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SB0396 • 2026

Governor

AN ACT to amend Tennessee Code Annotated, Section 58-2-107, relative to emergency management powers of the governor.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rose, Zachary
Last action
2025-05-27
Official status
Comp. became Pub. Ch. 475
Effective date
Not listed

Plain English Breakdown

The bill's summary text indicates that Amendment #1 deleted provisions concerning the ad hoc legislative committee for extra-constitutional executive actions, which affects some of the original claims.

Governor's Emergency Management Powers

This bill restricts the governor from issuing executive orders that violate citizens' constitutional rights and allows the state legislature to terminate, renew, or extend a declared state of emergency.

What This Bill Does

  • Prohibits the governor from issuing executive orders or suspending laws that would violate citizens' constitutional rights under Article I of the Tennessee Constitution or the U.S. Bill of Rights.
  • Allows the general assembly to terminate, renew, or extend a state of emergency through joint resolution if it is in session.
  • Establishes an ad hoc legislative council during emergencies when the general assembly is not in session, consisting of specific ex officio members who can convene and extend the state of emergency for 30 days by majority vote.
  • Limits the duration of a state of emergency to 30 days unless renewed by either the legislature or the ad hoc legislative council.

Who It Names or Affects

  • The governor of Tennessee
  • State legislators
  • Citizens during emergencies

Terms To Know

Emergency Management Powers
The authority given to the governor to manage situations that threaten public safety or welfare.
Ad Hoc Legislative Council
A temporary group of legislators formed during emergencies when the general assembly is not in session, consisting of specific ex officio members.

Limits and Unknowns

  • The bill does not specify how much it will cost to convene an ad hoc legislative council.
  • It's unclear what specific rights violations are covered under Article I and the Bill of Rights.
  • The exact process for establishing the ad hoc legislative council is detailed but may vary in practice.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0132

Plain English: The amendment adds new rules that limit the governor's power during emergencies and give the general assembly more control.

  • Adds a rule stating that the governor cannot issue proclamations, executive orders, or suspend laws if they violate citizens' rights under Tennessee’s Constitution or the U.S. Bill of Rights.
  • Allows the general assembly to end an emergency declared by the governor through a joint resolution from both houses.
  • The amendment text does not specify how the new rules will be enforced or what happens if the governor violates them.
Amendment 1-0 to SB0396

Plain English: The amendment allows the Tennessee General Assembly to end a state of emergency declared by the governor through a joint resolution from both houses.

  • Adds new subsection (o) to Section 58-2-107, allowing the General Assembly to terminate a state of emergency with a joint resolution.
  • The amendment does not specify how quickly or under what conditions the General Assembly can act.
  • It is unclear if there are any limitations on when this new power can be exercised by the General Assembly.

Bill History

  1. 2025-05-27 Tennessee General Assembly

    Comp. became Pub. Ch. 475

  2. 2025-05-27 Tennessee General Assembly

    Effective date(s) 05/21/2025

  3. 2025-05-27 Tennessee General Assembly

    Pub. Ch. 475

  4. 2025-05-21 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-09 Tennessee General Assembly

    Transmitted to Governor for his action.

  6. 2025-05-08 Tennessee General Assembly

    Signed by Senate Speaker

  7. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  8. 2025-04-25 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  9. 2025-04-23 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-22 Tennessee General Assembly

    Companion House Bill substituted

  11. 2025-04-22 Tennessee General Assembly

    H. concurred in S. am. no. 1 Ayes 72, Nays 23 PNV 0 HB0132

  12. 2025-04-22 Tennessee General Assembly

    H. Placed on Message Calendar 3 for 4/22/2025

  13. 2025-04-22 Tennessee General Assembly

    Passed Senate as amended, Ayes 27, Nays 6

  14. 2025-04-22 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0331)

  15. 2025-04-22 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  16. 2025-04-22 Tennessee General Assembly

    Received from House, Passed on First Consideration

  17. 2025-04-21 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/22/2025

  18. 2025-04-21 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  19. 2025-04-21 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  20. 2025-04-21 Tennessee General Assembly

    Passed H., as am., Ayes 69, Nays 22, PNV 0

  21. 2025-04-21 Tennessee General Assembly

    Sponsor(s) Added.

