Tennessee governor issues 90-day regulatory freeze (2019)

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State governments have taken a variety of actions that impact the administrative state at the state level. These actions may address aspects of the regulatory process—such as rulemaking and regulatory review—or interactions between the administrative state and other branches of state government, including judicial deference.

The following news event demonstrates a noteworthy response to administrative practices made by state governments. Click here to view a full list of noteworthy state approaches to address the administrative state.

Tennessee governor issues 90-day regulatory freeze (2019)

Tennessee Governor Bill Lee (R) issued Executive Order 5 on February 1, 2019, which prevented state executive agencies from filing new regulations with the secretary of state’s office for 90 days.[1]

"As part of our efforts to limit the size of state government, we are taking a close look at the regulations we are imposing on citizens and businesses in Tennessee,” said Lee in a statement. "Our goal is to make Tennessee the most job-friendly state in the country and we are working to promote job creation and a commonsense regulatory approach."[2]

Over the course of the 90-day regulatory freeze, the governor's office stated that the executive branch aimed to "develop a framework to better assess the costs and benefits of imposing a new regulation." Tennessee did not have a cost-benefit analysis framework for administrative regulations in place as of the time of Lee's executive order, according to an analysis by the Tennessee Municipal League.[1][3]

Executive agencies could seek an exemption from the governor to file emergency regulations that impact the health, safety or welfare of Tennessee residents. The order also allowed pending regulations approved under Lee’s predecessor, former Governor Bill Haslam (R), to take effect as scheduled.[1]

Haslam issued a similar regulatory freeze for 45 days in 2011.[1]

Lee described his motivation for issuing the regulatory freeze in a February 5, 2019, interview with the Kingsport Times News. "We just want to make sure that before we pass any more regulations, we evaluate the current ones and that we make certain we have an environment for business that is friendly and not over-regulated," said Lee. "I want to have a clear understanding of the regulatory environment."[4]

See also

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Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Tennessean, "Gov. Bill Lee issues executive order to temporarily halt new regulations," February 1, 2019
  2. ↑ Times Free Press, "Gov. Bill Lee issues executive order for freeze across Tennessee executive branch departments," February 1, 2019
  3. ↑ Tennessee Municipal League, "Fiscal Notes and Cost Benefit Analysis for State Rules and Regulations," accessed February 1, 2019
  4. ↑ Kingsport Times News, "Lee: 'I want to have a clear understanding of the regulatory environment,'" February 5, 2019
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