1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; requiring legislative approval to extend the duration of a |
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3 | 3 | | 1.3 peacetime emergency declared by the governor; limiting duration of peacetime |
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4 | 4 | | 1.4 emergency extensions; amending Minnesota Statutes 2024, section 12.31, |
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5 | 5 | | 1.5 subdivision 2. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 12.31, subdivision 2, is amended to read: |
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8 | 8 | | 1.8 Subd. 2.Declaration of peacetime emergency.(a) The governor may declare a |
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9 | 9 | | 1.9peacetime emergency. A peacetime declaration of emergency may be declared only when |
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10 | 10 | | 1.10any of the following endangers life and property and local government resources are |
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11 | 11 | | 1.11inadequate to handle the situation: |
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12 | 12 | | 1.12 (1) an act of nature; |
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13 | 13 | | 1.13 (2) a technological failure or malfunction; |
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14 | 14 | | 1.14 (3) a terrorist incident; |
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15 | 15 | | 1.15 (4) a cyber attack, including a physical or electronic attack on the state's information |
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16 | 16 | | 1.16and telecommunications technology infrastructure, systems, or services; |
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17 | 17 | | 1.17 (5) an industrial accident; |
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18 | 18 | | 1.18 (6) a hazardous materials accident; or |
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19 | 19 | | 1.19 (7) a civil disturbance. |
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20 | 20 | | 1.20If the peacetime emergency occurs on Indian lands, the governor or state director of |
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21 | 21 | | 1.21emergency management shall must consult with tribal authorities before the governor makes |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR KRB/MI 25-0347402/07/25 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 732 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by Olson02/13/2025 |
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31 | 31 | | 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 |
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32 | 32 | | 2.2to act without such consultation when the situation calls for prompt and timely action. When |
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33 | 33 | | 2.3the governor declares a peacetime emergency, the governor must immediately notify the |
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34 | 34 | | 2.4majority and minority leaders of the senate and the speaker and majority and minority leaders |
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35 | 35 | | 2.5of the house of representatives. A peacetime emergency must not be continued for more |
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36 | 36 | | 2.6than five days unless extended by resolution of the Executive Council for up to an additional |
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37 | 37 | | 2.725 days for a cumulative total of 30 days. An order, or proclamation declaring, continuing, |
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38 | 38 | | 2.8or terminating an emergency must be given prompt and general publicity and filed with the |
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39 | 39 | | 2.9secretary of state. |
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40 | 40 | | 2.10 (b) The governor must not extend a peacetime emergency beyond the 30 days provided |
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41 | 41 | | 2.11in paragraph (a) unless the extension is approved by majority vote of each house of the |
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42 | 42 | | 2.12legislature, the legislature may terminate a peacetime emergency extending beyond 30 days. |
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43 | 43 | | 2.13The governor may make additional proposals to extend the peacetime emergency, and the |
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44 | 44 | | 2.14legislature may, by majority vote of each house, extend the peacetime emergency for up to |
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45 | 45 | | 2.15an additional 30 days per proposal. If the governor determines a need to extend the peacetime |
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46 | 46 | | 2.16emergency declaration beyond 30 days or beyond a peacetime emergency declaration |
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47 | 47 | | 2.17extended by up to 30 days by the legislature under this paragraph and the legislature is not |
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48 | 48 | | 2.18sitting in session, the governor must provide at least three days' notice to the majority and |
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49 | 49 | | 2.19minority leaders in both houses of the legislature of the governor's intent to issue a call |
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50 | 50 | | 2.20immediately convening both houses of the legislature. Nothing in this section limits the |
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51 | 51 | | 2.21governor's authority over or command of the National Guard as described in the Military |
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52 | 52 | | 2.22Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section |
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53 | 53 | | 2.233. |
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54 | 54 | | 2.24 (c) The governor must not allow a peacetime emergency declaration to expire and declare |
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55 | 55 | | 2.25a new peacetime emergency for the same emergency in an effort to avoid obtaining legislative |
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56 | 56 | | 2.26approval for an extension of a peacetime emergency as provided under this subdivision. |
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57 | 57 | | 2.27 (d) If a peacetime emergency declaration is in effect under this subdivision and the |
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58 | 58 | | 2.28governor determines the need to declare an additional, separate peacetime emergency in |
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59 | 59 | | 2.29response to a different event than the event for which the first emergency was declared, the |
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60 | 60 | | 2.30governor is not required to make an additional declaration under this subdivision for the |
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61 | 61 | | 2.31subsequent peacetime emergency except for purposes of receiving federal aid under section |
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62 | 62 | | 2.3212.22. A subsequent peacetime emergency declared under this paragraph is effective for |
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63 | 63 | | 2.33the duration of the previous peacetime emergency declaration. An extension of either the |
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64 | 64 | | 2.34previous or subsequent peacetime emergency declaration, or both, under this paragraph is |
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65 | 65 | | 2.35subject to legislative approval as required in paragraph (b). |
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66 | 66 | | 2Section 1. |
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67 | 67 | | REVISOR KRB/MI 25-0347402/07/25 3.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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68 | 68 | | 3Section 1. |
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69 | 69 | | REVISOR KRB/MI 25-0347402/07/25 |
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