Purpose

• Propose a constitutional change to allow the governor to declare an official state emergency.
• Establish a framework for how emergencies are declared, extended, and terminated, with legislative oversight.
• Create a related statute that defines what counts as a peacetime emergency and how it operates in practice.

Main provisions

• Constitutional amendment (to Article V, Section 3):
  • The governor would have the power to declare an emergency.
  • By default, an emergency declaration would last seven days unless the legislature extends it.
  • The governor would retain powers and duties described in the constitution (including being commander-in-chief of the state’s military and other standard duties) and would fill certain vacant offices until successors are chosen.
  • If the amendment is approved by voters, it would take effect January 1, 2027.
• Emergency declaration enabling legislation (Minnesota Statutes, new Subdivision 2):
  • Defines a peacetime emergency and when one can be declared.
  • Triggers for a peacetime emergency include events such as: natural disasters, technological failures, terrorist incidents, cyber attacks on essential infrastructure, industrial accidents, hazardous materials incidents, and civil disturbances.
  • Tribal consultation: if the emergency affects Indian lands, the governor or state emergency management director must consult with tribal authorities before declaring the emergency, with an exception if prompt action is required.
  • Notification: the governor must immediately notify the leaders of both legislative chambers when an emergency is declared.
  • Duration and extensions: a peacetime emergency cannot continue beyond seven days unless the Executive Council and both houses of the legislature approve an extension for up to 30 days (a majority in each house is required).
  • If the legislature is not in session, the governor must call both houses before the seven-day period ends.
  • Termination: the legislature can terminate an emergency extension beyond 30 days. If the governor asks for a further extension beyond 30 days and the legislature is not in session, the governor must convene both houses; if either house votes no, the emergency ends when the 30-day extension ends.
  • The governor’s authority over the National Guard remains as described in the Military Code and the Minnesota Constitution (no change to that authority).

Significant changes to existing law

• Creates a constitutional framework allowing a governor-declared emergency with a specified seven-day default duration and legislative oversight for extensions.
• Establishes a formal statutory process for peacetime emergencies with explicit triggers and procedural requirements.
• Adds tribal consultation requirements for emergencies on Indian lands.
• Introduces a concrete process for extending emergencies beyond 30 days and for terminating extended emergencies.
• Maintains the governor’s existing authority over the National Guard and other executive powers.

How the process would work in practice

• Declaration: Governor can declare a peacetime emergency when listed triggers occur and local resources are insufficient.
• Notification and transparency: Governor must notify legislative leaders immediately; orders must be public and filed with the Secretary of State.
• Duration and extension: Initial seven-day period; extension up to 30 days only with approval from both legislative chambers.
• If legislature isn’t in session: Governor must convene both houses before the initial seven-day period ends.
• Termination: Legislature can terminate any extension beyond 30 days; if not in session, governor must convene the legislature; either house voting no ends the extension.
• Tribal considerations: Tribes must be consulted when emergency affects Indian lands, unless urgent action makes consultation impractical.

Interaction with National Guard and existing authority

• The bill preserves the governor’s command of the National Guard as described in the Military Code and the Minnesota Constitution, without limiting that authority.

Submission and implementation timeline

• The constitutional amendment would be submitted to voters at the 2026 general election.
• If approved, the amendment becomes effective January 1, 2027.
• The emergency-declaration procedures would be implemented through the new statute once in effect.

Practical implications

• Creates a formal, time-limited framework for emergencies that prioritizes swift executive action while requiring legislative checks on prolonged or repeated declarations.
• Introduces clear triggers for peacetime emergencies and formalizes tribal consultation in certain contexts.
• Aims to balance rapid response with legislative oversight to prevent unchecked or prolonged emergency powers.

Relevant Terms - governor - emergency declaration - peacetime emergency - Article V section 3 - constitutional amendment - Executive Council - legislature (both houses) - majority vote - 2026 general election - January 1, 2027 - Minnesota Statutes 2024 section 12.31 subdivision 2 - tribal consultation / tribal authorities - Indian lands - cyber attack - cyber infrastructure - natural disaster - terrorist incident - civil disturbance - hazardous materials - industrial accident - National Guard - Military Code chapters 190 to 192A - Secretary of State - notices / filing with Secretary of State - checks and balances - emergency powers - oversight