Tennessee legislators are reviewing the sweeping powers granted to the executive branch during a state of emergency.
The 17-member Ad Hoc Committee to Study Emergency Powers appointed by the House and Senate speakers last month began considering recommendations for legislation to limit executive powers to be considered next year.
“It is understandable that some of our constituents may be concerned about how the current governor is using these powers, his level of authority to use these powers, the constitutionality of some of his orders, and no mechanism or statute to stop the continued use of these emergency powers,” committee co-chairman Sen. Ferrell Haile, R-Gallatin, said Thursday in his opening remarks to the committee.
The committee is tasked with reviewing the authority existing state law grants executive and judicial branches of government during a state of emergency.
Co-chairman Rep. Jason Zachary, R-Knoxville, outlined key questions the committee will consider in his opening statement, including whether current law on emergency powers is consistent with the state constitution, whether it is appropriate for a state of emergency to continue for months and whether current law goes too far in allowing the executive branch to take steps during a crisis.
“What COVID-19 has done is uncover some unintended consequences in the original law, which has effectively removed the Legislature from the process of decision making,” said Rep. Dan Howell, R-Georgetown. “My focus as a committeeman is how do we maintain the constitutional separation of powers during an emergency?”
Committee chairmen were complimentary of Gov. Bill Lee’s leadership during the unprecedented pandemic and emphasized the purpose of the committee is not to review Lee’s individual decisions or executive orders.
“As Tennesseans, we are fortunate to have had the leadership of Gov. Lee for these last six months,” Zachary said. “He has been measured. He has been steady in how he has led our state through this pandemic. We were one of the last states to issue a safer-at-home order. We were one of the first states to begin reopening on April 22.”
Committee chairmen noted the governor’s executive actions since March have all been within the emergency powers enumerated in existing law.
“It is important to remember that our governor and the judicial branch have worked within the framework provided to them by the Legislature 22 years ago. They are functioning in the framework we provided as a Legislature to them,” Zachary said.
The ad hoc committee will meet again Sept. 3 and Sept. 17.
