SF 241

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/29/2025 04:26 p.m.

A bill for an act
relating to public safety; requiring legislative approval to extend the duration of a
peacetime emergency declared by the governor; limiting duration of peacetime
emergency extensions; amending Minnesota Statutes 2024, section 12.31,
subdivision 2.

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

Section 1.

Minnesota Statutes 2024, 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
any of the following endangers life and property and local government resources are
inadequate to handle the situation:

(1) an act of nature;

(2) a technological failure or malfunction;

(3) a terrorist incident;

(4) a cyber attack, including a physical or electronic attack on the state's information
and telecommunications technology infrastructure, systems, or services;

(5) an industrial accident;

(6) a hazardous materials accident; or

(7) a civil disturbance.

If the peacetime emergency occurs on Indian lands, the governor or state director of
emergency management deleted text begin shall deleted text end new text begin must new text end 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 new text end up to new text begin an additional
25 days for a cumulative total of new text end 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) new text begin The governor must not extend a peacetime emergency beyond the 30 days provided
in paragraph (a) unless the extension is approved new text end by majority vote of each house of the
legislature deleted text begin , the legislature may terminate a peacetime emergency extending beyond 30 days deleted text end . new text begin
The governor may make additional proposals to extend the peacetime emergency, and the
legislature may, by majority vote of each house, extend the peacetime emergency for up to
an additional 30 days per proposal. new text end If the governor determines a need to extend the peacetime
emergency declaration beyond 30 days new text begin or beyond a peacetime emergency declaration
extended by up to 30 days by the legislature under this paragraph new text end and the legislature is not
sitting in session, the governor must new text begin provide at least three days' notice to the majority and
minority leaders in both houses of the legislature of the governor's intent to new text end 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.

new text begin (c) The governor must not allow a peacetime emergency declaration to expire and declare
a new peacetime emergency for the same emergency in an effort to avoid obtaining legislative
approval for an extension of a peacetime emergency as provided under this subdivision.
new text end

new text begin (d) If a peacetime emergency declaration is in effect under this subdivision and the
governor determines the need to declare an additional, separate peacetime emergency in
response to a different event than the event for which the first emergency was declared, the
governor is not required to make an additional declaration under this subdivision for the
subsequent peacetime emergency except for purposes of receiving federal aid under section
12.22. A subsequent peacetime emergency declared under this paragraph is effective for
the duration of the previous peacetime emergency declaration. An extension of either the
previous or subsequent peacetime emergency declaration, or both, under this paragraph is
subject to legislative approval as required in paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end