AN ACT to amend Tennessee Code Annotated, Section 58-2-107, relative to emergency management powers of the governor.
Summary
SB0396 amends Tennessee’s emergency management law to give the General Assembly a new role in ending a gubernatorial state of emergency. Under the bill, if the governor issues or extends an executive order or proclamation declaring a state of emergency, the legislature may terminate that emergency by joint resolution passed by both chambers. The measure applies only to states of emergency declared on or after the bill’s effective date.
In practical terms, the bill changes the balance of authority during emergencies by creating a legislative check on the governor’s emergency powers. It does not alter the governor’s ability to declare or extend emergencies, but it adds a mechanism for the General Assembly to override or cut short an emergency declaration through a joint resolution.
Impact
The bill amends Tennessee Code Annotated, Section 58-2-107, by adding a new subsection authorizing legislative termination of a state of emergency declared by the governor. This affects the governor, the General Assembly, and state emergency management procedures by introducing a statutory check on executive emergency authority. The change applies prospectively to emergency declarations made on or after the act’s effective date.
Sentiment
The bill appears to have had generally favorable momentum in committee, advancing through the Senate State & Local Government Committee and the Senate Finance, Ways and Means Committee with majority support. It ultimately passed and became law, indicating broad enough support to clear both chambers. The available vote history suggests the measure was viewed as a significant but acceptable adjustment to emergency powers rather than a routine technical change.
Contention
The main point of contention is the separation of powers issue: supporters likely viewed the bill as restoring legislative oversight over prolonged emergency declarations, while opponents likely saw it as limiting the governor’s flexibility to respond quickly to emergencies. The committee votes, including recorded nays in both Senate committees, indicate some resistance to shifting termination authority from the executive to the legislature. The bill’s focus on emergency powers suggests debate centered on checks and balances versus executive responsiveness.