On Monday, the Senate passed legislation on a tripartisan vote of 38-29, 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 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.

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

“For over a year now, 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 Sen. Osmek. “This behavior completely undermines Minnesota’s coequal balance of powers and has afforded one man nearly total control over our state.”

“Emergency powers are meant to react to immediate threats, which we can agree we’re past now. Despite this, the Governor continues to hold his authority. Clearly, the executive branch is now stretching the authority further than the original authors intended. This legislation helps define the window of “emergency,” making it clear that after 30 days, it’s time to work with the legislative branch. Minnesotans expect more of their government. They don’t want czar-like leadership. They want cooperation and common ground solutions that will make Minnesota a better and safer place.  S.F. 4 helps us get back to that.”

Minnesota has been under peacetime emergency powers for just over a year now. The Governor has offered to end his emergency powers, but only if legislators agreed to pass a laundry list of partisan demands first.

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.