Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF4074

Introduced
3/2/26  

Caption

Constitutional Amendment proposal to allow the governor to declare an emergency

Impact

This bill significantly impacts state law by streamlining the emergency declaration process, thereby allowing the governor to respond swiftly to crises. It aims to replace the existing framework with a more defined structure that includes provisions for legislative oversight during a declared emergency. However, the bill's allowance for the governor to unilaterally declare emergencies poses concerns regarding checks and balances within the government. Proponents argue that the ability to act quickly is vital for public safety, while opponents express worries over potential abuse of power and the bypassing of legislative authority.

Summary

SF4074 is a proposed constitutional amendment in Minnesota aimed at enhancing the governor's authority to declare emergencies. If passed, it would amend Article V, section 3 of the Minnesota Constitution, enabling the governor to declare an emergency and engage in certain actionable measures when public safety is at risk. The bill sets specific criteria under which a peacetime emergency may be declared, including natural disasters, technological failures, and civil disturbances. Furthermore, it mandates that this amendment be submitted for voter approval during the 2026 general election, with an effective date of January 1, 2027, should the amendment be ratified.

Contention

The proposed amendment presents several contentious issues, including the balance of power between the governor and the state legislature. Critics argue it centralizes too much power in the executive branch, potentially undermining the legislative body's role in overseeing emergency declarations. Additionally, the proposal does not provide sufficient guidelines on collaboration with local authorities, especially regarding emergencies occurring on tribal lands. These points could stymie local responses to unique situations, further fueling the debate on the need for localized governance versus centralized authority during emergencies.

Companion Bills

MN HF4011

Similar To Governor's authority to declare an emergency modified, and constitutional amendment proposed.

Previously Filed As

MN HF4011

Governor's authority to declare an emergency modified, and constitutional amendment proposed.

MN SJR40

Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

MN SF3261

Constitutional amendment allowing a governor to select a lieutenant governor to fill a vacancy

MN SF1681

Constitutional Amendment proposal to provide term limits for governor and lieutenant governor

MN SF5249

Constitutional amendment proposal to allow the lieutenant governor to cast a vote in the house of representatives in case of a tie

MN SJR18

Proposing an amendment to the Oregon Constitution relating to declarations of emergency.

MN SF1437

Constitutional amendment proposal to establish term limits for the office of governor

MN HJR86

Proposing a constitutional amendment allowing the legislature to establish a special district to be the seat of state government.

MN HF3833

Term limits placed on the offices of governor and lieutenant governor, and constitutional amendment proposed.

MN HF1849

Term limits provided for governor and lieutenant governor, and constitutional amendment proposed.

Similar Bills

NH CACR1

Relating to the governor. Providing that there be a lieutenant governor who shall assume the duties of the governor if the governor is incapacitated.

SC H5018

Agency Head Salary Commission, Governor and Lt. Governor

CT HB07223

An Act Concerning The Order Of Gubernatorial Succession Under Certain Permanent And Temporary Circumstances.

CA AB1835

State of emergency: Governor’s powers and termination.

CT HB05219

An Act Concerning The Order Of Gubernatorial Succession Under Certain Permanent And Temporary Circumstances.

NY S07816

Relates to the line of succession for the governor and lieutenant-governor in cases where they are impeached or unable to perform the duties of the office.

NY A09018

Relates to the line of succession for the governor and lieutenant-governor in cases where they are impeached or unable to perform the duties of the office.

PA SB460

Further providing for incapacity of the Governor and Lieutenant Governor.