Panel adopts amendment clarifying governor—s military authority; Never Again Act laid over

The House Veterans and Military Affairs Division adopted an amendment clarifying that nothing in House File 26 limits the governor—s constitutional authority over the Minnesota National Guard, then laid the bill over for possible inclusion in an omnibus package.

Representative Roach brought House File 26, which she described as the "Never Again Act," saying the measure "removes the governor's unilateral ability to declare an emergency" and seeks to "clarify that a governor's executive orders are not law." Roach said the bill is a response to what she called executive overreach during the COVID-19 pandemic.

The division—s hearing focused narrowly on provisions affecting the governor—s authority to call the National Guard. Don Kerr, executive director of the Minnesota Department of Military Affairs, told members that the bill "would really have no effect on the governor's authority over the National Guard" because that authority is embedded in the federal and state constitutions and federal law. Kerr warned that removing early executive tools in an emergency could place undue pressure on the Guard and force its use in inappropriate situations.

John Kelly, director of government affairs for the Minnesota Department of Veterans Affairs, said House File 26 "would be more problematic with respect to our disaster relief grants." He explained that the State Soldiers Disaster Program is activated by a declared emergency under an administrative rule tied to Chapter 12.31; repealing the statutory trigger in the bill would likely require new administrative rulemaking and delay deployment of those disaster-relief grants.

Representative Hill voiced concern that the bill—s language, as drafted, could require convening the Minnesota Legislature to validate a declaration and thus delay emergency response "costing Minnesotans life." Roach and other members said an A4 amendment had been drafted to make explicit that the bill does not limit the governor's constitutional role as commander in chief. Kerr and Kelly told the committee they appreciated the clarifying language.

After brief discussion, the committee adopted amendment A4. The chair then laid House File 26 over for possible inclusion in an omnibus bill.

What's next: The bill will continue through the House—s committee process; the division did not take a final floor vote on the underlying measure at this hearing.