{"id":"DUT-TN-014","kind":"duty","level":"state","jurisdiction":"Tennessee","state":"TN","metro":"","industry":"","agency":"","eco":"","issuer":"Herbert H. Slatery III, Attorney General and Reporter, State of Tennessee","authority":"Tenn. Code Ann. sec. 8-6-109 (Attorney General opinions); construing Tenn. Code Ann. sec. 58-2-107(a)(1)-(2)","instrument":"Tenn. Att\u0027y Gen. Op. No. 20-07","title":"Governor\u0027s Emergency Management Executive Orders","dateIssued":"2020-04-27","effective":"2020-04-27 (opinion)","end":"n/a (opinion)","startDate":"2020-04-27","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER"],"addressees":["political subdivisions and local health departments; persons generally (the orders bind as law)"],"clause":"Because the executive orders that the Governor issues pursuant to that authority have the force and effect of law, Tenn. Code Ann. sec. 58-2-107(a)(2), the Governor\u0027s directives in response to an emergency supersede and preempt any action taken by political subdivisions of the State.","enforcement":"The opinion recites the force-of-law provision; the penalty is sec. 58-2-120 (Ex. DUT-TN-007)","functions":[],"notes":"Stated, for every State and local officer, that the COVID-19 executive orders are \u0027the law of the State,\u0027 that the General Assembly vested the Governor with \u0027exclusive responsibility and authority to assume control over all aspects of the State\u0027s response,\u0027 and that absent delegation local entities \u0027may not take actions that are either more restrictive or less restrictive with respect to the subjects addressed in the Governor\u0027s executive orders\u0027; it also confirmed the Governor\u0027s power to delegate to \u0027the local health department\u0027 powers \u0027as the governor may deem prudent,\u0027 the footing of Executive Order No. 54 (Ex. TN-021) and of the six locally run health departments\u0027 stricter orders preserved by Executive Orders 30 and 38 (Exs. TN-013, TN-018). Character as recorded: agency_interpretation (Attorney General opinion).","sourceUrl":"https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2020/op20-07.pdf","snapshot":"","fileExists":true,"fileBytes":598059,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-TN","url":"/library/DUT-TN-014","exhibitUrl":"/exhibit/DUT-TN-014","citation":"Herbert H. Slatery III, Attorney General and Reporter, State of Tennessee, Tenn. Att\u0027y Gen. Op. No. 20-07 (Apr. 27, 2020) (Ex. DUT-TN-014)","stateName":"Tennessee","related":["TN-021","TN-013","TN-018","DUT-TN-015","DUT-TN-007","DUT-TN-006"]}