2020, section 12.21, subdivision 3, is amended to read:

Subd. 3.

Specific authority.

In performing duties under this chapter and to effect its
policy and purpose, the governor may:

(1) make, amend, and rescind the necessary orders and rules to carry out the provisions
of this chapter and section 216C.15 within the limits of the authority conferred by this
section, with due consideration of the plans of the federal government and without complying
with sections 14.001 to 14.69 deleted text begin , but no order or rule has the effect of law except as provided
by section 12.32 deleted text end ;

(2) ensure that a comprehensive emergency operations plan and emergency management
program for this state are developed and maintained, and are integrated into and coordinated
with the emergency plans of the federal government and of other states to the fullest possible
extent;

(3) in accordance with the emergency operations plan and the emergency management
program of this state, procure supplies, equipment, and facilities; institute training programs
and public information programs; and take all other preparatory steps, including the partial
or full activation of emergency management organizations in advance of actual disaster to
ensure the furnishing of adequately trained and equipped forces of emergency management
personnel in time of need;

(4) make studies and surveys of the industries, resources, and facilities in this state as
may be necessary to ascertain the capabilities of the state for emergency management and
to plan for the most efficient emergency use of those industries, resources, and facilities;

(5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements
with other states, tribal authorities, and Canadian provinces, and coordinate mutual aid plans
between political subdivisions of this state;

(6) delegate administrative authority vested in the governor under this chapter, except
the power to make rules, and provide for the subdelegation of that authority;

(7) cooperate with the president and the heads of the armed forces, the Emergency
Management Agency of the United States and other appropriate federal officers and agencies,
and with the officers and agencies of other states in matters pertaining to the emergency
management of the state and nation, including the direction or control of:

(i) emergency preparedness drills and exercises;

(ii) warnings and signals for drills or actual emergencies and the mechanical devices to
be used in connection with them;

(iii) shutting off water mains, gas mains, electric power connections and the suspension
of all other utility services;

(iv) the conduct of persons in the state, including entrance or exit from any stricken or
threatened public place, occupancy of facilities, and the movement and cessation of
movement of pedestrians, vehicular traffic, and all forms of private and public transportation
during, prior, and subsequent to drills or actual emergencies;

(v) public meetings or gatherings; and

(vi) the evacuation, reception, and sheltering of persons;

(8) contribute to a political subdivision, within the limits of the appropriation for that
purpose, not more than 25 percent of the cost of acquiring organizational equipment that
meets standards established by the governor;

(9) formulate and execute, with the approval of the Executive Council, plans and rules
for the control of traffic in order to provide for the rapid and safe movement over public
highways and streets of troops, vehicles of a military nature, and materials for national
defense and war or for use in any war industry, for the conservation of critical materials, or
for emergency management purposes; and coordinate the activities of the departments or
agencies of the state and its political subdivisions concerned directly or indirectly with
public highways and streets, in a manner that will best effectuate those plans;

(10) alter or adjust by executive order, without complying with sections 14.01 to 14.69,
the working hours, workdays and work week of, and annual and sick leave provisions and
payroll laws regarding all state employees in the executive branch as the governor deems
necessary to minimize the impact of the disaster or emergency, conforming the alterations
or adjustments to existing state laws, rules, and collective bargaining agreements to the
extent practicable;

(11) authorize the commissioner of education to alter school schedules, curtail school
activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and
17, and including charter schools under chapter 124E, and elementary schools enrolling
prekindergarten pupils in district programs; and

(12) transfer the direction, personnel, or functions of state agencies to perform or facilitate
response and recovery programs.

Sec. 6.

Minnesota Statutes 2020, section 12.25, subdivision 3, is amended to read:

Subd. 3.

Territorial limits.

Each local and county organization for emergency
management shall perform emergency management functions within the territorial limits
of the political subdivision within which it is organized and, in addition, shall conduct these
functions outside of its territorial limits as may be required pursuant to sections 12.23 deleted text begin , deleted text end new text begin and new text end
12.27 deleted text begin , and 12.32 deleted text end or any other applicable law.

