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HF 36

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/17/2021 11:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 2020, section 12.31,
subdivision 2.


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 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 shall 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
legislaturedeleted text begin , the legislature may terminate a peacetime emergency extending beyond 30 daysdeleted text end new text begin .
The governor may make additional proposals to extend the peacetime emergency, and the
legislature may, by a two-thirds 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
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) An executive order issued by the governor related to a peacetime emergency declared
under this subdivision may be revoked or rescinded by a majority vote of each house of the
new text end

new text begin (d) The governor shall 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 (e) If a peacetime emergency declaration is in effect under this subdivision and the
governor determines the need to declare an additional, separate peacetime emergency, the
governor is not required to make an additional declaration under this subdivision for the
second peacetime emergency except for purposes of receiving federal aid under section
12.22. A second peacetime emergency declared under this paragraph shall be effective for
the duration of the first peacetime emergency declaration. An extension of either the first
or second 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