HF 371

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/19/2022 06:26pm

A bill for an act
relating to state government; permitting the legislature to terminate any order or
rule adopted by the governor directing a response to a peacetime emergency if the
emergency is continued for more than 30 days; amending Minnesota Statutes 2020,
sections 12.31, subdivision 2; 12.32.

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 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) By majority vote of each house of the legislature, the legislature may deleted text begin terminate deleted text end new text begin take
either of the following actions in the event new text end a peacetime emergency deleted text begin extending beyond deleted text end new text begin is
continued for more than new text end 30 days new text begin :
new text end

new text begin (1) terminate the peacetime emergency declaration in its entirety; or
new text end

new text begin (2) terminate any subsequent order or rule promulgated by the governor directing a
specific response to the peacetime emergency new text end .

new text begin (c) 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.

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

Sec. 2.

Minnesota Statutes 2020, section 12.32, is amended to read:

12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

Orders and rules promulgated by the governor under authority of section 12.21,
subdivision 3, clause (1), when approved by the Executive Council and filed in the Office
of the Secretary of State, have, during a national security emergency, peacetime emergency,
or energy supply emergency, the full force and effect of law. Rules and ordinances of any
agency or political subdivision of the state inconsistent with the provisions of this chapter
or with any order or rule having the force and effect of law issued under the authority of
this chapter, is suspended during the period of time and to the extent that the emergency
exists. new text begin This section does not apply to an order or rule terminated by the legislature under
section 12.31, subdivision 2.
new text end

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