Sec. 7.

new text begin [12.315] LEGISLATIVE EMERGENCY DECLARATION.
new text end

new text begin Subdivision 1. new text end

new text begin Declaration of emergency. new text end

new text begin (a) The legislature may, by a vote of at least
two-thirds of each house, declare that an emergency exists in all or any part of the state
when:
new text end

new text begin (1) information from the President of the United States, the Federal Emergency
Management Agency, the Department of Defense, or the National Warning System indicates
the imminence of a national security emergency within the United States, which means the
several states, the District of Columbia, and the Commonwealth of Puerto Rico, or the
occurrence within the state of Minnesota of a major disaster from enemy sabotage or other
hostile action; or
new text end

new text begin (2) a disaster caused by an act of nature, 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.
new text end

new text begin (b) If the legislature is not in session, the governor may convene the legislature and
request the declaration of an emergency. Only after an emergency is declared by an
affirmative two-thirds vote of each house may the governor exercise the powers conferred
under this chapter for a declared emergency. An emergency terminates after five days unless
extended by a two-thirds vote of each body for up to 30 days.
new text end

new text begin (c) The termination of an emergency and lapse of emergency powers does not deprive
any person, political subdivision, municipal corporation, or body politic of any right to
compensation or reimbursement that it may have under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Effect of declared emergency. new text end

new text begin A declaration of emergency in accordance with
this section authorizes the governor to exercise for a period not to exceed the time specified
in this section the powers and duties conferred and imposed by this chapter for a declared
emergency and invokes the necessary portions of the state emergency operations plan
developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects
and may authorize aid and assistance under the plan.
new text end

Sec. 8.

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 deleted text begin and notwithstanding any other law deleted text end ,
may:

(1) enter into contracts and incur obligations necessary to combat the disaster by
protecting the health and safety of persons and the safety of property 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. 9.

Minnesota Statutes 2020, section 12.45, is amended to read:

12.45 VIOLATIONS, PENALTIES.

Unless a different penalty or punishment is specifically prescribed new text begin by law new text end , deleted text begin a person deleted text end new text begin the
governor or a government agent new text end who willfully violates a provision of this chapter deleted text begin or a rule
or order having the force and effect of law issued under authority of this chapter deleted text end is guilty
of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000,
or by imprisonment for not more than 90 days.

Sec. 10.

Minnesota Statutes 2020, section 12.61, subdivision 2, is amended to read:

Subd. 2.

Emergency executive order.

(a) During a deleted text begin national security deleted text end new text begin declared new text end emergency
deleted text begin or a peacetime emergency declared under section 12.31 deleted text end , the governor may issue an
emergency executive order upon finding that the number of seriously ill or injured persons
exceeds the emergency hospital or medical transport capacity of one or more regional
hospital systems and that care for those persons has to be given in temporary care facilities.

(b) During the effective period of the emergency executive order, a responder in any
impacted region acting consistent with emergency plans is not liable for any civil damages
or administrative sanctions as a result of good-faith acts or omissions by that responder in
rendering emergency care, advice, or assistance. This section does not apply in case of
malfeasance in office or willful or wanton actions.

Sec. 11.

Minnesota Statutes 2020, section 13D.02, subdivision 1, is amended to read:

Subdivision 1.

Conditions.

(a) A meeting governed by section 13D.01, subdivisions 1,
2, 4, and 5, and this section may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location,
can hear and see one another and can hear and see all discussion and testimony presented
at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear
and see all discussion and testimony and all votes of members of the body;

(3) at least one member of the body is physically present at the regular meeting location;

(4) all votes are conducted by roll call so each member's vote on each issue can be
identified and recorded; and

(5) each location at which a member of the body is present is open and accessible to the
public.

(b) A meeting satisfies the requirements of paragraph (a), although a member of the
public body participates from a location that is not open or accessible to the public, if the
member has not participated more than three times in a calendar year from a location that
is not open or accessible to the public, and:

(1) the member is serving in the military and is at a required drill, deployed, or on active
duty; or

(2) the member has been advised by a health care professional against being in a public
place for personal or family medical reasons. This clause only applies when a state of
emergency has been declared under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end , and expires 60 days after the
removal of the state of emergency.

Sec. 12.

Minnesota Statutes 2020, section 14.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The Administrative Procedure Act in sections 14.001 to 14.69
does not apply to (a) agencies directly in the legislative or judicial branches, (b) emergency
powers in sections deleted text begin 12.31 deleted text end new text begin 12.315 new text end to 12.37, (c) the Department of Military Affairs, (d) the
Comprehensive Health Association provided in section 62E.10, or (e) the regents of the
University of Minnesota.

