1.1 A bill for an act
1.2 relating to public safety; requiring legislative approval to extend the duration of a
1.3 peacetime emergency declared by the governor; limiting duration of peacetime
1.4 emergency extensions; amending Minnesota Statutes 2024, section 12.31,
1.5 subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 12.31, subdivision 2, is amended to read:
1.8 Subd. 2.Declaration of peacetime emergency.(a) The governor may declare a
1.9peacetime emergency. A peacetime declaration of emergency may be declared only when
1.10any of the following endangers life and property and local government resources are
1.11inadequate to handle the situation:
1.12 (1) an act of nature;
1.13 (2) a technological failure or malfunction;
1.14 (3) a terrorist incident;
1.15 (4) a cyber attack, including a physical or electronic attack on the state's information
1.16and telecommunications technology infrastructure, systems, or services;
1.17 (5) an industrial accident;
1.18 (6) a hazardous materials accident; or
1.19 (7) a civil disturbance.
1.20If the peacetime emergency occurs on Indian lands, the governor or state director of
1.21emergency management shall must consult with tribal authorities before the governor makes
1Section 1.
REVISOR KRB/CH 25-0165212/26/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 208
NINETY-FOURTH SESSION
Authored by Olson01/23/2025
The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1such a declaration. Nothing in this section shall be construed to limit the governor's authority
2.2to act without such consultation when the situation calls for prompt and timely action. When
2.3the governor declares a peacetime emergency, the governor must immediately notify the
2.4majority and minority leaders of the senate and the speaker and majority and minority leaders
2.5of the house of representatives. A peacetime emergency must not be continued for more
2.6than five days unless extended by resolution of the Executive Council for up to an additional
2.725 days for a cumulative total of 30 days. An order, or proclamation declaring, continuing,
2.8or terminating an emergency must be given prompt and general publicity and filed with the
2.9secretary of state.
2.10 (b) The governor must not extend a peacetime emergency beyond the 30 days provided
2.11in paragraph (a) unless the extension is approved by majority vote of each house of the
2.12legislature, the legislature may terminate a peacetime emergency extending beyond 30 days.
2.13The governor may make additional proposals to extend the peacetime emergency, and the
2.14legislature may, by majority vote of each house, extend the peacetime emergency for up to
2.15an additional 30 days per proposal. If the governor determines a need to extend the peacetime
2.16emergency declaration beyond 30 days or beyond a peacetime emergency declaration
2.17extended by up to 30 days by the legislature under this paragraph and the legislature is not
2.18sitting in session, the governor must provide at least three days' notice to the majority and
2.19minority leaders in both houses of the legislature of the governor's intent to issue a call
2.20immediately convening both houses of the legislature. Nothing in this section limits the
2.21governor's authority over or command of the National Guard as described in the Military
2.22Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section
2.233.
2.24 (c) The governor must not allow a peacetime emergency declaration to expire and declare
2.25a new peacetime emergency for the same emergency in an effort to avoid obtaining legislative
2.26approval for an extension of a peacetime emergency as provided under this subdivision.
2.27 (d) If a peacetime emergency declaration is in effect under this subdivision and the
2.28governor determines the need to declare an additional, separate peacetime emergency in
2.29response to a different event than the event for which the first emergency was declared, the
2.30governor is not required to make an additional declaration under this subdivision for the
2.31subsequent peacetime emergency except for purposes of receiving federal aid under section
2.3212.22. A subsequent peacetime emergency declared under this paragraph is effective for
2.33the duration of the previous peacetime emergency declaration. An extension of either the
2.34previous or subsequent peacetime emergency declaration, or both, under this paragraph is
2.35subject to legislative approval as required in paragraph (b).
2Section 1.
REVISOR KRB/CH 25-0165212/26/24 3.1 EFFECTIVE DATE.This section is effective the day following final enactment.
3Section 1.
REVISOR KRB/CH 25-0165212/26/24