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House panel advances bill to limit governor's emergency powers, add legislative review

March 05, 2025 | Public Service, House of Representatives, Committees, Legislative, Tennessee


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House panel advances bill to limit governor's emergency powers, add legislative review
A House committee advanced legislation that would restrict the governor's emergency powers, shorten automatic renewal windows and create a small legislative council to approve extensions.

Representative Zachary, the bill sponsor, told the committee the proposal responds to gaps lawmakers identified after the COVID-19 pandemic. "This bill does 4 things, probably most importantly it says that during a state of emergency the executive cannot suspend a state law or regulation that would violate the bill of rights or the declaration of rights within the state constitution," he said.

The bill would: bar suspension of laws or regulations that would violate the state constitution's Declaration of Rights; allow the legislature to terminate a state of emergency by joint resolution; shorten the governor's renewal window from 45 to 30 days and require legislative approval for further extensions; and create a standing legislative council of leaders who could approve extensions when the full legislature is not in session.

Patrick Sheehan, director of the Tennessee Emergency Management Agency, urged caution. "Curtailing the governor's authorities to execute vigorous executive action in the face of crisis, it would be, I think, detrimental to how we are able to operate as a government," Sheehan said, describing operational challenges in major disasters and the logistical burdens of shorter renewal windows.

Representative Zachary and other supporters said the bill preserves the governor's ability to act rapidly in emergencies while adding checks to protect constitutional rights. "This in no way limits the governor's vigorous action, and so I agree completely with director Sheehan," Zachary said, adding the measure seeks to ensure legislative engagement.

The committee voted to move the bill to the full committee. The clerk recorded 5 ayes and 1 present-not-voting; the record did not list individual member votes.

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