1.1.................... moves to amend H.F. No. 1952, the second engrossment, as follows:
1.2Page 189, after line 4, insert:


1.5    Section 1. TITLE.
1.6This act may be cited as the "Unilateral Emergency Powers Repeal Act."

1.7    Sec. 2. [12.025] PROTECTION OF CITIZENS' RIGHTS.
1.8Nothing in this chapter authorizes the governor or the state director to:
1.9(1) infringe on the rights of the people in the state, including but not limited to:
1.10(i) the right of free speech;
1.11(ii) the right to exercise religious beliefs;
1.12(iii) the right to assemble;
1.13(iv) the right to keep and bear arms;
1.14(v) the freedom of travel; and
1.15(vi) the right to operate a business or earn income; or
1.16(2) make orders that carry the full force and effect of law, which is a power only granted
1.17to the legislative department under article IV of the Minnesota Constitution.

1.18    Sec. 3. Minnesota Statutes 2020, section 12.03, subdivision 1e, is amended to read:
1.19    Subd. 1e. Declared emergency. "Declared emergency" means a national security or
1.20peacetime emergency declared by the governor legislature under section 12.31 12.315.

2.1    Sec. 4. Minnesota Statutes 2020, section 12.21, subdivision 1, is amended to read:
2.2    Subdivision 1. General authority. The governor (1) has general direction and control
2.3of emergency management, (2) may carry out the provisions of this chapter, and (3) during
2.4a national security an emergency declared as existing under section 12.31 12.315, during
2.5the existence of an energy supply emergency as declared under section 216C.15, or during
2.6the existence of an emergency resulting from an incident at a nuclear power plant that poses
2.7a radiological or other health hazard, may assume direct operational control over all or any
2.8part of the emergency management functions within this state.

2.9    Sec. 5. Minnesota Statutes 2020, section 12.21, subdivision 3, is amended to read:
2.10    Subd. 3. Specific authority. In performing duties under this chapter and to effect its
2.11policy and purpose, the governor may:
2.12(1) make, amend, and rescind the necessary orders and rules to carry out the provisions
2.13of this chapter and section 216C.15 within the limits of the authority conferred by this
2.14section, with due consideration of the plans of the federal government and without complying
2.15with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided
2.16by section 12.32;
2.17(2) ensure that a comprehensive emergency operations plan and emergency management
2.18program for this state are developed and maintained, and are integrated into and coordinated
2.19with the emergency plans of the federal government and of other states to the fullest possible
2.20extent;
2.21(3) in accordance with the emergency operations plan and the emergency management
2.22program of this state, procure supplies, equipment, and facilities; institute training programs
2.23and public information programs; and take all other preparatory steps, including the partial
2.24or full activation of emergency management organizations in advance of actual disaster to
2.25ensure the furnishing of adequately trained and equipped forces of emergency management
2.26personnel in time of need;
2.27(4) make studies and surveys of the industries, resources, and facilities in this state as
2.28may be necessary to ascertain the capabilities of the state for emergency management and
2.29to plan for the most efficient emergency use of those industries, resources, and facilities;
2.30(5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements
2.31with other states, tribal authorities, and Canadian provinces, and coordinate mutual aid plans
2.32between political subdivisions of this state;
3.1(6) delegate administrative authority vested in the governor under this chapter, except
3.2the power to make rules, and provide for the subdelegation of that authority;
3.3(7) cooperate with the president and the heads of the armed forces, the Emergency
3.4Management Agency of the United States and other appropriate federal officers and agencies,
3.5and with the officers and agencies of other states in matters pertaining to the emergency
3.6management of the state and nation, including the direction or control of:
3.7(i) emergency preparedness drills and exercises;
3.8(ii) warnings and signals for drills or actual emergencies and the mechanical devices to
3.9be used in connection with them;
3.10(iii) shutting off water mains, gas mains, electric power connections and the suspension
3.11of all other utility services;
3.12(iv) the conduct of persons in the state, including entrance or exit from any stricken or
3.13threatened public place, occupancy of facilities, and the movement and cessation of
3.14movement of pedestrians, vehicular traffic, and all forms of private and public transportation
3.15during, prior, and subsequent to drills or actual emergencies;
3.16(v) public meetings or gatherings; and
3.17(vi) the evacuation, reception, and sheltering of persons;
3.18(8) contribute to a political subdivision, within the limits of the appropriation for that
3.19purpose, not more than 25 percent of the cost of acquiring organizational equipment that
3.20meets standards established by the governor;
3.21(9) formulate and execute, with the approval of the Executive Council, plans and rules
3.22for the control of traffic in order to provide for the rapid and safe movement over public
3.23highways and streets of troops, vehicles of a military nature, and materials for national
3.24defense and war or for use in any war industry, for the conservation of critical materials, or
3.25for emergency management purposes; and coordinate the activities of the departments or
3.26agencies of the state and its political subdivisions concerned directly or indirectly with
3.27public highways and streets, in a manner that will best effectuate those plans;
3.28(10) alter or adjust by executive order, without complying with sections 14.01 to 14.69,
3.29the working hours, workdays and work week of, and annual and sick leave provisions and
3.30payroll laws regarding all state employees in the executive branch as the governor deems
3.31necessary to minimize the impact of the disaster or emergency, conforming the alterations
3.32or adjustments to existing state laws, rules, and collective bargaining agreements to the
3.33extent practicable;
4.1(11) authorize the commissioner of education to alter school schedules, curtail school
4.2activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and
4.317, and including charter schools under chapter 124E, and elementary schools enrolling
4.4prekindergarten pupils in district programs; and
4.5(12) transfer the direction, personnel, or functions of state agencies to perform or facilitate
4.6response and recovery programs.

