Never Again Act would repeal governor’s power for emergency orders in MN

ST. PAUL, Minn. (FOX 9) - A new bill named the Never Again Act would strip the state’s governor of the ability to declare peacetime emergencies that can expedite mandates for business shutdowns and stay-at-home orders – instead putting the power in the hands of a vote by the Minnesota Legislature.

Minnesota’s peacetime emergency powers

The backstory:

Under Minnesota law currently, a governor can declare a "national security emergency" or "peacetime emergency" when deemed necessary. While the emergency is in effect, a governor can also exercise powers that include issuing orders and rules that have the full force of a law.

Controversially, those powers were used when businesses were ordered to shut down, or reduce customer capacity, during the COVID-19 pandemic.

In April 2020, Attorney General Keith Ellison warned business owners they would face fines if they did not comply with Gov. Tim Walz-enacted stay-at-home orders deemed necessary as COVID-19 continued spiking.

In January 2021, nearly a year later, a Dakota County judge found Alibi Drinkery owner Lisa Monet Zarza in contempt of court for keeping her Lakeville, Minnesota, bar open in violation of the executive order that was extended several times.

In the decision, Judge Jerome Abrams ordered her to pay a $3,000 fine for each day Alibi Drinkery remained open in violation of the order, and risk a five-year liquor license suspension for its continued failure to comply.

Ultimately, her license renewal was denied, forcing the business to close its doors permanently.

Potential power revoked

Dig deeper:

Currently, the Minnesota Legislature can terminate a peacetime emergency by a majority vote in both the House of Representatives and Senate.

But under the Never Again Act, sponsored by Rep. Drew Roach (R-Farmington), a governor’s authority to declare an emergency would be revoked, and instead be in the hands of a 2/3 "supermajority" vote by each chamber.

An emergency order would then expire after five days, unless extended for up to 30 days by another vote of approval.

The proposal would also eliminate an existing misdemeanor crime for a person who violates an emergency rule or order issued by the governor during a declared emergency.

What they're saying:

"The Never Again Act is in response to an overreach in abuses by a runaway governor who invented penalties for violations of his executive orders," said Rep. Roach before the House State Government Finance Committee on Thursday. "This issue is what motivated me to get involved and run for office, and this is a top priority for not only my constituents, but Minnesotans across the state... As we saw during COVID, the governor used his power to strip away people’s rights… My intent is to ensure the governor doesn’t have unilateral power over the people, and give the power back to legislators."

Rep Roach said the bill would "protect the people of the state from tyranny by ensuring their rights" while calling the proposal a "bill of rights."

In a meeting full of onlookers that had to be reminded to refrain from commentary, DFL lawmakers often took issue with the intent and scope of the proposal.

When asked whether the bill would strip the governor’s power from enacting all executive orders – such as deploying the National Guard during a natural disaster – Rep. Roach refrained from answering the question directly, while referring to Gov. Walz as a "king" on several occasions before being warned to refrain from using such language.

An amendment proposed by Rep. Mike Freiberg (DFL-Golden Valley) that would have included the Centers for Disease Control and Prevention (CDC) and the Minnesota Department of Health (MDH) as government agencies that the legislature could use data from before enacting a peacetime emergency was ultimately rejected by Rep. Roach, who said, "As we’ve seen, the CDC has made many recommendations during the pandemic that have turned out to be far from the truth. I don’t feel comfortable having the CDC anywhere near this bill."

Testifying before the committee on Thursday, former Alibi Drinkery owner Lisa Monet Zarza explained the frustration she felt when Gov. Walz enacted Executive Order 2099, forcing restaurants, hair salons and gyms to shut down throughout the state, while retail stores remained open.

"This was both an unconstitutional and discriminatory action against a specific group of business owners in the state," said Monet Zarza. "I'm here today to ask you to never allow the rights of the citizens of this state to be seized by an unconstitutional executive order by the governor."

Nicole Riggs of COVID Justice MN also testified in support of the proposal on behalf of "all the families that lost someone to hospital protocols" who "weren't allowed to advocate for them because of the governor's emergency order."

What's next:

The bill is being moved to the Veterans and Military Affairs Division for review and potential changes. From there, it will return to committee for a future vote.

However, with a DFL-backed Senate and current governor, it faces strong resistance before ever becoming law.