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SF686 (Legislative Session 94 (2025-2026))

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

AI Generated Summary

Senate Bill SF No. 686, also known as the Unilateral Emergency Powers Repeal Act, is a proposed legislative measure that seeks to significantly change how emergencies are managed in Minnesota. The bill proposes the following key changes:

  1. Repeal of Governor's Emergency Powers: This act aims to strip the governor of the ability to unilaterally declare emergencies. Instead, the declaration of emergencies would be shifted to the legislative body, requiring a specific legislative process.

  2. Legislative Control Over Emergency Declarations: Emergencies would need to be declared by a two-thirds majority vote in both houses of the legislature. This would apply to all kinds of emergencies, whether caused by natural disasters, technological failures, or security threats.

  3. Limited Duration and Legislative Oversight: Any declared emergency would automatically expire after five days unless extended by the legislature for up to 30 days through a similar voting process.

  4. Protection of Citizen Rights During Emergencies: The bill emphasizes the protection of fundamental rights such as free speech, religious exercise, assembly, bearing arms, travel, and the right to operate businesses and earn income during emergencies.

  5. Modification of Statutes: Several existing statutes under Minnesota law would be amended to align with the new provisions, where the governor's roles are reduced and more oversight and control are given to the legislature. These modifications also involve procedural changes in how emergency rules and orders are adopted, emphasizing legislature involvement and the reduction of the governor’s authority to enact laws during emergencies.

  6. Technical Corrections and New Coding: The bill includes technical corrections to ensure the smooth implementation of these changes and proposes new coding within Minnesota law to accommodate the structural adjustments.

Ultimately, if enacted, this bill would fundamentally restructure emergency management in Minnesota, shifting much of the decision-making power from the governor to the state legislature and ensuring more democratic oversight during times of crisis.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 26, 2025SenateFloorActionIntroduction and first reading
January 26, 2025HouseFloorActionIntroduction and first reading
January 26, 2025SenateFloorActionReferred toState and Local Government
January 26, 2025HouseFloorActionReferred toState and Local Government
February 19, 2025HouseFloorActionAuthors added
February 19, 2025SenateFloorActionAuthors added
March 23, 2025SenateFloorActionAuthor stricken

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarification on coordination with federal emergency plans."
      ],
      "removed": [
        "Direct reference to federal compliance sections 140.01 to 146.9."
      ],
      "summary": "Modifies the governor's general authority during emergencies under section 122.21.",
      "modified": [
        "Governor's scope of emergency management adjusted."
      ]
    },
    "citation": "122.21",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Provision to coordinate traffic plans with public highway management."
      ],
      "removed": [
        "Specifics of compliance with sections 140.01 to 146.9."
      ],
      "summary": "Amendments to the governor's specific authority in emergencies under section 122.21.",
      "modified": [
        "Updated delegation powers for emergency management."
      ]
    },
    "citation": "122.21",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Condition for emergency care facilities setup."
      ],
      "removed": [
        "Previous limitations on responder liabilities."
      ],
      "summary": "Amendments related to emergency executive orders under section 126.1.",
      "modified": [
        "Adjustment of responder duties in declared emergencies."
      ]
    },
    "citation": "126.1",
    "subdivision": "subdivision 2"
  }
]

Sponsors