4.7    Sec. 6. Minnesota Statutes 2020, section 12.25, subdivision 3, is amended to read:
4.8    Subd. 3. Territorial limits. Each local and county organization for emergency
4.9management shall perform emergency management functions within the territorial limits
4.10of the political subdivision within which it is organized and, in addition, shall conduct these
4.11functions outside of its territorial limits as may be required pursuant to sections 12.23, and
4.1212.27, and 12.32 or any other applicable law.

4.13    Sec. 7. [12.315] LEGISLATIVE EMERGENCY DECLARATION.
4.14    Subdivision 1. Declaration of emergency. (a) The legislature may, by a vote of at least
4.15two-thirds of each house, declare that an emergency exists in all or any part of the state
4.16when:
4.17(1) information from the President of the United States, the Federal Emergency
4.18Management Agency, the Department of Defense, or the National Warning System indicates
4.19the imminence of a national security emergency within the United States, which means the
4.20several states, the District of Columbia, and the Commonwealth of Puerto Rico, or the
4.21occurrence within the state of Minnesota of a major disaster from enemy sabotage or other
4.22hostile action; or
4.23(2) a disaster caused by an act of nature, a technological failure or malfunction, a terrorist
4.24incident, an industrial accident, a hazardous materials accident, or a civil disturbance
4.25endangers life and property and local government resources are inadequate to handle the
4.26situation.
4.27(b) If the legislature is not in session, the governor may convene the legislature and
4.28request the declaration of an emergency. Only after an emergency is declared by an
4.29affirmative two-thirds vote of each house may the governor exercise the powers conferred
4.30under this chapter for a declared emergency. An emergency terminates after five days unless
4.31extended by a two-thirds vote of each body for up to 30 days.
5.1(c) The termination of an emergency and lapse of emergency powers does not deprive
5.2any person, political subdivision, municipal corporation, or body politic of any right to
5.3compensation or reimbursement that it may have under this chapter.
5.4    Subd. 2. Effect of declared emergency. A declaration of emergency in accordance with
5.5this section authorizes the governor to exercise for a period not to exceed the time specified
5.6in this section the powers and duties conferred and imposed by this chapter for a declared
5.7emergency and invokes the necessary portions of the state emergency operations plan
5.8developed pursuant to section 12.21, subdivision 3, relating to response and recovery aspects
5.9and may authorize aid and assistance under the plan.

