Tennessee Senate Bill SB0027

Tennessee 2025-2026 Regular Session

• Introduced: 1/2/25
• Engrossed: 3/6/25
• Enrolled: 3/25/25
• Chaptered: 6/4/25
• Passed: 6/4/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 4 and Title 58, Chapter 2, relative to emergency powers of the governor.

Summary

SB0027 revises Tennessee’s emergency-powers statute governing the governor’s authority during a declared emergency. The bill expressly states that executive orders, proclamations, and rules issued under that authority have the force and effect of law, so long as they do not contravene, suspend, or conflict with the Tennessee Constitution. It also amends the emergency statute to clarify that, except for specified subsections and the existing limits on emergency duration, emergency powers may suspend laws, orders, rules, or regulations that prescribe procedures for state business or state-agency operations when strict compliance would prevent, hinder, or delay necessary emergency action. In practical terms, the bill reinforces and clarifies the governor’s ability to act quickly in a disaster or emergency by overriding procedural requirements that could slow the state’s response. It is aimed at state government operations and emergency management rather than private conduct, and it affects Tennessee Code Annotated Title 58, Chapter 2, with a related amendment to Title 4. The measure took effect upon becoming law after the governor declined to sign it and the constitutional return period expired. The overall sentiment in the legislative process appears supportive, with the bill passing committee and both chambers by comfortable margins. The governor’s written message, however, expressed concern that the bill could add restrictions and weaken the state’s ability to protect Tennesseans during disasters, even while noting that the bill largely restates existing constitutional principles. That tension suggests the bill was broadly accepted by lawmakers but viewed more cautiously by the executive branch. The main point of contention is the balance between emergency flexibility and limits on executive power. Supporters appear to favor clearer authority for rapid disaster response and continuity of government operations, while the governor warned against any change that might impair rescue, relief, or storm response capabilities. The debate centers on whether the bill merely codifies existing law or could be read as narrowing or complicating emergency management authority in future crises.

Impact

The bill amends Tennessee Code Annotated § 58-2-107 and related emergency-management provisions to clarify the scope of gubernatorial emergency powers, including the legal effect of executive orders and the ability to suspend certain procedural laws and agency rules during emergencies. It primarily affects state executive authority, state agencies, and the administration of state business during declared emergencies, while preserving constitutional limits and existing duration limits on emergency declarations.

Sentiment

Legislative sentiment was generally favorable, as reflected by strong committee and floor votes in both chambers. The governor did not sign the bill but allowed it to become law, indicating reservation rather than outright opposition; his message emphasized concern that emergency-response capabilities should not be weakened. Overall, lawmakers appeared to support clarifying emergency authority, while the executive branch urged caution about any measure that could affect disaster response.

Contention

The central controversy is the scope of the governor’s emergency powers. Supporters likely viewed the bill as a clarification of existing authority and a way to ensure the state can act quickly during disasters, while critics—most notably the governor—worried that additional restrictions or statutory changes could hinder emergency management and rescue operations. The dispute is less about whether emergency powers exist than about how explicitly they should be defined and whether the bill could unintentionally constrain future responses.