Title 58 Military Affairs, Emergencies and Civil Defense

Chapter 1 Military Forces

Part 1 Military Forces — In General

§ 58-1-101. Short title.

Parts 1, 2 and 4-6 of this chapter may be cited as the “Tennessee Military Code of 1970.”

History (2)

Acts 1970, ch. 596, § 1
T.C.A., § 7-101.

§ 58-1-102. Definitions.

In parts 1, 2 and 4-6 of this chapter, unless the context otherwise requires:
1. (1) “Active duty” and “active service” means military duty in a military force (not including the inactive national guard) or in the military department, under an order of the governor issued pursuant to parts 1, 2 and 4-6 of this chapter and while going to and returning from the same. Such duty may be either in a full-time or part-time status, depending upon the conditions under which it is performed;
2. (2) “Active military service of the United States” means full-time duty in the army, navy (including marine corps), air force or coast guard of the United States;
3. (3) “Air national guard” means that part of the national guard which is:
  1. (A) An air force;
  2. (B) Trained, and has its officers appointed under the United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter;
  3. (C) Organized, armed and equipped wholly or partly at federal expense; and
  4. (D) Federally recognized;
4. (4) “Army national guard” means that part of the national guard which is:
  1. (A) A land force;
  2. (B) Trained, and has its officers appointed under United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter;
  3. (C) Organized, armed and equipped wholly or partly at federal expense; and
  4. (D) Federally recognized;
5. (5) “Commanding officer” includes only commissioned officers;
6. (6) “Enlisted member” means a person in an enlisted grade or status;
7. (7) “Federal recognition” means acknowledgment by the federal government that a person appointed to an authorized grade and position vacancy in the national guard meets the prescribed federal standards for such grade and position;
8. (8) “Grade” means a step or degree, in a graduated scale of office, or military rank, that is established and designated as a grade by law or regulations;
9. (9) “May” is used in a permissive sense. “No person may” means that no person is required, authorized or permitted to do the act described;
10. (10) “Military” is used as a descriptive adjective to denote a quality pertaining to any or all of the armed forces;
11. (11) “Military department” means the military agency or division of the state, the composition of which is set forth in § 58-1-114;
12. (12) “Military service of the state” means service in or with any of the military forces or the military department;
13. (13) “National guard” means the army national guard and the air national guard;
14. (14) “Officer” or “commissioned officer” means commissioned or warrant officer;
15. (15) “Rank” means the order of precedence among members of the armed forces;
16. (16) “Shall” is used in an imperative and mandatory sense;
17. (17) “Superior officer” means a commissioned officer superior in rank or command; and
18. (18) “Voluntary aid or assistance” means actions taken by individual units of the national guard, within guidelines provided by the governor, to provide local communities with assistance during times of crisis not otherwise declared by the governor or president of the United States as a disaster or emergency.

Backlinks (17)

History (3)

Acts 1970, ch. 596, § 2
1978, ch. 830, § 1
T.C.A., § 7-102.

§ 58-1-103. Custom and usage of the armed forces of the United States — Regulations continued in effect.

(a) All matters relating to the organization, discipline and government of the Tennessee national guard, not otherwise provided for in parts 1, 2 and 4-6 of this chapter, or by regulations issued pursuant thereto, shall be decided by the customs and usage of the appropriate force or forces of the armed forces of the United States.
(b) All regulations in effect on March 2, 1970, and consistent with parts 1, 2 and 4-6 of this chapter, shall hereby continue in effect until such time as the same may be modified, rescinded, superseded, or otherwise changed by regulations issued pursuant to such sections.

History (2)

Acts 1970, ch. 596, §§ 100, 101
T.C.A., § 7-103.

§ 58-1-104. Military forces — Division and composition.

(a) The military forces of the state, in conformity with the Constitution of Tennessee, shall be divided into three (3) parts, as follows: the army, the navy and the militia.
(b) The army shall be composed of an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Tennessee national guard; and the Tennessee state guard, whenever such a state force shall be duly organized, and its reserve.
(c) The navy shall consist of such naval or sea forces as may be duly organized.
(d) The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as hereinabove defined, and who may not otherwise be exempted by the laws of this state or the United States.