5.10    Sec. 8. Minnesota Statutes 2020, section 12.36, is amended to read:
5.1112.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.
5.12(a) The governor, during an emergency or disaster and notwithstanding any other law,
5.13may:
5.14(1) enter into contracts and incur obligations necessary to combat the disaster by
5.15protecting the health and safety of persons and the safety of property and by providing
5.16emergency assistance to the victims of the disaster; and
5.17(2) exercise the powers vested by this subdivision in the light of the exigencies of the
5.18disaster without compliance with time-consuming procedures and formalities prescribed
5.19by law pertaining to:
5.20(i) the performance of public work;
5.21(ii) entering into contract;
5.22(iii) incurring of obligations;
5.23(iv) employment of temporary workers;
5.24(v) rental of equipment;
5.25(vi) purchase of supplies and materials, for example, but not limited to, publication of
5.26calls for bids;
5.27(vii) provisions of the Civil Service Act and rules;
5.28(viii) provisions relating to low bids; and
5.29(ix) requirements for the budgeting and allotment of funds.
6.1(b) All contracts must be in writing, executed on behalf of the state by the governor or
6.2a person delegated by the governor in writing so to do, and must be promptly filed with the
6.3commissioner of management and budget, who shall forthwith encumber funds appropriated
6.4for the purposes of the contract for the full contract liability and certify thereon that the
6.5encumbrance has been made.

6.6    Sec. 9. Minnesota Statutes 2020, section 12.45, is amended to read:
6.712.45 VIOLATIONS, PENALTIES.
6.8Unless a different penalty or punishment is specifically prescribed by law, a person the
6.9governor or a government agent who willfully violates a provision of this chapter or a rule
6.10or order having the force and effect of law issued under authority of this chapter is guilty
6.11of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000,
6.12or by imprisonment for not more than 90 days.

6.13    Sec. 10. Minnesota Statutes 2020, section 12.61, subdivision 2, is amended to read:
6.14    Subd. 2. Emergency executive order. (a) During a national security declared emergency
6.15or a peacetime emergency declared under section 12.31, the governor may issue an
6.16emergency executive order upon finding that the number of seriously ill or injured persons
6.17exceeds the emergency hospital or medical transport capacity of one or more regional
6.18hospital systems and that care for those persons has to be given in temporary care facilities.
6.19(b) During the effective period of the emergency executive order, a responder in any
6.20impacted region acting consistent with emergency plans is not liable for any civil damages
6.21or administrative sanctions as a result of good-faith acts or omissions by that responder in
6.22rendering emergency care, advice, or assistance. This section does not apply in case of
6.23malfeasance in office or willful or wanton actions.

6.24    Sec. 11. Minnesota Statutes 2020, section 13D.02, subdivision 1, is amended to read:
6.25    Subdivision 1. Conditions. (a) A meeting governed by section 13D.01, subdivisions 1,
6.262, 4, and 5, and this section may be conducted by interactive television so long as:
6.27(1) all members of the body participating in the meeting, wherever their physical location,
6.28can hear and see one another and can hear and see all discussion and testimony presented
6.29at any location at which at least one member is present;
6.30(2) members of the public present at the regular meeting location of the body can hear
6.31and see all discussion and testimony and all votes of members of the body;
7.1(3) at least one member of the body is physically present at the regular meeting location;
7.2(4) all votes are conducted by roll call so each member's vote on each issue can be
7.3identified and recorded; and
7.4(5) each location at which a member of the body is present is open and accessible to the
7.5public.
7.6(b) A meeting satisfies the requirements of paragraph (a), although a member of the
7.7public body participates from a location that is not open or accessible to the public, if the
7.8member has not participated more than three times in a calendar year from a location that
7.9is not open or accessible to the public, and:
7.10(1) the member is serving in the military and is at a required drill, deployed, or on active
7.11duty; or
7.12(2) the member has been advised by a health care professional against being in a public
7.13place for personal or family medical reasons. This clause only applies when a state of
7.14emergency has been declared under section 12.31 12.315, and expires 60 days after the
7.15removal of the state of emergency.

7.16    Sec. 12. Minnesota Statutes 2020, section 14.03, subdivision 1, is amended to read:
7.17    Subdivision 1. Generally. The Administrative Procedure Act in sections 14.001 to 14.69
7.18does not apply to (a) agencies directly in the legislative or judicial branches, (b) emergency
7.19powers in sections 12.31 12.315 to 12.37, (c) the Department of Military Affairs, (d) the
7.20Comprehensive Health Association provided in section 62E.10, or (e) the regents of the
7.21University of Minnesota.

