Governor

Plain English Breakdown

The candidate explanation includes details about protecting religious organizations' ability to hold worship services and preventing local governments from adding restrictions on firearms during emergencies, which are supported by the official source but were not initially included in the summary.

Governor's Emergency Powers

This bill restricts the governor's ability to issue executive orders and rules that conflict with the Tennessee Constitution during emergencies.

What This Bill Does

• Prohibits the governor from issuing executive orders, proclamations, or rules that contravene, suspend, or conflict with the Tennessee Constitution.
• Sets a time limit of 45 days for declaring a state of emergency unless renewed by the governor.
• Prevents local governments and public officials from adding restrictions on firearms during emergencies.
• Protects religious organizations' ability to hold worship services during emergencies.

Who It Names or Affects

• The governor
• Local governments and public officials
• Religious organizations

Terms To Know

Emergency Powers

Special authority given to the governor during times of crisis.

Executive Orders

Directives issued by the governor that have legal force.

Limits and Unknowns

• The bill does not specify what happens if a local government tries to add restrictions on firearms or religious services during an emergency.
• It is unclear how this law will be enforced when it conflicts with other state laws or rules.

Official Summary Text

Present law provides that t
he governor is responsible for addressing the dangers presented to this stat
e and its people by emergencies.

In the event of an emergency beyond local control, the governor, or

the governor's successor

in the governor's absence,
is authorized to
assume direct operational control over all or any part of the emergency management fu
nctions within this state, and such person has the power through proper process of law to carry out this
law
.
Additionally, t
he governor is authorized to delegate such powers as the governor deem
s
prudent.
Under the governor's authority, the governor may
issue
executive orders, proclamations, and rules
, which have the full force and effect of law,
amend
them,
or rescind them
.

This bill prohibits such executive orders, proclamations, and rules issued by the governor from contravening, suspending, or conf
licting with the Tennessee Constitution.

DECLARATIONS OF EMERGENCIES

Present law authorizes the governor to declare a state of emergency
if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent.

The state of emerg
ency
generally
continue
s
until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation
. However,

a
s
tate of emergency m
ust not
continue for longer than 45 days unless renewed by the governor.

PROHIBITIONS

During
a state of emergency, major disaster, or natural disaster, the state,
present law prohibits
a political subdivision or a public official
from
(i)
prohibit
ing
or impos
ing
additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components
, and (ii)
prohibit
ing
the operations of a church or
religious organization for purposes of worship services.

SUSPENSION OF LAW OR RULES

In addition to the powers conferred upon the governor as described above, present law provides additional authority concerning emergency management, including the author
ity to
s
uspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way preven
t, hinder, or delay necessary action in coping with the emergency
.

This bill clarifies that the limitations against executive orders, proclamations, or rules conflicting with the Tennessee Constitution, the applicability of the time within which a state
of emergency is valid, and the prohibitions relative to firearms, ammunition, and religious services described above, all apply to the governor exercising such additional authority to suspend such law, orders, rules, or regulations.

Current Bill Text

SENATE BILL 27
By Pody

HOUSE BILL 324
By Grills

HB0324
000891
- 1 -

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-107(a)(2), is amended by
deleting the subdivision and substituting:
(2) Pursuant to the authority vested in the governor under subdivision (a)(1), the
governor may issue executive orders, proclamations, and rules and may amend or
rescind them. Such executive orders, proclamations, and rules have the force and effect
of law; provided, that such orders, proclamations, or rules do not contravene, suspend,
or conflict with a provision of the Constitution of Tennessee.
SECTION 2. Tennessee Code Annotated, Section 58-2-107(e)(1), is amended by
deleting the subdivision and substituting:
(1) Except for subsections (m) and (n), the limitations on issuing executive
orders, proclamations, and rules specified in subdivision (a)(2), and the duration of a
declared state of emergency specified in subdivision (b)(2), suspend any law, order, rule,
or regulation prescribing the procedures for conduct of state business or the orders or
rules or regulations of any state agency, if strict compliance with any such law, order,
rule, or regulation would in any way prevent, hinder, or delay necessary action in coping
with the emergency;
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.