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.


Section 1. new text beginTITLE.
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 begingovernordeleted text endnew text begin legislaturenew text end under section deleted text begin12.31deleted text endnew text begin 12.315new 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 securitydeleted text endnew text begin annew text end emergency declared as existing under section deleted text begin12.31deleted text endnew text begin 12.315new 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 14.69deleted 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

(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
, 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 12.23deleted text begin,deleted text endnew text begin andnew text end
12.27deleted text begin, and 12.32deleted text end or any other applicable law.

Sec. 7.

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
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 go