AN ACT to amend Tennessee Code Annotated, Title 4; Title 8 and Title 58, relative to emergency powers.
Impact
A significant revision included in SB0590 is the limitation placed on the duration of executive orders related to emergencies. After an executive order is issued, it is set to expire no later than forty-five days unless renewed by a joint resolution from the General Assembly. This provision is crucial as it establishes legislative oversight over extended emergency powers, potentially curbing excessive or prolonged executive action without legislative approval.
Summary
Senate Bill 590 (SB0590) aims to amend the Tennessee Code Annotated concerning emergency powers granted to the governor. The bill proposes changes primarily in Section 58-2-107 regarding the declaration and duration of states of emergency. Under the new provisions, the governor may declare a state of emergency upon recognizing that a serious threat has occurred or is imminent, distinctively outlining the emergency's nature and area involved. Furthermore, the bill stipulates that any executive order or proclamation issued under this mandate must be disseminated promptly to the public and be filed with appropriate state departments and local authorities.
Contention
The bill has generated discussion regarding the balance of power between the executive and legislative branches. Proponents argue that limiting the duration of executive orders reaffirms legislative authority and promotes accountability while still allowing for swift action during emergencies. However, opponents express concerns that the constraints could hinder timely responses to emergencies, possibly leading to adverse outcomes in critical situations. The contention lies in striking a balance between necessary governmental powers during crises and maintaining democratic checks on those powers.