12.31 NATIONAL SECURITY OR PEACETIME EMERGENCY; DECLARATION.
Subdivision 1. Declaration of national security emergency.
When information from the
President of the United States, the Federal Emergency Management Agency, the Department
of Defense, or the National Warning System indicates the imminence of a national security
emergency within the United States, which means the several states, the District of Columbia, and
the Commonwealth of Puerto Rico, or the occurrence within the state of Minnesota of a major
disaster from enemy sabotage or other hostile action, the governor may, by proclamation, declare
that a national security emergency exists in all or any part of the state. If the legislature is then
in regular session or, if it is not, if the governor concurrently with the proclamation declaring
the emergency issues a call convening immediately both houses of the legislature, the governor
may exercise for a period not to exceed 30 days the powers and duties conferred and imposed by
. The lapse of these emergency powers does not, as regards any
act occurring or committed within the 30-day period, deprive any person, political subdivision,
municipal corporation, or body politic of any right to compensation or reimbursement that it
may have under this chapter.
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 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,
Subd. 3. Effect of declaration of peacetime emergency.
A declaration of a peacetime
emergency in accordance with this section authorizes the governor to exercise for a period not to
exceed the time specified in this section the powers and duties conferred and imposed by this
chapter for a peacetime emergency and invokes the necessary portions of the state emergency
operations plan developed pursuant to section
12.21, subdivision 3
, relating to response and
recovery aspects and may authorize aid and assistance under the plan.
History: 1951 c 694 s 301; 1959 c 34 s 1; 1961 c 561 s 5; 1979 c 65 s 2; 1986 c 444; 1996
c 344 s 20; 1999 c 250 art 2 s 1; 2001 c 7 s 3; 2002 c 402 s 7-9,21; 2004 c 279 art 11 s 7;
2005 c 149 s 7; 2005 c 150 s 5,6,14