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.

“We are simply asking to work alongside the Governor in times of crisis and share some responsibility for the calculated risks that must be taken,” said Senator Scott Jensen (R-Chaska). “Our Republic is established on a balance of power. That principle has dissolved. The Governor’s timely response to an immediate threat has now extended into unilateral governing with no end in sight. No one branch should be able to exclude another branch from participation. A balance of powers was initiated to enforce transparency and compromise for the safety and well-being of the citizens. Every elected leader should have a voice.”

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.