Minnesota SF 440: Unilateral Emergency Powers Repeal Act

Bill Text

1.1 A bill for an act​
1.2 relating to emergency management; repealing governor's power to declare​
1.3 emergency; establishing a legislative emergency declaration and extension process;​
1.4 repealing governor's authority to adopt orders and expedited rules that have the​
1.5 effect of law during an emergency; protecting citizen rights; making technical​
1.6 corrections; amending Minnesota Statutes 2024, sections 12.03, subdivision 1e;​
1.7 12.21, subdivisions 1, 3; 12.25, subdivision 3; 12.36; 12.45; 12.61, subdivision 2;​
1.8 14.03, subdivision 1; 34A.11, subdivision 6; 35.0661, subdivision 1; 41B.047,​
1.9 subdivision 1; 144.4197; 144E.266; 151.441, subdivisions 12, 13; 270C.34,​
1.10 subdivision 1; 295.50, subdivision 2b; proposing coding for new law in Minnesota​
1.11 Statutes, chapter 12; repealing Minnesota Statutes 2024, sections 4.035, subdivision​
1.12 2; 12.31; 12.32.​
1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.14 Section 1. TITLE.​
1.15 This act may be cited as the "Unilateral Emergency Powers Repeal Act."​
1.16 Sec. 2. [12.025] PROTECTION OF CITIZENS' RIGHTS.​
1.17 Nothing in this chapter authorizes the governor or the state director to:​
1.18 (1) infringe on the rights of the people in the state, including but not limited to:​
1.19 (i) the right of free speech;​
1.20 (ii) the right to exercise religious beliefs;​
1.21 (iii) the right to assemble;​
1.22 (iv) the right to keep and bear arms;​
1.23 (v) the freedom of travel; and​
1​Sec. 2.​
25-00760 as introduced​11/27/24 REVISOR KRB/HL​
SENATE​
STATE OF MINNESOTA​
S.F. No. 440​NINETY-FOURTH SESSION​
(SENATE AUTHORS: LIESKE, Draheim, Drazkowski, Utke and Johnson)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​135​01/21/2025​
Referred to State and Local Government​

2.1 (vi) the right to operate a business or earn income; or​
2.2 (2) make orders that carry the full force and effect of law, which is a power only granted​
2.3 to the legislative department under article IV of the Minnesota Constitution.​
2.4 Sec. 3. Minnesota Statutes 2024, section 12.03, subdivision 1e, is amended to read:​
2.5 Subd. 1e.Declared emergency."Declared emergency" means a national security or​
2.6 peacetime emergency declared by the governor legislature under section 12.31 12.315.​
2.7 Sec. 4. Minnesota Statutes 2024, section 12.21, subdivision 1, is amended to read:​
2.8 Subdivision 1.General authority.The governor (1) has general direction and control​
2.9 of emergency management, (2) may carry out the provisions of this chapter, and (3) during​
2.10 a national security an emergency declared as existing under section 12.31 12.315, during​
2.11 the existence of an energy supply emergency as declared under section 216C.15, or during​
2.12 the existence of an emergency resulting from an incident at a nuclear power plant that poses​
2.13 a radiological or other health hazard, may assume direct operational control over all or any​
2.14 part of the emergency management functions within this state.​
2.15 Sec. 5. Minnesota Statutes 2024, section 12.21, subdivision 3, is amended to read:​
2.16 Subd. 3.Specific authority.In performing duties under this chapter and to effect its​
2.17 policy and purpose, the governor may:​
2.18 (1) make, amend, and rescind the necessary orders and rules to carry out the provisions​
2.19 of this chapter and section 216C.15 within the limits of the authority conferred by this​
2.20 section, with due consideration of the plans of the federal government and without complying​
2.21 with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided​
2.22 by section 12.32;​
2.23 (2) ensure that a comprehensive emergency operations plan and emergency management​
2.24 program for this state are developed and maintained, and are integrated into and coordinated​
2.25 with the emergency plans of the federal government and of other states to the fullest possible​
2.26 extent;​
2.27 (3) in accordance with the emergency operations plan and the emergency management​
2.28 program of this state, procure supplies, equipment, and facilities; institute training programs​
2.29 and public information programs; and take all other preparatory steps, including the partial​
2.30 or full activation of emergency management organizations in advance of actual disaster to​
2​Sec. 5.​
25-00760 as introduced​11/27/24 REVISOR KRB/HL​

3.1 ensure the furnishing of adequately trained and equipped forces of emergency management​
3.2 personnel in time of need;​
3.3 (4) make studies and surveys of the industries, resources, and facilities in this state as​
3.4 may be necessary to ascertain the capabilities of the state for emergency management and​
3.5 to plan for the most efficient emergency use of those industries, resources, and facilities;​
3.6 (5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements​
3.7 with other states, tribal authorities, and Canadian provinces, and coordinate mutu