Sec. 13.

Minnesota Statutes 2020, section 34A.11, subdivision 6, is amended to read:

Subd. 6.

Emergency response.

If the deleted text begin governor deleted text end new text begin legislature new text end declares an emergency deleted text begin order deleted text end
under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end and if the commissioner finds or has probable cause to believe
that livestock, food, or a consumer commodity within a specific area is likely to be adulterated
because of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation
of section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
included in the declared emergency. The commissioner shall provide notice to the public
and to those with custody of the product in as thorough a manner as is practicable under the
emergency circumstances.

Sec. 14.

Minnesota Statutes 2020, section 35.0661, subdivision 1, is amended to read:

Subdivision 1.

Disastrous animal disease outbreaks; declaration of emergency.

(a)
If the board determines that a confirmed case of a disease in this state presents a substantial
and imminent threat to the state's domestic animal population, it shall certify the case to the
governor. After receiving certification from the board, the governor may declare an
emergency under this section for purposes of allowing the board to establish quarantine
zones of control to protect the health of domestic animals from animal diseases of potentially
disastrous proportions. The governor may declare an emergency under this section without
new text begin the legislature new text end declaring a peacetime emergency under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end . A declaration
under this section may specify that it applies to all or certain units of state or local
government, must specify the time period for which it applies, and must be filed with the
secretary of state. This section is in addition to and does not limit authority granted to the
governor or local government officials by chapter 12 or other law.

(b) The board may meet by electronic means without violating state open meeting laws
for the purpose of declaring that a confirmed case of a disease in this state presents a
substantial and imminent threat to the state's domestic animal population. If the board meets
by electronic means for this purpose, it shall comply with the emergency meeting notice
provisions of section 13D.04, subdivision 3, and, to the fullest extent possible, provide
public and media access to the meeting.

Sec. 15.

Minnesota Statutes 2020, section 41B.047, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The authority shall establish and implement a disaster
recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well as
replace seed, other crop inputs, feed, and livestock;

(2) purchase watering systems, irrigation systems, and other drought mitigation systems
and practices when drought is the cause of the purchase;

(3) restore farmland;

(4) replace flocks or livestock, make building improvements, or cover the loss of revenue
when the replacement, improvements, or loss of revenue is due to the confirmed presence
of a highly contagious animal disease in a commercial poultry or game flock, or a commercial
livestock operation, located in Minnesota; or

(5) cover the loss of revenue when the revenue loss is due to an infectious human disease
for which the deleted text begin governor deleted text end new text begin legislature new text end has declared a peacetime emergency under section deleted text begin 12.31 deleted text end new text begin
12.315 new text end .

Sec. 16.

Minnesota Statutes 2020, section 144.4197, is amended to read:

144.4197 EMERGENCY VACCINE ADMINISTRATION; LEGEND DRUG.

When a mayor, county board chair, or legal successor to such official has declared a
local emergency under section 12.29 or the deleted text begin governor deleted text end new text begin legislature new text end has declared an emergency
under section deleted text begin 12.31, subdivision 1 or 2 deleted text end new text begin 12.315 new text end , or a community health board or its appointed
agent under chapter 145A has requested the commissioner's assistance in response to an
event threatening public health in its jurisdiction, the commissioner of health may authorize
any person, including, but not limited to, any person licensed or otherwise credentialed
under chapters 144E, 147 to 148, 150A, 151, 153, or 156, to administer vaccinations or
dispense legend drugs if the commissioner determines that such action is necessary to protect
the health and safety of the public. The authorization shall be in writing and shall contain
the categories of persons included in the authorization, any additional training required
before performance of the vaccination or drug dispensing by such persons, any supervision
required for performance of the vaccination or drug dispensing, and the duration of the
authorization. The commissioner may, in writing, extend the scope and duration of the
authorization as the emergency warrants. Any person authorized by the commissioner under
this section shall not be subject to criminal liability, administrative penalty, professional
discipline, or other administrative sanction for good faith performance of the vaccination
or drug dispensing duties assigned according to this section.

Sec. 17.

