SF4074

Purpose

• To change how Minnesota handles emergencies by adding a constitutional framework for the governor to declare emergencies and by creating a detailed process for peacetime emergencies, including oversight by the Legislature.

What this bill would change in the Constitution

• It would allow the governor to declare an emergency and set how long the emergency can last (initially seven days, with possible extension by the Legislature).
• It would require the governor to communicate with the Legislature and outline the governor’s general executive duties (like carrying out laws, appointing officials, and filling vacancies) as part of the constitutional framework.
• It would make the emergency declaration process subject to specified legislative controls and notification requirements.

Main provisions (high-level)

• Constitutional amendment: Adds authority for the governor to declare an emergency, with a seven-day duration unless extended by the Legislature.
• Emergency declaration process: The governor may declare an emergency and the Legislature may extend this declaration through a joint process.
• Peacetime emergency: The bill creates a separate “peacetime emergency” in Minnesota Statutes and defines when it can be declared.
• Tr ibal consultation: If a peacetime emergency occurs on Indian lands, the governor must consult with tribal authorities before declaring it (though urgent action can be taken without delay if needed).
• Notification: The governor must promptly inform the leaders of both chambers when a peacetime emergency is declared.
• Duration and extension:
  • Initial peacetime emergency lasts seven days (and could extend to up to 30 days with majority support in both houses and a vote by the Executive Council).
  • If the legislature does not approve an extension, the emergency ends after the initial period.
  • If the legislature is not in session, the governor must call both houses to convene before the initial period ends.
• Termination and oversight:
  • Either house can terminate a peacetime emergency extending beyond 30 days.
  • If the governor seeks an extension beyond 30 days while the legislature is not in session, the governor must convene the Legislature; a majority vote from both houses is still needed to extend.
• National Guard authority: The bill preserves the governor’s authority over the National Guard as described in existing law and the Minnesota Constitution.

Significant changes to existing law

• Introduces a codified peacetime emergency with defined triggers (natural events, cyber attacks, terrorist incidents, civil disturbances, etc.).
• Establishes concrete timeframes and legislative oversight for emergencies (seven days initial period, up to 30 days with legislative approval, and mechanisms to terminate or extend).
• Requires tribal consultation for emergencies on Indian lands (with flexibility for urgent action).
• Creates formal requirements for notifying legislative leaders and convening the Legislature if needed.
• Keeps the governor’s National Guard authority intact and aligned with existing military law.

Effective date and voter approval

• If approved by voters, the constitutional amendment takes effect January 1, 2027.
• The public vote on the amendment will appear on the 2026 general election ballot.

How the process works in practice

• The governor declares an emergency.
• The initial emergency lasts seven days (subject to extension).
• To extend beyond seven days, the Legislature must approve an extension (and the Executive Council must also approve the extension for up to 30 days).
• If the Legislature does not approve an extension, the emergency ends after the initial period.
• For emergencies lasting beyond 30 days, the Legislature can terminate the declaration or the governor can seek a further extension only with the Legislature’s approval; if the Legislature is not in session, the governor must summon them.

Relevant Terms - governor - emergency declaration - peacetime emergency - constitutional amendment - Article V Section 3 (Minnesota Constitution) - Legislature (Senate and House of Representatives) - Executive Council - timeline (seven days; up to 30 days) - extension and termination procedures - notification to legislative leaders - Indian lands / tribal authorities - cyber attack / cyber infrastructure - national guard - military code (ch. 190-192A) - public safety / emergency management - consultation vs. urgent action - vacancy filling (constitutional executive powers) - effective date (January 1, 2027)