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SF 2288

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 08:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; requiring three-fifths majority approval from both
legislative bodies to extend peacetime emergencies beyond 30 days; amending
Minnesota Statutes 2020, section 12.31, subdivision 2.

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 new text begina three-fifths new text endmajority vote of each house of the legislature, the legislature may
deleted text begin terminatedeleted text endnew text begin extendnew text end a peacetime emergency deleted text beginextendingdeleted text end beyond 30 daysnew text begin upon the governor's
request for up to an additional 30 days. Each time the governor determines a need to extend
a peacetime emergency beyond the time approved by the legislature, the governor must
submit a new request to the legislature, and the legislature may only extend the emergency
by a three-fifths majority vote of each house of the legislature
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