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HF 1346

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 12:34pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; limiting duration of peacetime emergencies to 14 days;
requiring legislative approval for extending a peacetime emergency beyond 14
days; amending Minnesota Statutes 2020, section 12.31, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 12.31, subdivision 2, is amended to read:


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. deleted text begin A peacetime emergency must not be continued for more than five
days unless extended by resolution of the Executive Council up to 30 days.
deleted text end An order, or
proclamation declaringdeleted text begin , continuing,deleted text end or terminating an emergency must be given prompt and
general publicity and filed with the secretary of state.new text begin A peacetime emergency declared
under this subdivision expires 14 days after the governor's declaration, unless extended by
the legislature as provided in paragraph (b).
new text end

(b) By majority vote of deleted text begin each housedeleted text end new text begin both bodiesnew text end of the legislature, the legislature may
deleted text begin terminatedeleted text end new text begin extendnew text end a peacetime emergency deleted text begin extendingdeleted text end beyond deleted text begin 30deleted text end new text begin 14new text end days. If the governor
determines a need to extend the peacetime emergency declaration beyond deleted text begin 30deleted text end new text begin 14new text end days and
the legislature is not sitting in session, the governor must issue a call immediately convening
both houses of the legislature.new text begin The legislature may extend the duration of the peacetime
emergency for at least 14 days but not more than 30 days.
new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to peacetime emergencies in effect or declared on or after that date.
new text end