HF21

Purpose

This bill changes how Minnesota handles peacetime emergencies by adding new limits and checks on how long an emergency can continue and who must approve longer extensions. The goal is to ensure the legislature has greater oversight over emergency extensions while keeping the governor's ability to respond in urgent situations.

Main Provisions

• Declaration of a peacetime emergency

  • The governor may declare a peacetime emergency when life and property are endangered and local resources are not enough to respond.
  • Triggers include: acts of nature; technological failure or malfunction; terrorist incidents; cyber attacks on information and telecommunications infrastructure; industrial accidents; hazardous materials incidents; and civil disturbances.
  • If the emergency affects Indian lands, the governor or state emergency director must consult with tribal authorities before declaring, but prompt action remains allowed if needed.
  • The governor must immediately notify the leaders of both the Senate and the House upon declaring.

• Duration and extensions

  • A peacetime emergency may continue for up to 14 days without further action.
  • Extensions beyond 14 days require approval by the Executive Council and a governor’s request for up to a total of 30 days.
  • To extend beyond 30 days, both houses of the legislature must pass a resolution by a three-fifths (supermajority) vote.
  • If the governor wants to extend beyond 30 days but the legislature is not in session, the governor must immediately convene both houses.
  • If the governor seeks a further extension beyond what the legislature has approved, a new request must be submitted and may only be approved by a three-fifths majority in both houses.

• Legislative involvement and process

  • The Executive Council can approve extensions up to 30 days, but greater extensions require ongoing legislative consent.
  • Termination or further extension beyond 30 days requires a three-fifths majority in each house.
  • The governor’s authority over the National Guard remains described in and limited by the Minnesota Constitution and Military Code; this bill does not limit that authority.

Notable Changes to Law

• Adds a required supermajority (three-fifths) in both houses to extend peacetime emergencies beyond 30 days.
• Introduces a legislative check on extensions by requiring approval for longer-term emergencies.
• Creates a closer legislative-branch role in the management and prolongation of emergencies, beyond the governor’s unilateral declaration power.
• Maintains existing governor authority for urgent action and National Guard command, but with new procedural limits for longer emergencies.
• Adds a tribal consultation requirement before declaring a peacetime emergency on Indian lands.

Significance and Implications

• The bill strengthens legislative oversight over prolonged emergencies and constrains unilateral extensions by the governor.
• It preserves the governor’s ability to respond quickly in urgent situations but requires legislative buy-in for longer-term actions.
• It introduces explicit steps and timing (14 days initial, up to 30 days with Executive Council and governor request, beyond 30 days with three-fifths legislative approval) and requires immediate notice to leaders.
• The changes could affect how quickly Minnesota can respond to extended crises and may require more proactive coordination between the executive and legislative branches.

Relevant Terms peacetime emergency; declaration; governor; Executive Council; extension; termination; fourteen days; thirty days; three-fifths majority; legislature; Indian lands; tribal authorities; cyber attack; information and telecommunications technology infrastructure; cyber; act of nature; terrorist incident; civil disturbance; industrial accident; hazardous materials; consultation; National Guard; Military Code; Minnesota Constitution.