Committee advances bill to limit governor's emergency powers, require legislative sign-off after 30 days

A Tennessee House committee on Wednesday advanced legislation that would restrict the governor's authority during a declared state of emergency and require legislative approval to extend an emergency beyond 30 days.

Representative Zachary, sponsor of House Bill 132, told the committee the bill would prevent the governor from suspending rights protected in the state's declaration of rights and would allow the legislature to terminate a state of emergency by joint resolution. "First, it's simply says that the governor cannot issue an order or suspend a rule through that state of emergency that would suspend any of our rights that are listed in the bill of rights or the declaration of rights within the state constitution," Representative Zachary said.

The bill would also stop an emergency from continuing beyond 30 days unless the legislature approves an extension; it creates a small legislative council of leadership from both chambers to consider extensions, the sponsor said. Representative Zachary said an ad hoc committee that studied executive powers during the COVID-19 pandemic recommended the changes and that some states already allow legislative termination of emergencies by joint resolution.

Committee members questioned whether state agencies had concerns. Representative Powell said the Department of Military had raised issues. Representative Zachary said he had spoken with the governor and with Department of Military leadership and acknowledged there would be concerns when the legislative branch checks the executive branch.

After debate the committee voted 18-4 to advance the bill. The clerk announced, "Mister chair, you have 18 I, 4 nay." House Bill 132 will move to the finance and ways and means committees for further consideration.

The measure cites the existing emergency statute identified in committee discussion as "58 2 1 0 7" and draws on recommendations from the ad hoc review of executive emergency powers held earlier in the decade.

The committee record shows members pressed the sponsor on implementation details and on whether the bill would remove all executive authority during an emergency; the sponsor said the bill does not, beyond the specific prohibition on suspending constitutional rights and the 30-day limit without legislative approval.

The committee took no immediate additional amendments. The next formal step is consideration in the finance and ways and means committees.