Tennessee House Bill HB0189

Tennessee 2023-2024 Regular Session

• Introduced: 1/12/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 58 and Title 68, relative to the governor's emergency powers.

Impact

The implications of HB0189 are significant for the balance of power between the executive and legislative branches of state government. By requiring legislative action to extend emergency powers beyond the initial period, the bill aims to enhance accountability and prevent the potential overreach of executive authority. This change could lead to more robust discussions within the legislature regarding the necessity and management of emergencies, thereby impacting the overall governance structure in Tennessee. It's designed to prevent indefinite extensions of emergency powers without legislative oversight, which could foster a more democratic approach to emergency management.

Summary

House Bill 0189 aims to amend various sections of the Tennessee Code Annotated that govern the emergency powers of the governor. The core objective of this legislation is to establish a more defined process for the declaration of states of emergency, ensuring that the governor's executive authority is both clear and accountable. Under the proposed changes, an executive order or proclamation issued during a state of emergency must be accompanied by prompt public communication and must specify details, such as the nature of the emergency and the geographic areas affected. Additionally, these orders would automatically expire after forty-five days unless the governor or the legislature intervenes to extend the emergency through legislation.

Contention

However, the bill has sparked debate among legislators and the public alike. Supporters argue that the restrictions on the governor's powers are essential to maintain checks and balances within state government, emphasizing the need for transparency and accountability during emergencies. Critics, however, raise concerns that this could hinder swift responses in critical situations, where immediate action might be necessary to protect public safety. The tension between the need for decisive executive action in emergencies and the desire for legislative oversight will likely remain a focal point of discussions surrounding the bill.