Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 58, Chapter 2 and Title 68.

This bill provides that the general assembly may, by the passage of a joint resolution, end a state of emergency that is based on a public health emergency. This bill specifies that it applies to a public health emergency and that a provision of law relating to emergency management that does not conflict with this bill applies to public health emergencies. Under this bill, within 12 hours of the governor declaring a state of emergency based on a public health emergency, the governor must provide the speakers of the senate and house, and the majority and minority leader of each house a statement detailing the need for the declaration and the expected duration of the declaration. After the initial declaration of a state of emergency, the governor must inform and consult with the speaker of the senate, the speaker of the house of representatives, and the majority and minority leader of each house at least 12 hours prior to issuing an executive order or other major change in policy in response to the public health emergency. This bill further requires the governor to provide a fiscal assessment of the anticipated expenditures that may be incurred due to the declared state of emergency and an executive order issued during the state of emergency to the finance, ways and means committees and the government operations committees of the senate and the: (1) Within 12 hours of the governor declaring a state of emergency based on a public health emergency; (2) At least 12 hours prior to issuing a subsequent executive order in response to the public health emergency; and (3) For the duration of the state of emergency, at least biweekly after the declaration of the state of emergency. ON MAY 4, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 869, AS AMENDED. AMENDMENT #1 rewrites the bill. Under this amendment, if the governor declares a state of emergency based on a public health emergency, there will be created a legislative council, composed of: (1) As ex officio members: the speaker of each house; the majority leader of each house; the minority leader of each house; and the majority caucus chair of each house; and (2) As members appointed by each respective speaker, one member representing each grand division of the state. This amendment provides that: (A) The governor may not declare a state of emergency or issue or an executive order in response to a public health emergency that extends for more than 60 days; (B) If the governor wishes to extend a state of emergency or executive order longer than 60 days, the governor must seek approval of the extension from the general assembly. The general assembly may grant the extension by passage of a joint resolution; (C) If the general assembly is not in session during the period the state of emergency is declared, the legislative council may authorize the governor to extend the state of emergency or executive order by 15 days by a 2/3 vote of the legislative council. The legislative council may authorize subsequent extensions of the state of emergency or executive order in the same manner until the general assembly convenes into session, at which time an extension must only be extended in accordance with item (B) above; (D) The general assembly may end a state of emergency or executive order based on a public health emergency by the passage of a joint resolution; (E) If the general assembly is not in session during the period the state of emergency is declared or on the date of the issuance of the executive order, the legislative council may suspend the state of emergency or executive order after being in effect for at least 30 days by a 2/3 vote of the legislative council; (F) The suspension under item (E) above will remain in effect until the general assembly is called into special session for the purpose of addressing the state of emergency or executive order. Upon such call, the state of emergency or executive order will be in effect until the general assembly acts on the call of the special session or the state of emergency or executive order expires on the date specified in the declaration or order; (G) For a five-day period before authorizing such extension under item (C) above or such suspension under item (E) above, the legislative council must request from executive branch departments, and the departments must provide, information the legislative council deems relevant in deciding whether to extend or suspend the state of emergency or executive order. The departments must respond to requests in a timely manner; (H) At least 24 hours prior to the governor declaring a state of emergency based on a public health emergency or issuing an executive order related to the public health emergency, the governor must provide notice to the general assembly detailing the justifications for the declaration, expected costs, and duration of the declaration. Such notice must be provided in person via conference call or other electronic means; and (I) During a declared public health emergency, the department of health must provide biweekly reports to the joint government operations committee as detailed by this amendment. This amendment specifies that it applies to a public health emergency, and a provision of law relating to emergency management that does not conflict with this amendment applies to a public health emergency. This amendment will take effect January 10, 2023.