When public safety is threatened by a significant event, government officials may declare a state of emergency. This declaration is a formal action that signals the severity of a situation and allows for a coordinated response. For residents, understanding the implications of such a declaration is important for navigating the changes it brings to daily life. This process is governed by specific state laws that outline the procedures and powers associated with an emergency.
What Constitutes a State of Emergency in Tennessee
In Tennessee, a state of emergency is legally defined as an occurrence or imminent threat that results, or may result, in substantial injury or harm to the population or significant damage to property. The legal framework for this is established in the Tennessee Code Annotated Title 58, which outlines the state’s approach to emergency management.
The law does not limit an emergency to natural disasters; it also includes technological, man-made, or civil emergencies. This broad definition allows for flexibility in responding to various crises. The Tennessee Emergency Management Agency (TEMA) is tasked with preparing and maintaining the Tennessee Emergency Management Plan (TEMP), which provides a comprehensive framework for how the state will handle these situations.
Who Declares a State of Emergency and Why
The primary authority to declare a statewide state of emergency rests with the Governor of Tennessee. This power is granted under Tennessee Code Annotated § 58-2-107, which allows the governor to issue an executive order or proclamation when they find that an emergency has occurred or is imminent.1Justia. Tennessee Code § 58-2-107 (2024) – Emergency Management Powers of the Governor The TEMA Director may also issue a state of emergency at the governor’s direction.
In addition to the governor, local officials, such as county and city mayors, have the authority to declare a local state of emergency within their jurisdictions. This is done when an event’s impact is confined to a specific area and can be managed with local resources, though it often precedes or coincides with a state-level declaration for larger events. Reasons for a declaration are varied and can include natural disasters like tornadoes, floods, and ice storms, as well as public health crises such as pandemics, or civil unrest that threatens public safety.
Key Impacts on Daily Life and Business Operations
Government officials may issue travel advisories or impose restrictions on movement to ensure safety and clear paths for emergency responders. In more severe situations, curfews may be implemented, or mandatory evacuations ordered for threatened areas. These measures are enforceable by law.
For businesses, a declaration can mean mandated closures, particularly for those deemed non-essential, or restricted operating hours. This can lead to supply chain disruptions. A state of emergency also triggers consumer protections.
Tennessee’s anti-price gouging statute becomes active, making it illegal for businesses to charge prices that are “grossly in excess” of what was charged before the emergency for essential goods and services like food, fuel, and medical supplies. Violations can result in civil penalties, often around $1,000 per violation, and requirements to issue refunds. Public services may also be altered, with resources redirected toward the emergency response. This could affect everything from public transportation to the availability of government services. The state may establish temporary shelters for displaced residents and distribute essential supplies.
Governmental Powers and Emergency Measures
The governor can mobilize state agencies and resources, including the Tennessee National Guard, to assist in response and recovery efforts. The governor also has the authority to suspend certain state laws and regulations if their enforcement would hinder the emergency response. This allows for expedited action, such as waiving hours-of-service rules for commercial drivers transporting essential supplies like fuel.
The Tennessee Emergency Management Agency (TEMA) plays a central role, coordinating the state’s response from the State Emergency Operations Center. TEMA works with local emergency management agencies to assess needs, manage the flow of resources, and coordinate with federal agencies for assistance. The government can also enter into contracts and employ temporary workers without following standard procedures to ensure a rapid response.
How a State of Emergency Concludes
According to state law, a declaration issued by the governor may not continue for more than 45 days unless it is formally renewed. The termination of the emergency occurs when the governor determines that the threat or danger has passed and the conditions that prompted the declaration no longer exist. This is formalized through another executive order or proclamation.
Alternatively, a state of emergency that is implemented by activating the Tennessee Emergency Management Plan automatically expires when the activation level returns to normal or after 60 days have passed. For local emergencies, the declaration lasts for seven days unless extended by the local governing body or the official who issued it.2Justia. Tennessee Code § 58-2-110 (2024) – Emergency Management Powers of Political Subdivisions Once concluded, the special powers and restrictions associated with the emergency are lifted, and normal governmental and civil operations resume.