Senate Majority approves bill requiring legislative oversight for future peacetime emergencies

On Friday, the Minnesota Senate approved a bill that would reassert a fair balance of governing power between the legislative branch and the executive branch during future states of emergency. The bill, Chief-authored by Senator David Osmek (R-Mound), would require the Governor to obtain legislative approval to extend any emergency declaration beyond 30 days. This differs from current law, which allows the Governor to extend a peacetime emergency indefinitely for 30 days at a time and only grants the legislature the option to cancel emergency powers with a majority vote of both the House and Senate. 

“I have repeatedly heard from my constituents that ‘enough is enough’,” said Senator Bruce Anderson (R-Buffalo). “Who do we trust our health and safety to? One Governor? Or the most trusted people in our communities like our bankers, teachers, Ministers, doctors, and neighbors? This legislation brings the two legislative bodies together to restore the balance of the branches of government and assist the Governor throughout future peacetime emergencies for the health and safety of our constituents across Minnesota.”

Other provisions:

  • The bill requires the Governor to give three days’ notice to the majority and minority leaders of each body if they intend to extend a peacetime emergency when the legislature is not in session.
  • The bill prohibits the Governor from canceling an emergency order and issuing a new declaration for the same emergency in order to avoid approval by the legislature. 
  • The bill clarifies that if the Governor declares two peacetime emergencies concurrently, the same legislative approval of any extension past 30 days is required for the second emergency.