The Minnesota Senate today 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, co-sponsored by Senator John Jasinski (R-Faribault), 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 have done our best to work with Gov. Walz to protect Minnesotans’ health during this pandemic, but at times the legislature has not been as involved in decision making as it should have been, particularly when it comes to the impact this has had on workers and small businesses,” said Sen. Jasinski. “The legislature is the body closest to the people, and the people deserve accountability and transparency about these important decisions – especially during emergencies. Requiring future governors to work more closely with the legislature in emergencies will create a healthier, stronger democracy.”

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.