7.22    Sec. 13. Minnesota Statutes 2020, section 34A.11, subdivision 6, is amended to read:
7.23    Subd. 6. Emergency response. If the governor legislature declares an emergency order
7.24under section 12.31 12.315 and if the commissioner finds or has probable cause to believe
7.25that livestock, food, or a consumer commodity within a specific area is likely to be adulterated
7.26because of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation
7.27of section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
7.28included in the declared emergency. The commissioner shall provide notice to the public
7.29and to those with custody of the product in as thorough a manner as is practicable under the
7.30emergency circumstances.

8.1    Sec. 14. Minnesota Statutes 2020, section 35.0661, subdivision 1, is amended to read:
8.2    Subdivision 1. Disastrous animal disease outbreaks; declaration of emergency. (a)
8.3If the board determines that a confirmed case of a disease in this state presents a substantial
8.4and imminent threat to the state's domestic animal population, it shall certify the case to the
8.5governor. After receiving certification from the board, the governor may declare an
8.6emergency under this section for purposes of allowing the board to establish quarantine
8.7zones of control to protect the health of domestic animals from animal diseases of potentially
8.8disastrous proportions. The governor may declare an emergency under this section without
8.9the legislature declaring a peacetime emergency under section 12.31 12.315. A declaration
8.10under this section may specify that it applies to all or certain units of state or local
8.11government, must specify the time period for which it applies, and must be filed with the
8.12secretary of state. This section is in addition to and does not limit authority granted to the
8.13governor or local government officials by chapter 12 or other law.
8.14(b) The board may meet by electronic means without violating state open meeting laws
8.15for the purpose of declaring that a confirmed case of a disease in this state presents a
8.16substantial and imminent threat to the state's domestic animal population. If the board meets
8.17by electronic means for this purpose, it shall comply with the emergency meeting notice
8.18provisions of section 13D.04, subdivision 3, and, to the fullest extent possible, provide
8.19public and media access to the meeting.

8.20    Sec. 15. Minnesota Statutes 2020, section 41B.047, subdivision 1, is amended to read:
8.21    Subdivision 1. Establishment. The authority shall establish and implement a disaster
8.22recovery loan program to help farmers:
8.23    (1) clean up, repair, or replace farm structures and septic and water systems, as well as
8.24replace seed, other crop inputs, feed, and livestock;
8.25    (2) purchase watering systems, irrigation systems, and other drought mitigation systems
8.26and practices when drought is the cause of the purchase;
8.27    (3) restore farmland;
8.28    (4) replace flocks or livestock, make building improvements, or cover the loss of revenue
8.29when the replacement, improvements, or loss of revenue is due to the confirmed presence
8.30of a highly contagious animal disease in a commercial poultry or game flock, or a commercial
8.31livestock operation, located in Minnesota; or
9.1    (5) cover the loss of revenue when the revenue loss is due to an infectious human disease
9.2for which the governor legislature has declared a peacetime emergency under section 12.31
9.312.315.

9.4    Sec. 16. Minnesota Statutes 2020, section 144.4197, is amended to read:
9.5144.4197 EMERGENCY VACCINE ADMINISTRATION; LEGEND DRUG.
9.6When a mayor, county board chair, or legal successor to such official has declared a
9.7local emergency under section 12.29 or the governor legislature has declared an emergency
9.8under section 12.31, subdivision 1 or 2 12.315, or a community health board or its appointed
9.9agent under chapter 145A has requested the commissioner's assistance in response to an
9.10event threatening public health in its jurisdiction, the commissioner of health may authorize
9.11any person, including, but not limited to, any person licensed or otherwise credentialed
9.12under chapters 144E, 147 to 148, 150A, 151, 153, or 156, to administer vaccinations or
9.13dispense legend drugs if the commissioner determines that such action is necessary to protect
9.14the health and safety of the public. The authorization shall be in writing and shall contain
9.15the categories of persons included in the authorization, any additional training required
9.16before performance of the vaccination or drug dispensing by such persons, any supervision
9.17required for performance of the vaccination or drug dispensing, and the duration of the
9.18authorization. The commissioner may, in writing, extend the scope and duration of the
9.19authorization as the emergency warrants. Any person authorized by the commissioner under
9.20this section shall not be subject to criminal liability, administrative penalty, professional
9.21discipline, or other administrative sanction for good faith performance of the vaccination
9.22or drug dispensing duties assigned according to this section.

