HB 324

Present law provides that t he governor is responsible for addressing the dangers presented to this stat e and its people by emergencies. In the event of an emergency beyond local control, the governor, or the governor's successor in the governor's absence, is authorized to assume direct operational control over all or any part of the emergency management fu nctions within this state, and such person has the power through proper process of law to carry out this law . Additionally, t he governor is authorized to delegate such powers as the governor deem s prudent. Under the governor's authority, the governor may issue executive orders, proclamations, and rules , which have the full force and effect of law, amend them, or rescind them . This bill prohibits such executive orders, proclamations, and rules issued by the governor from contravening, suspending, or conf licting with the Tennessee Constitution. DECLARATIONS OF EMERGENCIES Present law authorizes the governor to declare a state of emergency if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emerg ency generally continue s 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 . However, a s tate of emergency m ust not continue for longer than 45 days unless renewed by the governor. PROHIBITIONS During a state of emergency, major disaster, or natural disaster, the state, present law prohibits a political subdivision or a public official from (i) prohibit ing or impos ing additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components , and (ii) prohibit ing the operations of a church or religious organization for purposes of worship services. SUSPENSION OF LAW OR RULES In addition to the powers conferred upon the governor as described above, present law provides additional authority concerning emergency management, including the author ity to s uspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way preven t, hinder, or delay necessary action in coping with the emergency . This bill clarifies that the limitations against executive orders, proclamations, or rules conflicting with the Tennessee Constitution, the applicability of the time within which a state of emergency is valid, and the prohibitions relative to firearms, ammunition, and religious services described above, all apply to the governor exercising such additional authority to suspend such law, orders, rules, or regulations.