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MN SF686

MN SF686
Governor's power to declare and emergency repealer and emergency management provisions modifications


summary

Introduced
01/27/2025
In Committee
01/27/2025
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 changes Minnesota's emergency powers framework by shifting the authority to declare emergencies from the governor to the state legislature. The bill, titled the "Unilateral Emergency Powers Repeal Act", requires that emergency declarations must now be made by a two-thirds vote of both legislative houses, limiting the governor's previous unilateral power to declare emergencies. Key provisions include requiring legislative approval for emergency declarations, restricting the duration of emergencies to five days unless extended by another legislative vote, and explicitly protecting citizens' constitutional rights during emergencies (such as free speech, religious freedom, right to assemble, and right to operate a business). The bill also repeals existing statutes related to gubernatorial emergency declarations and modifies numerous other state laws to replace references to "governor-declared" emergencies with "legislature-declared" emergencies. Additionally, the bill stipulates that emergency declarations can only occur under specific circumstances, such as national security threats, natural disasters, technological failures, terrorist incidents, or civil disturbances, and mandates that local government resources must be inadequate to handle the situation before an emergency can be declared.

Committee Categories

Government Affairs

Sponsors (4)

Last Action

Author stricken Eichorn (on 03/24/2025)

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