TLRC position
Support
2024 · Government
Requires executive orders made in an emergency be approved by the legislature.
HB 1615 / SB 1999
Bill description
Governor - As introduced, provides that the violation of an executive order, proclamation, or rule issued by the governor cannot be enforced as a Class A misdemeanor unless such order, proclamation, or rule specifies that such violation is a Class A misdemeanor and the order, proclamation, or rule is approved by a majority vote of both houses of the general assembly.
Governor - As introduced, provides that the violation of an executive order, proclamation, or rule issued by the governor cannot be enforced as a Class A misdemeanor unless such order, proclamation, or rule specifies that such violation is a Class A misdemeanor and the order, proclamation, or rule is approved by a majority vote of both houses of the general assembly.
Bill sponsors
TLRC statement
Still to this day since 2020, the Tennessee Legislature has taken no action to limit the powers of the Governor’s office during a declared emergency. Albeit unconstitutional in our opinion, by law, the Governor retains the authority to renew emergency declarations with no action from the legislature in perpetuity.
This bill does not change that. But it does something very important. Under current law, a violation of any executive order in a declared emergency by the Governor carries a penalty of a Class A Misdemeanor.
Under this new proposal, any executive order made by the Governor that carries such a penalty would require the approval of the legislature by a joint resolution before the order, proclamation, or rule can take effect. This puts the legislature squarely in play any time an executive order is made during the course of a declared emergency.