Backlinks (1)

58-1-114

History (4)

Acts 1970, ch. 596, § 3
T.C.A., § 7-104
Acts 1985, ch. 36, §§ 13, 14
1998, ch. 584, § 1.

§ 58-1-105. Commander-in-chief of military forces — Powers — Regulations.

The governor shall be the commander-in-chief of the military forces, except when they shall have been called into the service of the United States, and is authorized and empowered:
1. (1) To issue all such orders, rules and regulations as may be necessary to provide for the organization, government, discipline, maintenance, training, and equipment of the national guard. All such orders, rules and regulations issued by the governor shall have the force and effect of law, but they shall conform to the laws and regulations of the United States relating to the organization, discipline and training of the national guard, to parts 1, 2 and 4-6 of this chapter and as nearly as practicable to the laws and regulations governing the United States army and the United States air force;
2. (2) Upon the duly and legally constituted call of the president of the United States, to call into service all or any portion of the military forces of the state;
3. (3) To appoint, commission and determine the grade of all officers and to select all warrant officers;
4. (4) To determine and fix the home station and location of the various units of the national guard;
5. (5) To provide such buildings, facilities and grounds as may be necessary to conduct the various activities of the branches and units of the national guard;
6. (6) To have, exercise and enjoy such other, further and general powers with respect to the military forces, as may be necessary to execute parts 1, 2 and 4-6 of this chapter or any other statute, or any constitutional provision affecting the military forces, as such statutes and constitution may now exist, or with any amendments thereto or changes therein; and
7. (7) To issue rules, regulations and guidelines specifying the manner, conditions and time period in which a military unit may engage in voluntary aid or assistance.

History (3)

Acts 1970, ch. 596, § 4
1978, ch. 830, § 2
T.C.A., § 7-105.

§ 58-1-106. Active state duty — Compensation — Reimbursement by city or county.

(a) The governor shall have the power, in case of invasion, disaster, insurrection, riot, attack, or combination to oppose the enforcement of the law by force and violence, or imminent danger thereof, or other grave emergency, to order into the active service of the state, for such period, to such extent and in such manner as the governor may deem necessary, all or any part of the national guard or the Tennessee state guard, but, in accordance with the constitution, may not call the militia into service except in case of rebellion or invasion, and then only when the general assembly shall declare by law that the public safety requires it.
(b) Whenever members of the military forces are called into active service of the state, they shall serve for such period as the governor may direct, not to exceed the duration of the emergency for which they may be called. The compensation of all members while on duty or assembled pursuant to subsection (a) shall be paid in the manner and in the amounts prescribed by § 58-1-109 for the national guard and § 58-1-411 for the Tennessee state guard.
(c) As an alternative and cumulative procedure, upon the request of the governing body of a city or county, and its representation, by resolution duly and regularly adopted, that there is a breakdown of law and order, a grievous breach of the peace, a riot, resistance to process of this state, or disaster, or imminent danger thereof, the governor may order into the active service of the state, for such period, to such extent and in such manner as the governor may deem necessary, all, or any part of, the national guard, or the Tennessee state guard. When the national guard or state guard is called pursuant to resolutions so adopted, the compensation of all members while on duty, shall be paid in the manner and in the amounts set forth in § 58-1-109 for the national guard and § 58-1-411 for the Tennessee state guard, and the county and/or city shall reimburse the military department for all such compensation and for all expenses incurred in connection with such duty. Compensation and expenses shall be paid forthwith upon demand of the adjutant general and upon default of payment, all state funds payable to such defaulting city or county shall be withheld until such time as the full amount has been collected and applied to the satisfaction of the indebtedness. Assistance authorized by, and requested from, competent authority provided only by the Tennessee state guard at the request of a city, county, or other local authority pursuant to this section by volunteers without compensation, shall not require the county or city to reimburse the military department; provided, however, that any travel expenses resulting from the authorized assistance of Tennessee state guard members from outside the requesting city or county shall require reimbursement from the city, county or local authority to the military department, when the department incurs an expense as a result of the travel for costs directly paid by the department or for travel claims filed by Tennessee state guard members.
(d) Duty performed pursuant to this section shall not count against the leaves provided for in § 8-33-109 and title 8, chapter 50, part 8, nor against any other leave provided by law, regulation, policy or practice of the state or any county, municipality, or other arm, agency or political subdivision of the state. Compensation as provided in § 58-1-109, for such duty shall be in addition to the salary or compensation otherwise payable to any member who is an officer or employee of the state or any political subdivision thereof.

