HF 4658

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 01:11pm

A bill for an act
relating to public safety; excluding climate change from peacetime emergency
declarations; amending Minnesota Statutes 2020, sections 12.03, subdivision 2;
12.31, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 12.03, subdivision 2, is amended to read:

Subd. 2.

Disaster.

"Disaster" means a situation that creates an actual or imminent serious
threat to the health and safety of persons, or a situation that has resulted or is likely to result
in catastrophic loss to property or the environment, and for which traditional sources of
relief and assistance within the affected area are unable to repair or prevent the injury or
loss. new text begin Disaster does not include the effects of climate change.
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

Sec. 2.

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. new text begin The governor may
not declare a peacetime emergency to address the effects of climate change. new text end 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 terminate a
peacetime emergency extending beyond 30 days. 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.
new text end