Minnesota Senate Bill SF3256

Minnesota 2023-2024 Regular Session

• Introduced: 4/13/23
• Refer: 4/13/23

Caption

Legislative approval to extend a declared emergency beyond five days requirement; legislative enactment before certain executive orders and rules may have the force and effect of law requirement

Impact

If enacted, this bill would significantly impact Minnesota Statutes related to emergency management, specifically those that govern the duration and authority of emergency powers granted to the governor. Currently, a governor can declare a state of emergency and act with considerable latitude; SF3256 would curtail this by insisting on legislative involvement, which could provide a check against potential misuse of emergency powers. The goal is to ensure that emergency measures reflect the will of the people's representatives rather than unilateral decisions made by executive authority.

Summary

SF3256 aims to alter the existing framework of emergency management in Minnesota by emphasizing legislative oversight. The bill requires that any declared emergency—whether peacetime or due to bioterrorism—cannot be extended beyond five days without explicit legislative approval. This change is designed to enhance governance during emergencies by ensuring that elected representatives retain control over emergency declarations and extensions. By placing these restrictions, the bill seeks to protect citizen rights and minimize potential overreach in executive power during crises.

Contention

Notably, this bill has been contentious among lawmakers. Proponents argue that it protects democratic processes and prevents executive overreach, especially noted during the COVID-19 pandemic when some felt that gubernatorial powers were exercised too freely. Conversely, opponents may argue that the changes could hinder effective and timely responses to emergencies, particularly in scenarios that require swift action without lengthy legislative processes. The potential for delayed responses could endanger public safety, especially in situations where quick decisions are crucial.

Legislative history

The bill was introduced and referred to the State and Local Government and Veterans committee, reflecting a legislative intent to scrutinize the power dynamics involved in managing state emergencies. The bill marks a shift toward more transparent governance, inviting broader community involvement when crises occur.