Backlinks (8)

History (5)

Acts 1970, ch. 596, § 5
T.C.A., § 7-106
Acts 1985, ch. 36, § 15
1998, ch. 584, §§ 2-4
2013, ch. 364, §§ 2-4.

§ 58-1-107. Troops on active duty — Commanding officers — Powers and duties.

When troops of the national guard are assigned to any state duty contemplated hereby, they shall act under the orders of the governor as commander in chief. Commanding officers of troops so employed are responsible only to their military superiors, and shall not act under, nor be subject to, the orders of any civil officer; they shall apply military tactics in respect to the manner in which they shall act to accomplish their missions, and shall use the minimum amount of force necessary to ensure the accomplishment thereof.

History (2)

Acts 1970, ch. 596, § 6
T.C.A., § 7-107.

§ 58-1-108. Active state duty — Individuals.

The governor is authorized and empowered to call individual members of the national guard to active state duty with their consent, for the performance of any official duty in connection with national guard activities.

Backlinks (3)

History (2)

Acts 1970, ch. 596, § 7
T.C.A., § 7-108.

§ 58-1-109. Active duty pay.

(a) Members of the national guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to § 58-1-106, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the same rate of pay and allowances as are at the time provided for the same grade and ratings in active federal service, except that lesser rates of pay may be prescribed by the adjutant general for personnel on full-time active duty; provided, however, that no member shall receive less than fifty dollars ($50.00) per day. No member shall receive less than fifty-five dollars ($55.00) per day when called to active duty in case of grave emergency under § 58-1-106.
(b) The compensation for members of the national guard under this section must accrue upon being ordered to active state service. The payment of compensation to the members must use this state's established weekly pay cycle as needed to effectuate compensation.

Backlinks (3)

History (5)

Acts 1970, ch. 596, § 8
1971, ch. 184, § 1
T.C.A., § 7-109
Acts 1987, ch. 128, §§ 1, 2
2023, ch. 360, § 1.

§ 58-1-110. Military staff of the governor.

The military staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, the national guard officers assigned to the state headquarters, and such aides-de-camp as the governor shall deem necessary, all of whom shall be federally recognized, commissioned officers detailed by the governor from the national guard. Officers detailed pursuant to this section shall not be relieved from their ordinary duties except when actually on duty with the governor. The military staff of the governor shall perform such personal and ceremonial duties as may be required by the governor.

History (2)

Acts 1970, ch. 596, § 9
T.C.A., § 7-110.

§ 58-1-111. Honorary staff of the governor.

The honorary staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, and such honorary aides-de-camp as the governor may deem desirable or proper. Honorary staff officers shall bear the honorary rank and title of colonel.

History (2)

Acts 1970, ch. 596, § 10
T.C.A., § 7-111.

§ 58-1-112. Martial rule — Proclamation by governor — Procedure.

(a) Whenever any portion of the national guard is employed pursuant to § 58-1-106, the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule.
(b) Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control:
1. (1) The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
2. (2) The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated;
3. (3) The regulation and closing of places of amusement and assembly;
4. (4) The prohibition of the sale and distribution of alcoholic beverages;
5. (5) The prohibition and control of the presence of persons on public streets;
6. (6) The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and
7. (7) The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.
(c) Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast.
(d) Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen.

History (3)

Acts 1970, ch. 596, § 11
T.C.A., § 7-112
Acts 2009, ch. 288, § 1.

