Constitutional Amendment proposal to allow the governor to declare an emergency

A bill for an act

relating to public safety; proposing a constitutional amendment to the Minnesota

Constitution article V, section 3; declaring an emergency by the governor; amending

Minnesota Statutes 2024, section 12.31, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1.
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CONSTITUTIONAL AMENDMENT PROPOSED.
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An amendment to the Minnesota Constitution is proposed to the people. If the amendment

is adopted, article V, section 3, will read:

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Sec. 3.

The governor shall communicate by message to each session of the legislature

information touching the state and country. He is commander-in-chief of the military and

naval forces and may call them out to execute the laws, suppress insurrection and repel

invasion. He may require the opinion in writing of the principal officer in each of the

executive departments upon any subject relating to his duties. With the advice and consent

of the senate he may appoint notaries public and other officers provided by law. He may

appoint commissioners to take the acknowledgment of deeds or other instruments in writing

to be used in the state. He shall take care that the laws be faithfully executed. He shall fill

any vacancy that may occur in the offices of secretary of state, auditor, attorney general and

the other state and district offices hereafter created by law until the end of the term for which

the person who had vacated the office was elected or the first Monday in January following

the next general election, whichever is sooner, and until a successor is chosen and qualified.
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The governor may declare an emergency and the emergency declaration may last for seven

days unless an extension is granted by the legislature. The legislature may provide by law

the process for conducting an emergency declaration in a manner authorized by this section.
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Sec. 2.
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SUBMISSION TO VOTERS.
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The proposed amendment must be submitted to the people at the 2026 general election.

If ratified, the amendment is effective January 1, 2027. The question submitted must be:

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"Shall the Minnesota Constitution be amended to allow the governor to declare an

emergency?

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Yes

.

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No

.

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"

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ARTICLE 2

EMERGENCY DECLARATION ENABLING LEGISLATION

Section 1.

Minnesota Statutes 2024, section 12.31, subdivision 2, is amended to read:

Subd. 2.

Declaration of peacetime emergency.

(a) The governor may declare a

peacetime emergency. A peacetime declaration of emergency may be declared only when

any of the following endangers life and property and local government resources are

inadequate to handle the situation:

(1) an act of nature;

(2) a technological failure or malfunction;

(3) a terrorist incident;

(4) a cyber attack, including a physical or electronic attack on the state's information

and telecommunications technology infrastructure, systems, or services;

(5) an industrial accident;

(6) a hazardous materials accident; or

(7) a civil disturbance.

If the peacetime emergency occurs on Indian lands, the governor or state director of

emergency management shall consult with tribal authorities before the governor makes such

a declaration. Nothing in this section shall be construed to limit the governor's authority to

act without such consultation when the situation calls for prompt and timely action. When

the governor declares a peacetime emergency, the governor must immediately notify the

majority and minority leaders of the senate and the speaker and majority and minority leaders

of the house of representatives. A peacetime emergency must not be continued for more

than
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five
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seven
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days unless
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, before it lapses, the peacetime emergency is
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extended by
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resolution of the Executive Council
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a majority vote of each house of the legislature for
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up

to 30 days.
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A majority "no" vote from either house means the emergency declaration ceases

when the seven days lapse. If the legislature is not sitting in session during the declaration

of an emergency, the governor must issue a call immediately convening both houses of the

legislature before the seven days lapse under the emergency declaration.
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An order, or

proclamation declaring, continuing, or terminating an emergency must be given prompt and

general publicity and filed with the secretary of state.

(b) By majority vote of each house of the legislature, the legislature may terminate a

peacetime emergency extending beyond 30 days. If the governor determines a need to extend

the peacetime emergency declaration beyond
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30 days
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the 30-day extension under paragraph

(a)
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and the legislature is not sitting in session, the governor must issue a call immediately

convening both houses of the legislature.
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A majority "no" vote from either house means the

emergency declaration ceases when the 30-day extension under paragraph (a) ends, unless

the legislature votes to terminate the emergency declaration earlier.
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Nothing in this section

limits the governor's authority over or command of the National Guard as described in the

Military Code, chapters 190 to 192A, and required by the Minnesota Constitution, article

V, section 3.

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EFFECTIVE DATE.

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This section is effective January 1, 2027, if the constitutional

amendment proposed to the people in article 1 is adopted at the 2026 general election.

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