Minnesota Statutes 2020, section 144E.266, is amended to read:

144E.266 EMERGENCY SUSPENSION OF AMBULANCE SERVICE
REQUIREMENT.

(a) The requirements of sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10,
11, and 13; 144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are suspended:

(1) throughout the state during a national security emergency declared under section
deleted text begin 12.31 deleted text end new text begin 12.315 new text end ;

(2) in the geographic areas of the state affected during a peacetime emergency declared
under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end ; and

(3) in the geographic areas of the state affected during a local emergency declared under
section 12.29.

(b) For purposes of this section, the geographic areas of the state affected shall include
geographic areas where one or more ambulance services are providing requested mutual
aid to the site of the emergency.

Sec. 18.

Minnesota Statutes 2020, section 151.441, subdivision 12, is amended to read:

Subd. 12.

Transaction.

(a) "Transaction" means the transfer of a product between
persons in which a change of ownership occurs.

(b) The term "transaction" does not include:

(1) intracompany distribution of any product between members of an affiliate or within
a manufacturer;

(2) the distribution of a product among hospitals or other health care entities that are
under common control;

(3) the distribution of a drug or an offer to distribute a drug for emergency medical
reasons, including:

(i) a public health emergency declaration pursuant to United States Code, title 42, section
247d;

(ii) a national security or peacetime emergency declared by the deleted text begin governor deleted text end new text begin legislature new text end
pursuant to section deleted text begin 12.31 deleted text end new text begin 12.315 new text end ; or

(iii) a situation involving an action taken by the commissioner of health pursuant to
section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
for purposes of this paragraph, a drug shortage not caused by a public health emergency
shall not constitute an emergency medical reason;

(4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
practitioner;

(5) the distribution of product samples by a manufacturer or a licensed wholesale
distributor in accordance with United States Code, title 21, section 353(d);

(6) the distribution of blood or blood components intended for transfusion;

(7) the distribution of minimal quantities of product by a licensed retail pharmacy to a
licensed practitioner for office use;

(8) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by
a charitable organization described in United States Code, title 26, section 501(c)(3), to a
nonprofit affiliate of the organization to the extent otherwise permitted by law;

(9) the distribution of a product pursuant to the sale or merger of a pharmacy or
pharmacies or a wholesale distributor or wholesale distributors, except that any records
required to be maintained for the product shall be transferred to the new owner of the
pharmacy or pharmacies or wholesale distributor or wholesale distributors;

(10) the dispensing of a product approved under United States Code, title 21, section
360b(c);

(11) transfer of products to or from any facility that is licensed by the Nuclear Regulatory
Commission or by a state pursuant to an agreement with such commission under United
States Code, title 42, section 2021;

(12) transfer of a combination product that is not subject to approval under United States
Code, title 21, section 355, or licensure under United States Code, title 42, section 262, and
that is:

(i) a product comprised of a device and one or more other regulated components (such
as a drug/device, biologic/device, or drug/device/biologic) that are physically, chemically,
or otherwise combined or mixed and produced as a single entity;

(ii) two or more separate products packaged together in a single package or as a unit
and comprised of a drug and device or device and biological product; or

(iii) two or more finished medical devices plus one or more drug or biological products
that are packaged together in a medical convenience kit;

(13) the distribution of a medical convenience kit if:

(i) the medical convenience kit is assembled in an establishment that is registered with
the United States Food and Drug Administration as a device manufacturer in accordance
with United States Code, title 21, section 360(b)(2);

(ii) the medical convenience kit does not contain a controlled substance that appears in
a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
1970, United States Code, title 21, section 801, et seq.;

(iii) in the case of a medical convenience kit that includes a product, the person who
manufactures the kit:

(A) purchased the product directly from the pharmaceutical manufacturer or from a
wholesale distributor that purchased the product directly from the pharmaceutical
manufacturer; and

(B) does not alter the primary container or label of the product as purchased from the
manufacturer or wholesale distributor; and

(iv) in the case of a medical convenience kit that includes a product, the product is:

(A) an intravenous solution intended for the replenishment of fluids and electrolytes;

(B) a product intended to maintain the equilibrium of water and minerals in the body;

(C) a product intended for irrigation or reconstitution;

(D) an anesthetic;

(E) an anticoagulant;

(F) a vasopressor; or

(G) a sympathomimetic;

(14) the distribution of an intravenous product that, by its formulation, is intended for
the replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or
calories, such as dextrose and amino acids;

(15) the distribution of an intravenous product used to maintain the equilibrium of water
and minerals in the body, such as dialysis solutions;

(16) the distribution of a product that is intended for irrigation, or sterile water, whether
intended for such purposes or for injection;

(17) the distribution of a medical gas as defined in United States Code, title 21, section
360ddd; or

(18) the distribution or sale of any licensed product under United States Code, title 42,
section 262, that meets the definition of a device under United States Code, title 21, section
321(h).

