SB1861113th GA (Historical)Introduced

Amends TCA Title 58, Chapter 2, Part 1.

Present law provides that the governor, or the governor's designee, must declare a state of emergency or a disaster declaration by executive order or proclamation, or by the activation of the Tennessee emergency management plan ("TEMP"). These two types of threats may be declared if the governor finds an emergency has occurred or the occurrence of threat is imminent. The state of emergency continues 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 clarifies that the governor does not have the authority to renew or extend beyond 45 days an executive order, proclamation, or TEMP issued pursuant to the above provisions and that applies to more than 48 counties. However, the general assembly may authorize the governor to so renew or extend an executive order, proclamation, or TEMP by passage of a joint resolution in a regular or extraordinary session. If such a state of emergency expires and no authorization is granted to renew or extend the state of emergency, then this bill prohibits the governor from declaring a new state of emergency for the same disaster or occurrence as the expired emergency within one year following the expiration of the state of emergency. This bill further prohibits the governor from dividing counties into separate declarations of emergency, whether executive orders, proclamations, or TEMPs, based on a disaster or occurrence that impacts 48 or more counties in this state for the purpose of avoiding the requirements of this bill.

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Overview

Present law provides that the governor, or the governor's designee, must declare a state of emergency or a disaster declaration by executive order or proclamation, or by the activation of the Tennessee emergency management plan ("TEMP"). These two types of threats may be declared if the governor finds an emergency has occurred or the occurrence of threat is imminent. The state of emergency continues 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 clarifies that the governor does not have the authority to renew or extend beyond 45 days an executive order, proclamation, or TEMP issued pursuant to the above provisions and that applies to more than 48 counties. However, the general assembly may authorize the governor to so renew or extend an executive order, proclamation, or TEMP by passage of a joint resolution in a regular or extraordinary session. If such a state of emergency expires and no authorization is granted to renew or extend the state of emergency, then this bill prohibits the governor from declaring a new state of emergency for the same disaster or occurrence as the expired emergency within one year following the expiration of the state of emergency. This bill further prohibits the governor from dividing counties into separate declarations of emergency, whether executive orders, proclamations, or TEMPs, based on a disaster or occurrence that impacts 48 or more counties in this state for the purpose of avoiding the requirements of this bill.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 23, 2024

Subjects
20401945

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SB1861: Amends TCA Title 58, Chapter 2, Part 1. | LegisGo