9.23    Sec. 17. Minnesota Statutes 2020, section 144E.266, is amended to read:
9.24144E.266 EMERGENCY SUSPENSION OF AMBULANCE SERVICE
9.25REQUIREMENT.
9.26(a) The requirements of sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10,
9.2711, and 13; 144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are suspended:
9.28(1) throughout the state during a national security emergency declared under section
9.2912.31 12.315;
9.30(2) in the geographic areas of the state affected during a peacetime emergency declared
9.31under section 12.31 12.315; and
10.1(3) in the geographic areas of the state affected during a local emergency declared under
10.2section 12.29.
10.3(b) For purposes of this section, the geographic areas of the state affected shall include
10.4geographic areas where one or more ambulance services are providing requested mutual
10.5aid to the site of the emergency.

10.6    Sec. 18. Minnesota Statutes 2020, section 151.441, subdivision 12, is amended to read:
10.7    Subd. 12. Transaction. (a) "Transaction" means the transfer of a product between
10.8persons in which a change of ownership occurs.
10.9(b) The term "transaction" does not include:
10.10(1) intracompany distribution of any product between members of an affiliate or within
10.11a manufacturer;
10.12(2) the distribution of a product among hospitals or other health care entities that are
10.13under common control;
10.14(3) the distribution of a drug or an offer to distribute a drug for emergency medical
10.15reasons, including:
10.16(i) a public health emergency declaration pursuant to United States Code, title 42, section
10.17247d;
10.18(ii) a national security or peacetime emergency declared by the governor legislature
10.19pursuant to section 12.31 12.315; or
10.20(iii) a situation involving an action taken by the commissioner of health pursuant to
10.21section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
10.22for purposes of this paragraph, a drug shortage not caused by a public health emergency
10.23shall not constitute an emergency medical reason;
10.24(4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
10.25practitioner;
10.26(5) the distribution of product samples by a manufacturer or a licensed wholesale
10.27distributor in accordance with United States Code, title 21, section 353(d);
10.28(6) the distribution of blood or blood components intended for transfusion;
10.29(7) the distribution of minimal quantities of product by a licensed retail pharmacy to a
10.30licensed practitioner for office use;
11.1(8) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by
11.2a charitable organization described in United States Code, title 26, section 501(c)(3), to a
11.3nonprofit affiliate of the organization to the extent otherwise permitted by law;
11.4(9) the distribution of a product pursuant to the sale or merger of a pharmacy or
11.5pharmacies or a wholesale distributor or wholesale distributors, except that any records
11.6required to be maintained for the product shall be transferred to the new owner of the
11.7pharmacy or pharmacies or wholesale distributor or wholesale distributors;
11.8(10) the dispensing of a product approved under United States Code, title 21, section
11.9360b(c);
11.10(11) transfer of products to or from any facility that is licensed by the Nuclear Regulatory
11.11Commission or by a state pursuant to an agreement with such commission under United
11.12States Code, title 42, section 2021;
11.13(12) transfer of a combination product that is not subject to approval under United States
11.14Code, title 21, section 355, or licensure under United States Code, title 42, section 262, and
11.15that is:
11.16(i) a product comprised of a device and one or more other regulated components (such
11.17as a drug/device, biologic/device, or drug/device/biologic) that are physically, chemically,
11.18or otherwise combined or mixed and produced as a single entity;
11.19(ii) two or more separate products packaged together in a single package or as a unit
11.20and comprised of a drug and device or device and biological product; or
11.21(iii) two or more finished medical devices plus one or more drug or biological products
11.22that are packaged together in a medical convenience kit;
11.23(13) the distribution of a medical convenience kit if:
11.24(i) the medical convenience kit is assembled in an establishment that is registered with
11.25the United States Food and Drug Administration as a device manufacturer in accordance
11.26with United States Code, title 21, section 360(b)(2);
11.27(ii) the medical convenience kit does not contain a controlled substance that appears in
11.28a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
11.291970, United States Code, title 21, section 801, et seq.;
11.30(iii) in the case of a medical convenience kit that includes a product, the person who
11.31manufactures the kit:
12.1(A) purchased the product directly from the pharmaceutical manufacturer or from a
12.2wholesale distributor that purchased the product directly from the pharmaceutical
12.3manufacturer; and
12.4(B) does not alter the primary container or label of the product as purchased from the
12.5manufacturer or wholesale distributor; and
12.6(iv) in the case of a medical convenience kit that includes a product, the product is:
12.7(A) an intravenous solution intended for the replenishment of fluids and electrolytes;
12.8(B) a product intended to maintain the equilibrium of water and minerals in the body;
12.9(C) a product intended for irrigation or reconstitution;
12.10(D) an anesthetic;
12.11(E) an anticoagulant;
12.12(F) a vasopressor; or
12.13(G) a sympathomimetic;
12.14(14) the distribution of an intravenous product that, by its formulation, is intended for
12.15the replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or
12.16calories, such as dextrose and amino acids;
12.17(15) the distribution of an intravenous product used to maintain the equilibrium of water
12.18and minerals in the body, such as dialysis solutions;
12.19(16) the distribution of a product that is intended for irrigation, or sterile water, whether
12.20intended for such purposes or for injection;
12.21(17) the distribution of a medical gas as defined in United States Code, title 21, section
12.22360ddd; or
12.23(18) the distribution or sale of any licensed product under United States Code, title 42,
12.24section 262, that meets the definition of a device under United States Code, title 21, section
12.25321(h).