Sec. 19.

Minnesota Statutes 2020, section 151.441, subdivision 13, is amended to read:

Subd. 13.

Wholesale distribution.

"Wholesale distribution" means the distribution of
a drug to a person other than a consumer or patient, or receipt of a drug by a person other
than the consumer or patient, but does not include:

(1) intracompany distribution of any drug between members of an affiliate or within a
manufacturer;

(2) the distribution of a drug or an offer to distribute a drug among hospitals or other
health care entities that are under common control;

(3) the distribution of a drug or an offer to distribute a drug for emergency medical
reasons, including:

(i) a public health emergency declaration pursuant to United States Code, title 42, section
247d;

(ii) a national security or peacetime emergency declared by the deleted text begin governor deleted text end new text begin legislature new text end
pursuant to section deleted text begin 12.31 deleted text end new text begin 12.315 new text end ; or

(iii) a situation involving an action taken by the commissioner of health pursuant to
section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
for purposes of this paragraph, a drug shortage not caused by a public health emergency
shall not constitute an emergency medical reason;

(4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
practitioner;

(5) the distribution of minimal quantities of a drug by a licensed retail pharmacy to a
licensed practitioner for office use;

(6) the distribution of a drug or an offer to distribute a drug by a charitable organization
to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(7) the purchase or other acquisition by a dispenser, hospital, or other health care entity
of a drug for use by such dispenser, hospital, or other health care entity;

(8) the distribution of a drug by the manufacturer of such drug;

(9) the receipt or transfer of a drug by an authorized third-party logistics provider provided
that such third-party logistics provider does not take ownership of the drug;

(10) a common carrier that transports a drug, provided that the common carrier does not
take ownership of the drug;

(11) the distribution of a drug or an offer to distribute a drug by an authorized repackager
that has taken ownership or possession of the drug and repacks it in accordance with United
States Code, title 21, section 360eee-1(e);

(12) salable drug returns when conducted by a dispenser;

(13) the distribution of a collection of finished medical devices, which may include a
product or biological product, assembled in kit form strictly for the convenience of the
purchaser or user, referred to in this section as a medical convenience kit, if:

(i) the medical convenience kit is assembled in an establishment that is registered with
the United States Food and Drug Administration as a device manufacturer in accordance
with United States Code, title 21, section 360(b)(2);

(ii) the medical convenience kit does not contain a controlled substance that appears in
a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
1970, United States Code, title 21, section 801, et seq.;

(iii) in the case of a medical convenience kit that includes a product, the person that
manufactures the kit:

(A) purchased such product directly from the pharmaceutical manufacturer or from a
wholesale distributor that purchased the product directly from the pharmaceutical
manufacturer; and

(B) does not alter the primary container or label of the product as purchased from the
manufacturer or wholesale distributor; and

(iv) in the case of a medical convenience kit that includes a product, the product is:

(A) an intravenous solution intended for the replenishment of fluids and electrolytes;

(B) a product intended to maintain the equilibrium of water and minerals in the body;

(C) a product intended for irrigation or reconstitution;

(D) an anesthetic;

(E) an anticoagulant;

(F) a vasopressor; or

(G) a sympathomimetic;

(14) the distribution of an intravenous drug that, by its formulation, is intended for the
replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or calories,
such as dextrose and amino acids;

(15) the distribution of an intravenous drug used to maintain the equilibrium of water
and minerals in the body, such as dialysis solutions;

(16) the distribution of a drug that is intended for irrigation, or sterile water, whether
intended for such purposes or for injection;

(17) the distribution of medical gas, as defined in United States Code, title 21, section
360ddd;

(18) facilitating the distribution of a product by providing solely administrative services,
including processing of orders and payments; or

(19) the transfer of a product by a hospital or other health care entity, or by a wholesale
distributor or manufacturer operating at the direction of the hospital or other health care
entity, to a repackager described in United States Code, title 21, section 360eee(16)(B), and
registered under United States Code, title 21, section 360, for the purpose of repackaging
the drug for use by that hospital, or other health care entity and other health care entities
that are under common control, if ownership of the drug remains with the hospital or other
health care entity at all times.

