Session Update: Requiring Legislature's Okay to Extend Emergency Powers

The Minnesota Senate voted Monday, March 15, to give the legislature a more active role in the extension of gubernatorial peacetime emergency powers . The measure, SF 4, which passed 38-29 with tri-partisan votes would require approval from both the Senate and the House of Representatives in order for the Governor to be granted extended emergency powers beyond the initial 30-day period. Under current statute, emergency powers are rescinded only when both legislative chambers vote to deny the extension.

The bill’s author, Senator David Osmek, R-Mound, argued that the framers of Minnesota’s Constitution could not have foreseen, nor would have approved, the use of emergency powers for more than one year, and that the ongoing use of the powers is denying the legislature its proper role in governing. “Those branches are made to work together, not rule over each other,” he said.

A number of DFL lawmakers expressed concern with the legislature’s ability to act quickly in times of emergency. Senator Nick Frentz, DFL-North Mankato, said the biggest flaw in the bill is that it would require both chambers to agree to an extension of emergency powers. “Emergencies are a really bad time to say to the public, ‘Hey, we need to give three days’ notice to the legislature so they can hold committee hearings so then they might provide relief,’” he stated.