Bredesen Issues Executive Order No. 45

Established To Review Issue Of Gubernatorial Incapacity

Tuesday, March 20, 2007

Gov. Phil Bredesen Tuesday issued Executive Order No. 45, an order to establish the Governor's Advisory Committee on the Transfer of Chief Executive Powers, and named eight Tennesseans to serve on the committee.

"It is important that Tennessee have a clear procedure in place for the transfer of the powers and duties of the governor in the event the governor is unable to exercise those responsibilities," Gov. Bredesen said. "I have established by Executive Order an advisory committee to conduct a comprehensive review of the current laws and practices in Tennessee and in other states that address this issue, and have charged the committee with drafting any constitutional amendments, resolutions or bills which would ensure the continuous operation of state government if there is ever a situation where Tennessee's governor is incapacitated and cannot perform the duties of the office."

Executive Order No. 45 charges the advisory committee's members with conducting a comprehensive review of any current Tennessee constitutional provisions, laws and practices related to the transfer of the powers of the governor, as well as those used in other states, to ensure continuity in the operation of state government in the event the governor were to be incapacitated. The committee is also charged with providing a written report of its findings to Gov. Bredesen on or before Oct. 1, including with it any drafts of any constitutional amendments and joint resolutions or bills proposed for introduction in the General Assembly.

Those appointed by the governor to the advisory committee include:

Robert E. Cooper, Jr., Attorney General and Reporter
Ron Ramsey, Speaker of the Senate
Jimmy Naifeh, Speaker of the House of Representatives
Ned R. McWherter, former Governor of Tennessee
Adolpho A. Birch, Jr., former Tennessee Supreme Court Justice
Glen H. Reynolds, Professor of Law at the University of Tennessee College of Law
Steven E. Elkins, Legal Counsel to the Governor
Kim McMillan, Senior Advisor to the Governor

Gov. Bredesen has charged the Attorney General and Reporter to chair the committee, which will be administratively attached to the Office of the Governor, and has charged all Executive Branch departments, agencies, boards and commissions, and any other divisions of state government to fully cooperate with and support the committee in carrying out Executive Order No. 45.


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