Sec. 20.

Minnesota Statutes 2020, section 270C.34, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner may abate, reduce, or refund any penalty
or interest that is imposed by a law administered by the commissioner, or imposed by section
270.0725, subdivision 1 or 2, or 270.075, subdivision 2, as a result of the late payment of
tax or late filing of a return, or any part of an additional tax charge under section 289A.25,
subdivision 2, or 289A.26, subdivision 4, if the failure to timely pay the tax or failure to
timely file the return is due to reasonable cause, or if the taxpayer is located in a presidentially
declared disaster or in a presidentially declared state of emergency area or in an area declared
to be in a state of emergency by the deleted text begin governor deleted text end new text begin legislature new text end under section deleted text begin 12.31 deleted text end new text begin 12.315 new text end .

(b) The commissioner shall abate any part of a penalty or additional tax charge under
section 289A.25, subdivision 2, or 289A.26, subdivision 4, attributable to erroneous advice
given to the taxpayer in writing by an employee of the department acting in an official
capacity, if the advice:

(1) was reasonably relied on and was in response to a specific written request of the
taxpayer; and

(2) was not the result of failure by the taxpayer to provide adequate or accurate
information.

Sec. 21.

Minnesota Statutes 2020, section 295.50, subdivision 2b, is amended to read:

Subd. 2b.

Emergency medical reasons.

"Emergency medical reasons" means a public
health emergency declaration pursuant to United States Code, title 42, section 247d; a
national security or peacetime emergency declared by the deleted text begin governor deleted text end new text begin legislature new text end pursuant to
section deleted text begin 12.31 deleted text end new text begin 12.315 new text end ; or a situation involving an action by the commissioner of health
pursuant to section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10,
except that, for purposes of this subdivision, a drug shortage not caused by a public health
emergency shall not constitute an emergency medical reason.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 4.035, subdivision 2; 12.31; and 12.32, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-03700

4.035 EXECUTIVE ORDERS.

Subd. 2.

Effective date.

An executive order issued pursuant to sections 12.31 to 12.32 or any other emergency executive order issued to protect a person from an imminent threat to health and safety shall be effective immediately and shall be filed with the secretary of state and published in the state register as soon as possible after its issuance. Emergency executive orders shall be identified as such in the order. Any other executive order shall be effective upon 15 days after its publication in the state register and filing with the secretary of state. The governor shall submit a copy of the executive order to the commissioner of administration to facilitate publication in the State Register.

12.31 NATIONAL SECURITY OR PEACETIME EMERGENCY; DECLARATION.

Subdivision 1.

Declaration of national security emergency.

When information from the President of the United States, the Federal Emergency Management Agency, the Department of Defense, or the National Warning System indicates the imminence of a national security emergency within the United States, which means the several states, the District of Columbia, and the Commonwealth of Puerto Rico, or the occurrence within the state of Minnesota of a major disaster from enemy sabotage or other hostile action, the governor may, by proclamation, declare that a national security emergency exists in all or any part of the state. If the legislature is then in regular session or, if it is not, if the governor concurrently with the proclamation declaring the emergency issues a call convening immediately both houses of the legislature, the governor may exercise for a period not to exceed 30 days the powers and duties conferred and imposed by sections 12.31 to 12.37 and 12.381. The lapse of these emergency powers does not, as regards any act occurring or committed within the 30-day period, deprive any person, political subdivision, municipal corporation, or body politic of any right to compensation or reimbursement that it may have under this chapter.

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, 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. 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.

Subd. 3.

Effect of declaration of peacetime emergency.

A declaration of a peacetime emergency in accordance with this section authorizes the governor to exercise for a period not to exceed the time specified in this section the powers and duties conferred and imposed by this chapter for a peacetime emergency and invokes the necessary portions of the state emergency operations plan developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects and may authorize aid and assistance under the plan.

12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

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.