Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF4246

Introduced
2/26/24  

Caption

Unilateral Emergency Powers Repeal Act establishment

Impact

The proposed changes would have substantial implications for existing Minnesota statutes concerning emergency management. By limiting the powers of the governor, the act seeks to ensure that decisions affecting citizens' rights, such as free speech, assembly, and business operations, are made collectively by elected representatives rather than unilaterally by the executive branch. Supporters argue that this enhances democratic governance and protects citizen rights more robustly, while opponents may view it as a potential hindrance to timely response during critical situations.

Summary

Senate File 4246, known as the Unilateral Emergency Powers Repeal Act, aims to amend current emergency management laws in Minnesota by removing the governor's unilateral authority to declare emergencies and implement orders that have the force of law during such emergencies. The bill proposes establishing a process for the legislative branch to declare emergencies, which would require at least a two-thirds vote from both houses of the legislature for any emergency declaration. This shift intends to enhance legislative oversight and accountability in emergency scenarios.

Contention

Notable points of contention surrounding SF4246 include concerns about the timing and efficacy of emergency responses. Critics argue that requiring legislative approval for emergency declarations could lead to delays in critical situations, such as natural disasters or public health crises, where swift action is necessary. Proponents, however, highlight that the bill is designed to prevent abuse of power and protect individual rights, ensuring that emergency measures are justified and widely supported.

Companion Bills

MN HF4257

Similar To Governor's power to declare emergency repealed, legislative emergency declaration and extension process established, governor's authority to adopt orders and expedited rules that have effect during emergency repealed, and citizen rights protected.

Similar Bills

MN SF4692

Unilateral Emergency Powers Repeal Act

MN SF686

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

MN SF1191

Never Again Act

MN SF440

Unilateral Emergency Powers Repeal Act

MN HF4257

Governor's power to declare emergency repealed, legislative emergency declaration and extension process established, governor's authority to adopt orders and expedited rules that have effect during emergency repealed, and citizen rights protected.

MN HF233

Hardwood Creek Regional Trail funding provided, bonds issued, and money appropriated.

MN SF3256

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

MN SF454

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