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SB 396

Governor - As enacted, authorizes, if the governor issues or extends an executive order or proclamation of a state of emergency, the general assembly to terminate such state of emergency by joint resolution of both houses. - Amends TCA Section 58-2-107.

114th Regular Session (2025-2026) Introduced by Paul Rose

Allows Tennessee legislature to terminate governor emergency declarations via joint resolution, shifting emergency authority control from executive to legislative branches.

Comp. became Pub. Ch. 475
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Bill Summary · SB 396

Legislative bill overview

SB 396 modifies Tennessee's emergency powers law by allowing the state legislature to terminate a governor-issued state of emergency through a joint resolution passed by both the Senate and House. Previously, only the governor could end an emergency declaration they had issued. This amendment adds a legislative check to executive emergency powers.

Why is this important

Emergency declarations grant governors broad powers to bypass normal procedures, allocate resources, and restrict activities during crises. This bill shifts some control over those powers from a single executive to the full legislature, affecting how quickly emergencies can end and who holds ultimate authority during public health or disaster situations.

Potential points of contention

  • Executive authority vs. legislative oversight: Governors may argue this weakens their ability to respond quickly to evolving emergencies; legislators counter that unchecked executive power during emergencies poses risks
  • Partisan disagreement: A legislature controlled by the opposite party could use this power to prematurely end an emergency declaration, potentially against public health interests
  • Practical coordination challenges: Requiring both chambers to pass a joint resolution takes time and coordination, which could delay termination during evolving crises or enable prolonged emergencies if agreement cannot be reached

Compiled from official sources — confirm details with the bill’s official record.

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