On Monday, the Senate passed legislation on a tripartisan vote of 38-29, that would guarantee the legislative branch and the executive branch work together during future states of emergency. 

The bill would require a governor to obtain legislative approval to extend any emergency declaration beyond 30 days. Current law allows the governor to extend a peacetime emergency indefinitely for 30 days at a time. The legislature only has the option to cancel emergency powers with a majority vote of both the House and Senate.

“This bill is about good government,” said Sen. Carla Nelson (R-Rochester). “The founders never intended for one person to hold emergency powers for such an extended period of time. In order to have the best possible response to an emergency, the House, the Senate, and the governor must work in tandem, the way the founding fathers intended. Requiring the legislature to take an affirmative vote on emergency powers will make sure everyone is on the same page.”

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.

The Minnesota Senate passed the same legislation last session with a bipartisan vote of 36-31.