2004 Minnesota Statutes

     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 or public 
 health emergency 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 
 sections 12.31 to 12.37 and 12.381.  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, a public health emergency, 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.  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) This paragraph applies to a peacetime emergency 
 declared as a result of a public health emergency.  If the 
 legislature is sitting in session at the time of the emergency 
 declaration, the governor may exercise the powers and duties 
 conferred by this chapter for the period allowed under paragraph 
 (a).  If the legislature is not sitting in session when a 
 peacetime emergency is declared or renewed, the governor may 
 exercise the powers and duties conferred by this chapter for the 
 period allowed under paragraph (a) only if the governor issues a 
 call convening both houses of the legislature at the same time 
 the governor declares or renews the peacetime emergency. 

    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. 

    HIST: 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 

*   NOTE:  The amendments to subdivisions 1, 2, and 3, by Laws 
*2002, chapter 402, sections 7 to 9, expire August 1, 2005.  Laws 
*2002, chapter 402, section 21, as amended by Laws 2004, chapter 279, 
*article 11, section 7.