Limits governor’s emergency powers to protect constitutional rights.

HB 324 / SB 27

Bill Description

Governor – As introduced, prohibits orders, proclamations, or rules issued by the governor under the governor’s emergency management powers from contravening, suspending, or conflicting with a provision of the Tennessee Constitution; restricts governor’s ability under such powers to suspend certain procedural provisions of a law, order, rule, or regulation.

Bill Sponsors

Bill Co-Sponsors

House: Hulsey, Warner, Burkhart, Capley, Howell, Fritts, Hurt, Martin B, Martin G, Davis, Carringer, Moody, Barrett, Reneau, McCalmon, Reedy, Zachary, Doggett, Sparks

Senate: Bailey, White

TLRC Statement on Bill

This bill limits the emergency powers of the governor, ensuring that executive orders, proclamations, and rules issued during a state of emergency cannot override, suspend, or conflict with the Tennessee Constitution. This bill is a necessary step in reining in executive authority and restoring checks and balances in Tennessee’s government.

Under current law, the governor has broad powers to suspend laws, regulations, and procedures under the justification of an emergency. HB 324 / SB 27 removes the ability to suspend constitutional rights and establishes clear limitations on the governor’s emergency powers. This prevents overreach like we saw during COVID-19, when emergency declarations led to restrictions on businesses, individual freedoms, and religious gatherings.

By passing this legislation, Tennessee ensures that no future governor can use emergency powers to infringe on constitutional liberties. This bill upholds the rule of law, strengthens legislative oversight, and prevents unilateral executive actions from eroding Tennesseans’ freedoms.

Vote Result:

Passed

TLRC Position:

SUPPORT

Read the Bill