Minnesota Legislature
HF 21
as introduced - 94th Legislature (2025 - 2026) Posted on 02/27/2025 05:46pm
Current Version - as introduced
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A bill for an act
relating to state government; requiring supermajority approval by each house of
the legislature to extend a peacetime emergency beyond 14 days; 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 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 deleted text begin fivedeleted text end new text begin 14new text end days unless deleted text begin extended by resolution of the Executive Council up to 30 daysdeleted text end new text begin an
extension is requested by the governor and approved by the legislature under paragraph (b)new 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.
(b) By new text begin a three-fifths new text end majority vote of each house 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
deleted text begin determines a need to extend thedeleted text end new text begin requests the extension of anew text end peacetime emergency deleted text begin declaration
beyond 30 daysdeleted text end and the legislature is not sitting in session, the governor must issue a call
immediately convening both houses of the legislature. new text begin If the governor requests further
extension of a peacetime emergency beyond the time approved by the legislature, the
governor must submit a new request and the legislature may only extend the emergency
further by a three-fifths majority vote of each house. 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.