SB 396

In the event of an emergency beyond local control, present law authorizes the governor to issue executive orders, proclamations, and rules and to amend o r rescind them. This bill prohibits the governor from issuing such a proclamation or executive order, or suspending a state law or regulation, that would violate the rights of the citizens of this state under the Declaration of Rights in Article I of the Constitution of Tennessee or the Bill of Rights in the First through Tenth Amendments to the United States Constitution. If the governor issues such an executive order or proclamation of a state of emergency, then this bill authorizes the general assembl y to terminate, renew, or extend such state of emergency by joint resolution of both houses. LEGISLATIVE COUNCIL This bill provides that if the general assembly is not in session during such state of emergency, then an ad hoc legislative council may be established for the duration of the state of emergency while the general assembly is not in session, consisting of the following ex officio, voting members: (i) the speakers of the senate and house of representatives, who serve as joint chairs of the cou n cil; (ii) the majority leaders of the senate and house of representatives; (iii) the speaker pro tempore of the senate and the house of representatives; and (iv) the minority leader of the senate and the house of representatives. This bills authorizes th e legislative council to convene with not less than six members present at any time during the interim at the call of the chairs and to extend such state of emergency for 30 days by majority vote. LENGTH OF STATE OF EMEMERGY Present law generally prohib its a state of emergency from continuing for longer than 45 days unless renewed by the governor. This bill revises this provision to, instead, prohibit a state of emergency from continuing for longer than 30 days unless renewed by the general assembly or the legislative council pursuant to this bill. ON APRIL 21, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 132, AS AMENDED. AMENDMENT #1 deletes the provisions of this bill concerning the ad hoc legislative committee for extra-constitutio nal executive actions. ON APRIL 22, 2025, THE SENATE SUBSTITUTED HOUSE BILL 132 FOR SENATE BILL 396, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 132, AS AMENDED. AMENDMENT #1 removes the provision prohibiting the governor from issu ing a proclamation or executive order, or suspend ing a state law or regulation, that would violate the rights of the citizens of this state under the Declaration of Rights in Article I of the Constitution of Tennessee or the Bill of Rights in the First through Tenth Amendments to the United States Constitution.