| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 132 |
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| 6 | 5 | | By Zachary |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0132 |
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| 10 | 9 | | 001238 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Section |
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| 14 | 13 | | 58-2-107, relative to emergency management |
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| 15 | 14 | | powers of the governor. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 58-2-107, is amended by adding the |
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| 19 | 18 | | following new subsections: |
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| 20 | 19 | | (o) Notwithstanding this section to the contrary, the governor shall not issue a |
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| 21 | 20 | | proclamation or executive order pursuant to this section, or suspend a state law or |
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| 22 | 21 | | regulation, that would violate the rights of the citizens of this state under the Declaration |
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| 23 | 22 | | of Rights in Article I of the Constitution of Tennessee or the Bill of Rights in the First |
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| 24 | 23 | | through Tenth Amendments to the United States Constitution. |
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| 25 | 24 | | (p) |
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| 26 | 25 | | (1) If the governor issues an executive order or proclamation of a state of |
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| 27 | 26 | | emergency under this section, the general assembly may terminate, renew, or |
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| 28 | 27 | | extend such state of emergency by joint resolution of both houses. |
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| 29 | 28 | | (2) |
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| 30 | 29 | | (A) If the general assembly is not in session during such state of |
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| 31 | 30 | | emergency, an ad hoc legislative council is established for the duration of |
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| 32 | 31 | | the state of emergency while the general assembly is not in session, |
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| 33 | 32 | | consisting of the following ex officio, voting members: |
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| 34 | 33 | | (i) The speakers of the senate and house of |
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| 35 | 34 | | representatives, who serve as joint chairs of the council; |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 001238 |
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| 39 | 38 | | |
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| 40 | 39 | | (ii) The majority leaders of the senate and house of |
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| 41 | 40 | | representatives; |
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| 42 | 41 | | (iii) The speaker pro tempore of the senate and the house |
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| 43 | 42 | | of representatives; and |
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| 44 | 43 | | (iv) The minority leader of the senate and the house of |
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| 45 | 44 | | representatives. |
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| 46 | 45 | | (B) Upon establishment, the legislative council may convene with |
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| 47 | 46 | | not less than six (6) members present at any time during the interim at the |
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| 48 | 47 | | call of the chairs and may extend such state of emergency for thirty (30) |
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| 49 | 48 | | days by majority vote. |
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| 50 | 49 | | SECTION 2. Tennessee Code Annotated, Section 58-2-107(b)(2), is amended by |
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| 51 | 50 | | deleting the second sentence and substituting: |
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| 52 | 51 | | The state of emergency continues until the governor finds that the threat or |
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| 53 | 52 | | danger has been dealt with to the extent that the emergency conditions no longer |
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| 54 | 53 | | exist and the governor terminates the state of emergency by executive order or |
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| 55 | 54 | | proclamation, but no state of emergency may continue for longer than thirty (30) |
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| 56 | 55 | | days unless renewed by the general assembly or the legislative council pursuant |
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| 57 | 56 | | to subsection (p), as applicable. |
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| 58 | 57 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it, |
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| 59 | 58 | | and applies to states of emergency declared by executive order or proclaimed by the governor |
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| 60 | 59 | | on or after such date. |
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