Bill to change MN emergency powers falls short in House

There is no peace in the valley when it comes to changing peacetime emergency powers.

Under current law, the governor may declare a peacetime emergency “that must not be continued for more than five days unless extended by resolution of the Executive Council up to 30 days.” The Legislature may terminate such an emergency extending beyond 30 days by a majority vote of both the House and Senate.

“If the governor determines a need to extend the peacetime emergency declaration beyond 30 days and the legislature is not sitting in session, the governor must issue a call immediately convening both houses of the legislature.”

Sponsored by Rep. Kristin Robbins (R-Maple Grove), HF21, as amended, would require a three-fifths supermajority by the House and Senate to extend a peacetime emergency beyond 14 days.

If an extension is not approved, the governor could not declare a new peacetime emergency for the same emergency event.

“The current framework is the governor’s emergency powers extend forever and we’re just flipping that on its head and saying the emergency power expires automatically at 14 days,” Robbins previously told the House State Government Finance and Policy Committee. “… If we can’t get three-fifths majority to approve extending an emergency we probably don’t need to extend it.”

Rep. Kristin Bahner (DFL-Maple Grove) warned emergencies “don’t have timelines and don’t fit in a 14-day box.”  

With all 67 Republicans in support and zero DFLers, it failed to garner the 68 House votes needed for passage Thursday. It was then reconsidered and tabled in pair of procedural moves.

Among the DFL arguments is the Legislature already has the ability override executive powers, the governor did nothing illegal, and allegations he mishandled of the pandemic are questionable.

When things happen someone must make quick decisions based on expert advice, and the House is not designed to be the body that makes those quick decisions, said Rep. Tina Liebling (DFL-Rochester).

The impetus comes from the COVID-19 era when businesses and churches were closed, schools were all distance learning, youth sports were largely shut down and residents were ordered to largely stay at home. There were eight special sessions in 12 months trying to undo the governor’s peacetime emergency orders. In total, 20 times in a 14-month span during COVID, House Republicans unsuccessfully sought to end the governor’s emergency powers.

Robbins said there wasn’t the political will by a DFL-controlled House to override the wants of a DFL governor.

Citing businesses that closed or left the state and test scores remaining low, Robbins said, “It was wrong to let this state be closed down for 16 months, businesses, schools. We are still feeling the effects of that. … The consequences of what we did to this state by having that sole emergency power with the governor is unconscionable.”

Part of an amendment successfully offered by Rep. Pam Altendorf (R-Red Wing), would list constitutional rights the governor could not infringe on when declaring a peacetime emergency, including free speech, exercising religious beliefs and bearing arms.

Ruled out of order was an amendment offered by DFL Floor Leader Jamie Long (DFL-Mpls) to replace the bill with the language of HF26, the so-called “Never Again Act” that would repeal the governor's power to declare a peacetime emergency and give it to the Legislature.