  22. 2025-04-21 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0512)

  23. 2025-04-21 Tennessee General Assembly

    Sponsor(s) Added.

  24. 2025-04-17 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2025

  25. 2025-04-17 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/21/2025

  26. 2025-04-17 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/17/2025

  27. 2025-04-17 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  28. 2025-04-17 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  29. 2025-04-16 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/17/2025

  30. 2025-04-14 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025

  31. 2025-04-14 Tennessee General Assembly

    Rule #83(8) Suspended, to be heard in Senate Finance, Ways & Means Committee on 4/15/2025

  32. 2025-04-09 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

  33. 2025-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  34. 2025-04-02 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 2 PNV 1

  35. 2025-04-01 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 4/2/2025

  36. 2025-04-01 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 4/2/2025

  37. 2025-03-26 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 4/1/2025

  38. 2025-03-25 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 4/1/2025

  39. 2025-03-19 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2025

  40. 2025-03-19 Tennessee General Assembly

    Placed behind the budget

  41. 2025-03-18 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/25/2025

  42. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/19/2025

  43. 2025-03-12 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  44. 2025-03-12 Tennessee General Assembly

    Rec. for pass; ref to Finance, Ways, and Means Committee

  45. 2025-03-11 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/18/2025

  46. 2025-03-05 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/12/2025

  47. 2025-03-05 Tennessee General Assembly

    Sponsor(s) Added.

  48. 2025-03-05 Tennessee General Assembly

    Rec. for pass by s/c ref. to State & Local Government Committee

  49. 2025-03-03 Tennessee General Assembly

    Sponsor(s) Added.

  50. 2025-02-26 Tennessee General Assembly

    Placed on s/c cal Public Service Subcommittee for 3/5/2025

  51. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate State and Local Government Committee

  52. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  53. 2025-01-28 Tennessee General Assembly

    Filed for introduction

  54. 2025-01-28 Tennessee General Assembly

    Assigned to s/c Public Service Subcommittee

  55. 2025-01-16 Tennessee General Assembly

    Ref. to State & Local Government Committee

  56. 2025-01-15 Tennessee General Assembly

    P2C held on desk, pending appointment of Standing Committees

  57. 2025-01-14 Tennessee General Assembly

    Intro., P1C.

  58. 2025-01-13 Tennessee General Assembly

    Filed for introduction

Official Summary Text

In the event of an emergency beyond local control, present law authorizes the governor to issue executive orders, proclamations, and rules and to amend o
r 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 assembl
y
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 cou
n
cil; (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 th
e
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 prohib
its 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.

ON APRIL 21, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 132, AS AMENDED.

AMENDMENT #1 deletes the provisions of this bill concerning the ad hoc legislative committee for extra-constitutio
nal executive actions.

ON APRIL 22, 2025, THE SENATE SUBSTITUTED HOUSE BILL 132 FOR SENATE BILL 396, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 132, AS AMENDED.

AMENDMENT #1 removes the provision prohibiting the
governor
from
issu
ing
a proclamation or executive order, or suspend
ing
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.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 132
By Zachary

SENATE BILL 396
By Rose

SB0396
001238
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
58-2-107, relative to emergency management
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, is amended by adding the
following new subsections:
(o) Notwithstanding this section to the contrary, the governor shall not issue a
proclamation or executive order pursuant to this section, or suspend 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.
(p)
(1) If the governor issues an executive order or proclamation of a state of
emergency under this section, the general assembly may terminate, renew, or
extend such state of emergency by joint resolution of both houses.
(2)
(A) If the general assembly is not in session during such state of
emergency, an ad hoc legislative council is 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;

- 2 - 001238

(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.
(B) Upon establishment, the legislative council may convene with
not less than six (6) members present at any time during the interim at the
call of the chairs and may extend such state of emergency for thirty (30)
days by majority vote.
SECTION 2. Tennessee Code Annotated, Section 58-2-107(b)(2), is amended by
deleting the second sentence and substituting:
The state of emergency continues 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, but no state of emergency may continue for longer than thirty (30)
days unless renewed by the general assembly or the legislative council pursuant
to subsection (p), as applicable.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to states of emergency declared by executive order or proclaimed by the governor
on or after such date.