§ 58-1-113. Service without the state — Offenses committed — Jurisdiction.

(a) The governor may order the national guard, or any part thereof, to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training and to participate in small arms and other military competitions and to attend service schools.
(b) Officers and enlisted men of the national guard shall be subject to and governed by this chapter while without this state under the order or authorization of the governor under subsection (a) in like manner and to the same extent as when on duty within this state under orders of the governor so as to allow the governor and the courts of this state to have jurisdiction over such guardsmen for offenses committed while physically outside the state, so long as the state where the offense was committed and the accused agree to the trial of the issue in the Tennessee courts.

Backlinks (1)

8-33-110(a)(1)

History (3)

Acts 1970, ch. 596, § 12
1975, ch. 45, § 1
T.C.A., § 7-113.

§ 58-1-114. Military department constituted.

That agency, division or department of the state government, comprising the headquarters of the military forces of the state as constituted and defined in § 58-1-104, and the emergency management agency, shall be known and is hereby designated as the military department. The adjutant general shall be the executive head of the military department and commanding general of the military forces of the state.

Backlinks (1)

58-1-102(11)

History (2)

Acts 1970, ch. 596, § 13
T.C.A., § 7-114.

§ 58-1-115. Adjutant general — Appointment.

The adjutant general shall be appointed by the governor for a term concurrent with the term of the governor who appointed the adjutant general, and shall serve as such at the pleasure of the governor. The adjutant general shall have such rank as may be conferred by the governor, but in no event shall such rank be higher than that of lieutenant general. The adjutant general shall be a member of the Tennessee national guard who meets all of the qualifications to be a federally recognized general officer.

History (3)

Acts 1970, ch. 596, § 14
T.C.A., § 7-115
Acts 2007, ch. 140, § 1.

§ 58-1-116. Duties of the adjutant general — Records of office as evidence.

(a) The adjutant general shall be chief of staff to the governor and subordinate only to the governor in matters pertaining to the military department and the military and naval affairs of the state.
(b) It shall be the duty of the adjutant general to direct the planning and employment of the military forces of the state in carrying out their state military mission; to establish unified command of state forces whenever they shall be jointly engaged; to coordinate the military and naval affairs with the civil defense of the state. The adjutant general shall be custodian of all military records and shall keep the same indexed and available for ready reference. The adjutant general shall keep an itemized account of all moneys received and disbursed from all sources and shall make a biennial report to the governor on the condition of the military department and the military forces of the state, together with such other matters relating to the military department, as the adjutant general shall deem expedient, or as may be directed by the governor. The adjutant general shall cause the laws and regulations relating to the military department to be distributed to all military forces of the state. The adjutant general shall further perform such duties pertaining to the adjutant general's office as from time to time may be provided by the laws, rules and regulations of the United States and such as may be designated by the governor.
(c) The adjutant general shall have a seal of office approved by the governor and all copies and papers in the military department, duly certified and authenticated under such seal shall be evidence in like manner as if the original were produced.
(d) Whenever the governor and those in succession to the governor under the constitution and laws of the state shall be unable to perform the duties of commander in chief, such duties shall devolve upon the adjutant general.

History (2)

Acts 1970, ch. 596, § 15
T.C.A., § 7-116.

§ 58-1-117. Design of the flag or banner of the military department.

The flag or banner of the Tennessee military department shall be of the following design, colors and proportions: an oblong flag or banner, the principal field of the flag or banner to be of the color blue, but the flag or banner ending at its free or outer end in a perpendicular bar of crimson, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the blue field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one third (⅓) that of the crimson bar; and the total width of the bar and stripe together to be equal to one sixteenth (⁄) of the width of the flag. In the center of the blue field shall be a distinctive crest. The crest shall be composed of a gold circle. Within the gold circle shall be a blue field with “Tennessee Military Department” in white along the top arch. The year “1796” in white shall be along the bottom arch of the circle. Three (3) white stars, representing the three (3) grand divisions, shall be spaced equally on the sides of the language “1796”. A gold circle lies within the outer ring. The interior of the gold circle shall be white. Centered within the white field shall be a representation of the state of Tennessee, designed in the manner of the Tennessee state flag. A black and white line drawing of the Minuteman, the symbol of the National Guard, shall be centered within the white circle, in the foreground, and shall overlap the inner gold circle at the top and bottom. The distinctive crest shall be proportional to the appropriate size of the flag.