12.26    Sec. 19. Minnesota Statutes 2020, section 151.441, subdivision 13, is amended to read:
12.27    Subd. 13. Wholesale distribution. "Wholesale distribution" means the distribution of
12.28a drug to a person other than a consumer or patient, or receipt of a drug by a person other
12.29than the consumer or patient, but does not include:
13.1(1) intracompany distribution of any drug between members of an affiliate or within a
13.2manufacturer;
13.3(2) the distribution of a drug or an offer to distribute a drug among hospitals or other
13.4health care entities that are under common control;
13.5(3) the distribution of a drug or an offer to distribute a drug for emergency medical
13.6reasons, including:
13.7(i) a public health emergency declaration pursuant to United States Code, title 42, section
13.8247d;
13.9(ii) a national security or peacetime emergency declared by the governor legislature
13.10pursuant to section 12.31 12.315; or
13.11(iii) a situation involving an action taken by the commissioner of health pursuant to
13.12section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10, except that,
13.13for purposes of this paragraph, a drug shortage not caused by a public health emergency
13.14shall not constitute an emergency medical reason;
13.15(4) the dispensing of a drug pursuant to a valid prescription issued by a licensed
13.16practitioner;
13.17(5) the distribution of minimal quantities of a drug by a licensed retail pharmacy to a
13.18licensed practitioner for office use;
13.19(6) the distribution of a drug or an offer to distribute a drug by a charitable organization
13.20to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
13.21(7) the purchase or other acquisition by a dispenser, hospital, or other health care entity
13.22of a drug for use by such dispenser, hospital, or other health care entity;
13.23(8) the distribution of a drug by the manufacturer of such drug;
13.24(9) the receipt or transfer of a drug by an authorized third-party logistics provider provided
13.25that such third-party logistics provider does not take ownership of the drug;
13.26(10) a common carrier that transports a drug, provided that the common carrier does not
13.27take ownership of the drug;
13.28(11) the distribution of a drug or an offer to distribute a drug by an authorized repackager
13.29that has taken ownership or possession of the drug and repacks it in accordance with United
13.30States Code, title 21, section 360eee-1(e);
13.31(12) salable drug returns when conducted by a dispenser;
14.1(13) the distribution of a collection of finished medical devices, which may include a
14.2product or biological product, assembled in kit form strictly for the convenience of the
14.3purchaser or user, referred to in this section as a medical convenience kit, if:
14.4(i) the medical convenience kit is assembled in an establishment that is registered with
14.5the United States Food and Drug Administration as a device manufacturer in accordance
14.6with United States Code, title 21, section 360(b)(2);
14.7(ii) the medical convenience kit does not contain a controlled substance that appears in
14.8a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of
14.91970, United States Code, title 21, section 801, et seq.;
14.10(iii) in the case of a medical convenience kit that includes a product, the person that
14.11manufactures the kit:
14.12(A) purchased such product directly from the pharmaceutical manufacturer or from a
14.13wholesale distributor that purchased the product directly from the pharmaceutical
14.14manufacturer; and
14.15(B) does not alter the primary container or label of the product as purchased from the
14.16manufacturer or wholesale distributor; and
14.17(iv) in the case of a medical convenience kit that includes a product, the product is:
14.18(A) an intravenous solution intended for the replenishment of fluids and electrolytes;
14.19(B) a product intended to maintain the equilibrium of water and minerals in the body;
14.20(C) a product intended for irrigation or reconstitution;
14.21(D) an anesthetic;
14.22(E) an anticoagulant;
14.23(F) a vasopressor; or
14.24(G) a sympathomimetic;
14.25(14) the distribution of an intravenous drug that, by its formulation, is intended for the
14.26replenishment of fluids and electrolytes, such as sodium, chloride, and potassium; or calories,
14.27such as dextrose and amino acids;
14.28(15) the distribution of an intravenous drug used to maintain the equilibrium of water
14.29and minerals in the body, such as dialysis solutions;
14.30(16) the distribution of a drug that is intended for irrigation, or sterile water, whether
14.31intended for such purposes or for injection;
15.1(17) the distribution of medical gas, as defined in United States Code, title 21, section
15.2360ddd;
15.3(18) facilitating the distribution of a product by providing solely administrative services,
15.4including processing of orders and payments; or
15.5(19) the transfer of a product by a hospital or other health care entity, or by a wholesale
15.6distributor or manufacturer operating at the direction of the hospital or other health care
15.7entity, to a repackager described in United States Code, title 21, section 360eee(16)(B), and
15.8registered under United States Code, title 21, section 360, for the purpose of repackaging
15.9the drug for use by that hospital, or other health care entity and other health care entities
15.10that are under common control, if ownership of the drug remains with the hospital or other
15.11health care entity at all times.

