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MN SF440

MN SF440
Unilateral Emergency Powers Repeal Act


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

94th Legislature 2025-2026

Bill Summary

A bill for an act relating to emergency management; repealing governor's power to declare emergency; establishing a legislative emergency declaration and extension process; repealing governor's authority to adopt orders and expedited rules that have the effect of law during an emergency; protecting citizen rights; making technical corrections; amending Minnesota Statutes 2024, sections 12.03, subdivision 1e; 12.21, subdivisions 1, 3; 12.25, subdivision 3; 12.36; 12.45; 12.61, subdivision 2; 14.03, subdivision 1; 34A.11, subdivision 6; 35.0661, subdivision 1; 41B.047, subdivision 1; 144.4197; 144E.266; 151.441, subdivisions 12, 13; 270C.34, subdivision 1; 295.50, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 2024, sections 4.035, subdivision 2; 12.31; 12.32.

AI Summary

This bill fundamentally restructures Minnesota's emergency management law by transferring the power to declare emergencies from the governor to the state legislature. The legislation requires that any emergency declaration must be approved by a two-thirds vote in both legislative chambers, with initial emergency declarations lasting up to five days and potential 30-day extensions. The bill explicitly protects citizens' constitutional rights during emergencies, preventing government infringement on freedoms such as free speech, religious practice, assembly, gun ownership, travel, and business operations. It removes the governor's unilateral ability to issue emergency orders with the force of law and instead mandates legislative oversight and approval. The bill repeals existing statutes related to gubernatorial emergency powers and modifies numerous other state laws to reflect this new legislative emergency declaration process. Critically, the legislation aims to ensure that emergency powers cannot be exercised without broad legislative consensus, thereby preventing potential executive overreach and preserving the separation of powers. The bill represents a significant shift in how Minnesota will handle emergency management, prioritizing collective legislative decision-making over executive discretion.

Committee Categories

Government Affairs

Sponsors (5)

Last Action

Referred to State and Local Government (on 01/21/2025)

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