Amends TCA Title 8, Chapter 6 and Title 58, Chapter 2.
Present law makes it the duty of every local emergency management authority and the officers and personnel thereof, to execute and enforce orders and rules made by the governor under the governor's emergency powers. This bill adds to present law by making it the duty of each public official who has the authority and duty to execute and enforce the laws of this state to execute and enforce the orders and rules made by the governor under the governor's emergency powers. Under this bill, if a public official who knowingly takes an action to avoid executing or enforcing the governor's emergency orders and rules, or knowingly fails to act as required by such orders and rules, the attorney general and reporter will be required to petition a court for: (1) A writ of mandamus or an injunction ordering the public official to comply with the order or rule, or to cease interfering with the implementation of the order or rule; and (2) A civil penalty imposed against the public official, and for which the public official will be personally liable, of up to $10,000 plus an additional $1,000 for each day after the issuance of the writ of mandamus or injunction during which the public official refuses to comply.
Present law makes it the duty of every local emergency management authority and the officers and personnel thereof, to execute and enforce orders and rules made by the governor under the governor's emergency powers. This bill adds to present law by making it the duty of each public official who has the authority and duty to execute and enforce the laws of this state to execute and enforce the orders and rules made by the governor under the governor's emergency powers. Under this bill, if a public official who knowingly takes an action to avoid executing or enforcing the governor's emergency orders and rules, or knowingly fails to act as required by such orders and rules, the attorney general and reporter will be required to petition a court for: (1) A writ of mandamus or an injunction ordering the public official to comply with the order or rule, or to cease interfering with the implementation of the order or rule; and (2) A civil penalty imposed against the public official, and for which the public official will be personally liable, of up to $10,000 plus an additional $1,000 for each day after the issuance of the writ of mandamus or injunction during which the public official refuses to comply.
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