15.12    Sec. 20. Minnesota Statutes 2020, section 270C.34, subdivision 1, is amended to read:
15.13    Subdivision 1. Authority. (a) The commissioner may abate, reduce, or refund any penalty
15.14or interest that is imposed by a law administered by the commissioner, or imposed by section
15.15270.0725, subdivision 1 or 2, or 270.075, subdivision 2, as a result of the late payment of
15.16tax or late filing of a return, or any part of an additional tax charge under section 289A.25,
15.17subdivision 2, or 289A.26, subdivision 4, if the failure to timely pay the tax or failure to
15.18timely file the return is due to reasonable cause, or if the taxpayer is located in a presidentially
15.19declared disaster or in a presidentially declared state of emergency area or in an area declared
15.20to be in a state of emergency by the governor legislature under section 12.31 12.315.
15.21    (b) The commissioner shall abate any part of a penalty or additional tax charge under
15.22section 289A.25, subdivision 2, or 289A.26, subdivision 4, attributable to erroneous advice
15.23given to the taxpayer in writing by an employee of the department acting in an official
15.24capacity, if the advice:
15.25    (1) was reasonably relied on and was in response to a specific written request of the
15.26taxpayer; and
15.27    (2) was not the result of failure by the taxpayer to provide adequate or accurate
15.28information.

15.29    Sec. 21. Minnesota Statutes 2020, section 295.50, subdivision 2b, is amended to read:
15.30    Subd. 2b. Emergency medical reasons. "Emergency medical reasons" means a public
15.31health emergency declaration pursuant to United States Code, title 42, section 247d; a
15.32national security or peacetime emergency declared by the governor legislature pursuant to
16.1section 12.31 12.315; or a situation involving an action by the commissioner of health
16.2pursuant to section 144.4197, 144.4198, or 151.37, subdivisions 2, paragraph (b), and 10,
16.3except that, for purposes of this subdivision, a drug shortage not caused by a public health
16.4emergency shall not constitute an emergency medical reason.

16.5    Sec. 22. REPEALER.
16.6Minnesota Statutes 2020, sections 4.035, subdivision 2; 12.31; and 12.32, are repealed."
16.7Amend the title accordingly