(St. Paul, MN) – 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.

“Minnesota’s emergency power laws have proven to be weak,” said Senator Andrew Mathews (R-Princeton). “I do not think the original drafters considered that peacetime emergency executive powers would continue to be renewed for months, cutting out the legislature even as they were in session at the Capitol. This bill is a necessary fix and a reminder of the lessons we’ve learned in this unusual process.”

“Our government is built on the concept of the balance of power between our three branches of government, but as we’ve seen with the recent use of the peacetime emergency by Governor Walz and his executive branch, the Governor has had nearly total control over Minnesota and our policies regarding COVID-19 without the oversight of the legislature,” said Senator Osmek.  “While I respect the idea of maintaining emergency powers to react to immediate threats, there becomes is a point in time where it affords the executive too much power to circumnavigate our democratic process and destroy any sense transparency and accountability Minnesota had in place. What this legislation does is it helps us define that window, making it clear that after 30 days, it’s time to start cooperating with the legislature on common ground solutions that we all agree will make Minnesota a better and safer place.”

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.

The bill passed 36 -31.