The COVID Project
The record
- Jurisdiction
- Tennessee
- Level
- State
- Authority
- Tennessee Emergency Management Act, Tenn. Code Ann. title 58, ch. 2, pt. 1
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationBusiness closureGathering capTravel and quarantineStanding duty
- Addressees
- persons generally; employers; owners or persons in control of premises; political subdivisions and law enforcement (duty to secure compliance)
- Character
- statutory authority
- Collection
- Standing duties: Tennessee DUT-TN
Operative words
(a)(2)... Such executive orders, proclamations, and rules have the force and effect of law.... (e)... the governor may:... (7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein;... (11) Take measures concerning the conduct of civilians,... the calling of public meetings and gatherings...
Penalty
Class A misdemeanor for violation of any order, rule or regulation under the chapter (sec. 58-2-120, Ex. DUT-TN-007)
What it required
Gave every executive order issued during the emergency 'the force and effect of law'; authorized the Governor to control the movement of persons and 'the occupancy of premises' in an emergency area and to take measures concerning 'the calling of public meetings and gatherings'; commanded that the Governor 'shall take such action and give such direction to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders and rules made pursuant thereto' (subsection (f)); and authorized delegation of the Governor's powers (subsection (a)(1)), the footing of Executive Order No. 54's delegation of face-covering authority to county mayors (Ex. TN-021). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteText read in the saved exhibit (LawServer mirror, 'current as of 2024'). Every Tennessee executive order in the library recites this section (e.g., Ex. TN-001 preamble and para. 12 citing sec. 58-2-107(e)(1)-(2); Exs. TN-024, TN-027, TN-031 suspending 'any law, order, rule, or regulation that would otherwise limit the enforceability of this Order... pursuant to Tennessee Code Annotated, Section 58-2-107'). The Attorney General construed subsections (a)(1)-(2) in Opinion No. 20-07 (Ex. DUT-TN-014).