HF208 (False House Legislative Session 94 (2025-2026))

Legislative approval required to extend the duration of a peacetime emergency declared by the governor, and duration of peacetime emergency extensions limited.

Related bill: SF241

AI Generated Summary

This legislative bill in Minnesota proposes changes to the process by which the governor can declare and extend a peacetime emergency. Key points include:

  1. Scope of Peacetime Emergency: The governor can declare a peacetime emergency only under specific circumstances that threaten life and property where local resources are insufficient. These can be due to natural disasters, technological failures, terrorist incidents, cyber attacks, industrial or hazardous material accidents, or civil disturbances.

  2. Initial Declaration and Notification: Upon declaring a peacetime emergency, the governor must promptly inform key legislative leaders and cannot continue the emergency beyond five days without further action.

  3. Extension Requirements: To extend a peacetime emergency beyond the initial five days, the governor needs approval from an Executive Council for up to an additional 25 days, making a total of 30 days permissible under the initial extension.

  4. Further Extensions and Legislative Involvement: For any extension beyond these 30 days, it must be approved through a majority vote in each house of the legislature. The governor can propose multiple 30-day extensions as necessary, but each must be approved by the legislature.

  5. Special Conditions: If the legislature isn’t in session and an extension is needed, the governor must notify legislative leaders at least three days in advance of the intention to reconvene them.

  6. Restrictions on Sequential Emergencies: The governor is prohibited from declaring a new peacetime emergency immediately after one ends on the same basis to circumvent legislative approval.

  7. Separate Emergencies: If a new, distinct emergency arises during an existing peacetime emergency, the governor can declare an additional emergency without new approval but must still seek legislative approval for any extensions related to the new emergency, especially if federal aid is involved.

This bill aims to ensure that the extension of peacetime emergencies remains a collaborative process between the executive branch and the legislature, enhancing checks and balances in emergency management.

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