In the event of an emergency beyond local control, present law authorizes the governor to issue executive orders, proclamations, and rules and to amend or rescind them. This bill prohibits the governor from issuing such a proclamation or executive order, or suspending a state law or regulation, that would violate the rights of the citizens of this state under the Declaration of Rights in Article I of the Constitution of Tennessee or the Bill of Rights in the First through Tenth Amendments to the United States Constitution. If the governor issues such an executive order or proclamation of a state of emergency, then this bill authorizes the general assembly to terminate, renew, or extend such state of emergency by joint resolution of both houses. LEGISLATIVE COUNCIL This bill provides that if the general assembly is not in session during such state of emergency, then an ad hoc legislative council may be established for the duration of the state of emergency while the general assembly is not in session, consisting of the following ex officio, voting members: (i) the speakers of the senate and house of representatives, who serve as joint chairs of the council; (ii) the majority leaders of the senate and house of representatives; (iii) the speaker pro tempore of the senate and the house of representatives; and (iv) the minority leader of the senate and the house of representatives. This bills authorizes the legislative council to convene with not less than six members present at any time during the interim at the call of the chairs and to extend such state of emergency for 30 days by majority vote. LENGTH OF STATE OF EMEMERGY Present law generally prohibits a state of emergency from continuing for longer than 45 days unless renewed by the governor. This bill revises this provision to, instead, prohibit a state of emergency from continuing for longer than 30 days unless renewed by the general assembly or the legislative council pursuant to this bill.

Statutes affected:
Introduced: 58-2-107, 58-2-107(b)(2)