On Tuesday, the Senate’s State Government Finance & Policy Committee heard legislation 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.

Senator Osmek introduced the same legislation last session where it passed with bipartisan support by a vote of 36-31.

“For nearly an entire year, one person in Minnesota has made decisions on laws, created laws, and imposed imprisonment and financial punishment on Minnesotans that have disobeyed those laws without the input of the legislature and the people’s elected voices in government,” said Senator Osmek. “This behavior has completely undermined Minnesota’s balance of powers and has afforded one man nearly total control over our state.”

“While I respect the idea of maintaining emergency powers to react to immediate threats, the point of our government is to create a discourse in which we reach a compromise and work together towards solutions despite our differing opinions.  This legislation helps define the window of “emergency,” making it clear that after 30 days, it’s time to work with the legislature branch on common ground solutions that we all agree will make Minnesota a better and safer place.  SF4 makes the legislative branch an active, responsible participant in extending emergency orders.”

Minnesota has been under Governor Walz’s peacetime emergency powers since March of last year. The governor has offered to end his emergency powers, but only if legislators agree first to pass a list of his demands.

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.