History (1)

Acts 2008, ch. 645, § 1.

§ 58-1-118. Offenses involving improper use or display of military decorations, medals or badges.

(a)
1. (1) It is an offense for a person to wear or display any decoration or medal authorized by congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of those forces, or the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display the badge, decoration or medal.
2. (2) It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by congress for the armed forces of the United States, any of the service medals or badges awarded to the members of those forces, the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation of such item.
(b)
1. (1) It is an offense for a person to wear or display any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display any such decoration or medal.
2. (2) It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof.
(c) A violation of subsection (a) or (b) is a Class B misdemeanor, except if a decoration or medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart or any replacement or duplicate medal for such medal as authorized by law, then a violation of subsection (a) or (b) is a Class A misdemeanor.

History (1)

Acts 2009, ch. 274, § 1.

§ 58-1-119. Offense of impersonating a member of the United States armed forces.

(a) It is an offense for a person to falsely impersonate or represent to another, whether by conduct, dress, verbally or in writing, that such person or a third party is or was a member of the armed forces of the United States with the intent to deceive or cause another to believe the representation when the person knows it to be false.
(b) It is not a defense to prosecution under this section that the person making the false representation received no benefit or monetary thing or value from it.
(c) This section shall not apply to wearing the dress of a member of the armed forces if done for the following purposes:
1. (1) Instructional;
2. (2) Law enforcement;
3. (3) Theatrical, motion picture or entertainment;
4. (4) Historical, ceremonial or educational; or
5. (5) As a costume if worn in accordance with or not prohibited by regulations promulgated pursuant to law.
(d) Nothing in this section shall be construed to prohibit prosecution under any other applicable statute if the person derives a benefit or thing of value from the impersonation.
(e) Impersonation of a member of the armed forces is a Class B misdemeanor.

History (1)

Acts 2012, ch. 612, § 1.

§ 58-1-120. Critical skills retention bonus program.

(a) Subject to available appropriations, the military department may administer a critical skills retention bonus program to be used to award retention bonuses to enlisted service members in the Tennessee national guard in addition to any other retention bonus the service members may receive. A retention bonus awarded from the program must not exceed ten thousand dollars ($10,000).
(b) The adjutant general shall adopt written policies to implement the critical skills retention bonus program consistent with this section.

History (1)

Acts 2024, ch. 847, § 1.

§ 58-1-121. State employees who are members of the reserve or national guard called to full-time military duty.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Contingency operation” means a military operation that results in the call or order to active duty, or retention on active duty, of members of the uniformed services under 10 U.S.C. § 688; § 12301(a); § 12302; § 12304; § 12304a; § 12304b; § 12305; § 12406; chapter 15 of title 10 U.S.C.; or another provision of law during a war or during a national emergency declared by the president or congress;
2. (2) “Governor” means the governor of this state;
3. (3) “Partial pay” means the difference, if any, between a state employee's regular state salary and the employee's full-time active duty military pay, with a minimum monthly amount sufficient to keep in full force and effect all state benefits that the employee had on the date of the call to active military duty; and
4. (4) “State employee” means an employee employed with an entity described in § 8-30-102(a), § 8-30-102(b)(2)-(3), § 8-30-102(b)(5)-(7), or § 8-30-102(b)(10)-(11).
(b) A state employee ordered to active duty, or retained on active duty, by the president of the United States, or under the authority of the governor, as a member of a reserve component of the armed forces of the United States or the national guard in recognition of a contingency operation is entitled, while on such active military duty, to special leave with partial pay during the period of active duty; provided, however, that the special leave with partial pay must not exceed one (1) year.
(c) The commissioner of the department of human resources and the commissioner of the department of finance and administration may establish such policies as are necessary to implement and administer this section.

