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HF732 (Legislative Session 94 (2025-2026))

Peacetime emergency extension legislative approval required and duration limited.

Related bill: SF241

AI Generated Summary

The legislative bill discussed here is focused on amending how peacetime emergencies are declared and managed in Minnesota. Specifically, it aims to modify the existing law to set stricter controls on the duration and extension of such emergencies declared by the governor. Here are the key points:

  1. Conditions for Declaring Emergencies: The governor can declare a peacetime emergency when natural disasters, technological failures, terrorist incidents, cyber attacks, industrial accidents, hazardous material accidents, or civil disturbances occur, and when local government resources are deemed inadequate to manage these situations.

  2. Consultation Requirements: If the peacetime emergency affects Indian lands, there is a requirement to consult with tribal authorities unless immediate action is needed.

  3. Notification and Duration: Upon declaring a peacetime emergency, the governor must immediately inform key legislative leaders. Initially, a peacetime emergency cannot last more than five days but can be extended by the Executive Council for up to an additional 25 days, making a total of 30 days.

  4. Extension Beyond 30 Days: Any extension of the peacetime emergency beyond 30 days requires approval from both houses of the state legislature through a majority vote. The governor can propose further extensions, each up to an additional 30 days, which also require legislative approval.

  5. Restrictions on Re-declaration: The governor is prohibited from allowing a peacetime emergency declaration to expire only to re-declare it for the same situation, thereby circumventing the need for legislative approval for extensions.

  6. Managing Multiple Emergencies: If another distinct emergency arises during an existing peacetime emergency, the governor can declare a new emergency without needing an additional declaration for the ongoing one. However, extensions for any ongoing or new emergencies still require legislative approval.

This bill is designed to provide a more structured and checks-balanced approach to handling peacetime emergencies in Minnesota, emphasizing legislative oversight and specific durations and limitations for such declarations.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 12, 2025HouseFloorActionIntroduction and first reading, referred toState Government Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new requirement for legislative approval to extend a peacetime emergency beyond 30 days."
      ],
      "removed": [
        "Eliminates the possibility for the governor to unilaterally extend peacetime emergencies beyond 30 days."
      ],
      "summary": "This bill modifies the procedures for declaring and extending peacetime emergencies under section 12.31, subdivision 2.",
      "modified": [
        "Clarifies the notification process to legislative leaders and sets a maximum initial duration of five days unless extended by resolution of the Executive Council."
      ]
    },
    "citation": "12.31"
  },
  {
    "analysis": {
      "added": [
        "Mentions the applicability of federal aid procedures during peacetime emergencies."
      ],
      "removed": [],
      "summary": "The bill references section 12.22 in the context of receiving federal aid.",
      "modified": []
    },
    "citation": "12.22"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill refers to the governor's constitutional authority over the National Guard.",
      "modified": []
    },
    "citation": "Minnesota Constitution article V section 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill reaffirms the governor's command over the National Guard.",
      "modified": []
    },
    "citation": "chapters 190 to 192A"
  }
]

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