AN ACT to amend Tennessee Code Annotated, Section 58-2-107, relative to emergency management powers of the governor.
Summary
HB0132 amends Tennessee’s emergency management law to give the General Assembly a formal mechanism to end a governor-declared state of emergency. Under the bill, if the governor issues or extends an executive order or proclamation declaring a state of emergency, both houses of the legislature may terminate that emergency by joint resolution. The measure applies only to states of emergency declared on or after the bill’s effective date.
The bill is narrow in scope but significant in separation-of-powers terms. It does not change the governor’s authority to declare or extend emergencies in the first instance; rather, it adds a legislative check that can cut short an ongoing emergency declaration. The act amends Tennessee Code Annotated Section 58-2-107, which governs emergency management powers, and took effect immediately upon becoming law.
Impact
HB0132 changes Tennessee Code Annotated Section 58-2-107 by adding a new subsection allowing the General Assembly to terminate a governor’s state of emergency through a joint resolution of both chambers. This creates a new statutory limitation on executive emergency authority and gives lawmakers a direct role in ending emergency declarations, affecting future emergency orders and proclamations issued by the governor.
Sentiment
The bill appears to have been generally supported, advancing through subcommittee and committee with strong favorable votes and passing the House on third consideration. The final floor votes show meaningful but not overwhelming opposition, suggesting broad agreement on the need for legislative oversight, alongside some concern about limiting executive flexibility during emergencies. The bill was ultimately enacted and signed into law.
Contention
The main point of contention is the balance of power between the governor and the legislature during emergencies. Supporters likely viewed the bill as a needed check on executive authority and a way to ensure legislative oversight of prolonged emergency declarations. Opponents appeared to be concerned that allowing the General Assembly to terminate an emergency by joint resolution could reduce the governor’s ability to respond quickly and consistently to evolving public safety conditions. The recorded floor opposition indicates that this separation-of-powers issue was the primary divide.