On Monday, the Senate passed on a tripartisan vote of 38-29, legislation to reassert a fair balance of governing power between the legislative branch and the executive branch during future states of emergency. The bill would require the executive branch to obtain legislative approval to extend any emergency declaration beyond 30 days. 

Senate File 4 differs from current law, which allows the executive branch 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.   

“Our government was not designed to shut out the voices of our constituents by forcing one-man rule over the state indefinitely,” said Senator Julia Coleman (R-Chanhassen). “Minnesotans want us and expect us to work together. They expect to have a seat at the table and to have a voice through the 201 other lawmakers they elected. This bill helps restore their voice by implementing the proper balance between the legislative and executive branches.”

Minnesota is not alone in the effort to review and change emergency powers. According to the National Council on State Legislatures, 40 states are considering measures to limit executive authority and power. This same change in Minnesota was proposed at the end of the 2020 legislative session and passed the Senate with bipartisan support. The House failed to vote on the measure.  

Other provisions included in the legislation: 

• 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.