A bill for an act
relating to emergency management; protecting citizen rights; specifying citizen
responsibilities; establishing a civil cause of action; defining terms; requiring
legislative approval to extend a declared emergency beyond five days; requiring
legislative approval before certain executive orders and rules may have the force
and effect of law; amending Minnesota Statutes 2020, sections 12.03, subdivision
1e, by adding subdivisions; 12.21, subdivision 3; 12.31, subdivisions 2, 3; 12.32;
12.36; 12.61, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 12; repealing Minnesota Statutes 2020, section 12.45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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This act shall be known as the "Never Again Bill."
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Nothing in this chapter authorizes the governor or the state director to suspend the rights
of the people within the borders of Minnesota, including but not limited to:
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(1) the right of free speech;
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(2) the right to practice one's religion;
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(3) the right to assemble;
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(4) the right to keep and bear arms;
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(5) the freedom of travel; and
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(6) the right to operate a business lawfully as determined by the laws prior to the
emergency.
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A person exercising any of the rights listed in
section 12.025, or operating a business in contravention of documented public health and
safety guidance through the state and its agents, is advised that any loss or injury to
themselves or others is their responsibility. By exercising their rights, a person assumes
absolute custodial responsibility for the safety of persons who may be adversely affected
by their actions. This liability may extend to other individuals who may come in contact
with the individual or reside in or occupy the same or adjacent premises including invitees,
trespassers, or employees of the individual. This section does not apply to an individual
whose actions were compelled or required by others including a state or federal authority.
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A person who is deemed by the court to be an innocent party
to the actions of another who is exercising the rights in section 12.025 and who is injured,
suffers bodily harm or death, or incurs economic loss or expense, property damage, or any
other compensable loss that could have been avoided by following documented public health
and safety guidance shall have a civil cause of action against the person whose actions
caused the harm. In addition to any other damages authorized by law, the person may be
awarded reasonable attorney fees, expert witness costs, and other costs necessary to bring
the cause of action.
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The statute of limitations for an action under this section is two
years from the date of the occurrence of the conduct which gave rise to damages under this
section.
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Minnesota Statutes 2020, section 12.03, subdivision 1e, is amended to read:
"Declared emergency" means a national security
new text begin emergency new text endor deleted text beginpeacetimedeleted text end emergency declared by the governor under section 12.31.
Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:
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"Bioterrorism" means the intentional use of any microorganism,
virus, infectious substance, or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological product, to cause death, disease,
or other biological malfunction in a human, an animal, a plant, or another living organism
in order to influence the conduct of government or to intimidate or coerce a civilian
population.
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Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:
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"Public health emergency" means an occurrence
or imminent threat of an illness or health condition in Minnesota:
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(1) where there is evidence to believe the illness or health condition is caused by:
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(i) bioterrorism; or
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(ii) the appearance of a new, novel, or previously controlled or eradicated airborne
infectious agent or airborne biological toxin; and
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(2) the illness or health condition poses a high probability of any of the following harms:
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(i) a large number of deaths in the affected population;
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(ii) a large number of serious or long-term disabilities in the affected population; or
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(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.
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Minnesota Statutes 2020, section 12.21, subdivision 3, is amended to read:
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 12.32deleted 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