AN ACT to amend Tennessee Code Annotated, Section 58-2-107, relative to emergency management powers of the governor.
The legislation stipulates that in the event of a gubernatorial state of emergency, the General Assembly retains the authority to terminate, renew, or extend such an emergency by joint resolution. If the General Assembly is not in session, an ad hoc legislative council can assume this responsibility, thereby providing a system of checks and balances on the powers of the executive branch. This amendment seeks to reassert legislative control over emergency declarations and prevent indefinite states of emergency issued solely at the discretion of the governor.
Senate Bill 0396 aims to amend Tennessee Code Annotated, Section 58-2-107, which governs the emergency management powers of the governor. The bill introduces new provisions that seek to limit the governor's ability to issue proclamations or executive orders that may infringe upon the rights of citizens as enshrined in both the Tennessee Declaration of Rights and the Bill of Rights of the United States Constitution. This change is intended to ensure that individual rights are not overlooked during times of declared emergencies.
One significant point of contention surrounding SB0396 is the balance of power between the legislative and executive branches during emergencies. Supporters argue that the bill fortifies democratic oversight and protects citizens' rights, while opponents contend that it could hinder prompt and effective responses to emergencies. Critics fear that the additional legislative oversight could delay necessary actions during a crisis, potentially jeopardizing public safety and well-being.
The bill proposes that no state of emergency can last beyond thirty days unless renewed by the General Assembly or the legislative council. This measure is designed to provide a clearer timeline and to mitigate the risk of abuse of emergency powers, ensuring that citizens' rights are safeguarded. The broader implications of this bill could set precedents regarding how states manage emergencies in alignment with constitutional protections.