Amends TCA Title 4; Title 8 and Title 58.
Under present law, the governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this. The governor is authorized to delegate such powers as the governor may deem prudent. The governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law. The governor or the governor's designee, must declare a state of emergency or a disaster declaration by either executive order or proclamation, or by activation of the Tennessee emergency management plan. These two types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency will continue 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, but no state of emergency may continue for longer than 45 days unless renewed by the governor. This bill deletes the provision of law limiting a governor's state of emergency to only last for 45 days unless renewed by the governor and provides, instead, that such an executive order or proclamation expires not later than 45 days after its initial issuance. Upon expiration, this bill provides that the executive order or proclamation may only be renewed or extended by the passage of a joint resolution by the general assembly in a regular or extraordinary session.
Under present law, the governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this. The governor is authorized to delegate such powers as the governor may deem prudent. The governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law. The governor or the governor's designee, must declare a state of emergency or a disaster declaration by either executive order or proclamation, or by activation of the Tennessee emergency management plan. These two types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency will continue 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, but no state of emergency may continue for longer than 45 days unless renewed by the governor. This bill deletes the provision of law limiting a governor's state of emergency to only last for 45 days unless renewed by the governor and provides, instead, that such an executive order or proclamation expires not later than 45 days after its initial issuance. Upon expiration, this bill provides that the executive order or proclamation may only be renewed or extended by the passage of a joint resolution by the general assembly in a regular or extraordinary session.
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