History (1)

Acts 2024, ch. 847, § 1.

Part 2 National Guard

§ 58-1-201. Organization of state headquarters — Army division — Air division.

The state headquarters of the national guard is hereby organized and divided into an army division and an air division, with an officer whose rank shall be designated by the governor as the head of each division; provided, that no such officer's rank shall be higher than major general. The head of the army division shall be designated as assistant adjutant general for army, and the head of the air division shall be designated as assistant adjutant general for air. The governor is further authorized to appoint for the army division or the air division a deputy assistant adjutant general; provided, that no such officer's rank shall be higher than brigadier general. Such officer shall serve at the pleasure of the governor and shall perform military duties as assigned by the adjutant general.

History (3)

Acts 1970, ch. 596, § 16
T.C.A., § 7-117
Acts 1993, ch. 158, § 1.

§ 58-1-202. Organization and training — Laws and regulations of United States.

The national guard shall be organized, armed, disciplined, governed, administered, and trained as prescribed by parts 1, 2 and 4-6 of this chapter and the regulations issued thereunder; provided, however, that the governor shall conform the organization of the national guard to the organization prescribed by the laws of the United States and the lawful regulations promulgated pursuant thereto. To that end, the governor is hereby authorized to organize, reorganize or disband any unit, headquarters or staff therein, to increase or decrease the number of commissioned officers, warrant officers and noncommissioned officers of any grade therein and to increase or decrease the strength of the national guard.

History (2)

Acts 1970, ch. 596, § 17
T.C.A., § 7-118.

§ 58-1-203. Army national guard.

The land force of the national guard shall be the army national guard and shall comprise the army units which are a part of the national guard on March 2, 1970, and such other army units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the army national guard shall be federally recognized as such.

History (2)

Acts 1970, ch. 596, § 18
T.C.A., § 7-119.

§ 58-1-204. Air national guard.

The air force of the national guard shall be the air national guard and shall comprise the air units which are a part of the national guard on March 2, 1970, and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the air national guard shall be federally recognized as such. The light aviation units of the army national guard shall not be considered air units within the meaning of parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 19
T.C.A., § 7-120.

§ 58-1-205. Assemblies, annual training and other duty.

(a) Members and units of the national guard shall assemble for such drill, or other equivalent training, instruction or duties during each year and shall participate in such field training, encampments, maneuvers, schools, conferences, or other similar duties each year as may be ordered by competent authority; provided, that no assembly of any unit of the national guard shall be ordered in time of peace for any day during which a state or federal election shall be held, except in case of disaster, riot, attack, invasion or insurrection or imminent danger thereof.
(b) Members of the national guard, with their consent, may be ordered by the governor, or under the governor's authority, to perform special duty, including, but not limited to, duty, as a member of, or in any other capacity with, any military board, or as an investigating officer or medical examiner.

Backlinks (3)

History (2)

Acts 1970, ch. 596, § 20
T.C.A., § 7-121.

§ 58-1-206. Maintenance of national guard units.

In the event adequate and satisfactory armory accommodations, bases, camps, target ranges and other facilities are not furnished by the United States, counties or municipal corporations, the same may be provided and maintained by the state.

History (2)

Acts 1970, ch. 596, § 21
T.C.A., § 7-122.

§ 58-1-207. Inactive national guard.

The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein on March 2, 1970, such officers and enlisted personnel as may be hereafter transferred thereto from the army national guard and the air national guard and such persons as lawfully may be enlisted therein.

History (2)

Acts 1970, ch. 596, § 22
T.C.A., § 7-123.

§ 58-1-208. Funds — Accounting requirements — Post exchanges and canteens — Regulations governing.

All unit funds, known as company, battalion, and regimental funds, however derived, in the hands of national guard organizations including the “station commander's upkeep and maintenance fund,” shall be accounted for in accordance with regulations promulgated by the adjutant general. Post exchanges, canteen and similar activities shall likewise be operated and regulated in accordance with such regulations.

