HF 2085

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:01pm

A bill for an act
relating to state government; requiring legislative approval for extending a
peacetime emergency past 30 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. A peacetime emergency must not be continued for more than five
days unless extended by resolution of the Executive Council new text begin for up to an additional 25 days
for a total of new text end 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) deleted text begin By majority vote of each house of the legislature, the legislature may terminate a
peacetime emergency extending beyond 30 days. deleted text end new text begin A peacetime emergency must not be
continued, through an extension of the original order or through a new order effective within
seven days of the expiration of the peacetime emergency under the original order, more
than 30 days without approval of a majority vote of each house of the legislature. new text end 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.