History (2)

Acts 1970, ch. 596, § 26
T.C.A., § 7-124.

§ 58-1-209. Appointment and promotion of commissioned officers.

All commissioned officers of the national guard shall be considered for appointment and promotion by the governor upon the recommendation of appropriate commanders and under regulations promulgated pursuant to parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 28
T.C.A., § 7-125.

§ 58-1-210. Commissioned officers — Qualifications.

(a) No person shall be appointed or promoted as a commissioned officer of the national guard unless such person shall have passed such examination as to the person's physical, moral and professional qualifications as may be prescribed by the laws of the United States and by parts 1, 2 and 4-6 of this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the national guard and no appointment as such shall become effective until the person shall have taken and subscribed to an oath of office.
(b) Any person who has been dismissed or discharged from the national guard of this or any other state or from the armed forces of the United States or any reserve component thereof, under other than honorable conditions, and has not been restored to duty, shall not be eligible for appointment as a commissioned officer in the national guard.

History (2)

Acts 1970, ch. 596, § 29
T.C.A., § 7-126.

§ 58-1-211. Commissioned officers — Oath.

Every commissioned officer shall take and subscribe to the oath of office prescribed for officers of the national guard by the applicable laws of the United States and regulations issued pursuant thereto, and to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before an officer of the national guard authorized to administer oaths as provided in parts 1, 2 and 4-6 of this chapter, or before a notary public or other officer authorized by the laws of this state to administer oaths.

History (2)

Acts 1970, ch. 596, § 30
T.C.A., § 7-127.

§ 58-1-212. Precedence and date of rank.

Precedence or relative rank among officers of the same grade in the Tennessee national guard will be determined as follows:
1. (1) The date of rank is the date of federal recognition in the national guard; provided, that the officer has had no prior active federal or reserve component service in the same or higher grade;
2. (2) When an officer has had prior active or reserve component service in the same or higher grade, the officer's date of rank will precede the date of federal recognition by a period equal to the total length of such service (inactive service in either the army of the United States, reserve or national guard will not count);
3. (3) When the date of rank of two (2) or more officers is the same when computed under either subdivision (1) or (2), the senior will be determined by the length of active commissioned service in the national guard. Further determination will be made by total active commissioned service in all components, then by age.

History (2)

Acts 1970, ch. 596, § 31
T.C.A., § 7-128.

§ 58-1-213. Assignments and promotions.

Officers will be assigned, transferred and promoted under regulations prescribed and published pursuant to parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 32
T.C.A., § 7-129.

§ 58-1-214. Officer's uniforms.

Every commissioned officer shall personally provide such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to parts 1, 2, and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 33
T.C.A., § 7-130.

§ 58-1-215. Efficiency and medical examining boards — Appointment — Authority.

(a) The efficiency, moral character and general fitness for retention of any commissioned officer may be investigated and determined by an examining board. The members of an examining board shall be senior in rank to the officer under investigation unless unavailable.
(b) The physical fitness for further service of any commissioned officer may be investigated and determined by a medical examining board of officers.
(c) Efficiency and medical examining boards shall be appointed by, or upon direction of, the governor. Whenever an examining board shall be appointed for the purpose of determining the fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.

Backlinks (1)

58-1-218(4)

History (2)

Acts 1970, ch. 596, § 34
T.C.A., § 7-131.

§ 58-1-216. Efficiency and medical examining boards — Procedure.

(a) Efficiency and medical examining boards appointed by the governor shall follow the practice and procedure prescribed by applicable laws of the United States and this state, and the regulations issued thereunder, including the right to subpoena witnesses. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses in the officer's behalf. The officer shall at all stages of the proceedings be allowed full access to the records pertinent to the case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or the state, the governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the Tennessee national guard retired list in accordance with parts 1, 2 and 4-6 of this chapter.
(b) The national guard efficiency and medical examining board appointed by the governor shall periodically be subject to review pursuant to the governmental entity review law simultaneously with, and as an adjunct to, the military department.

Backlinks (1)

58-1-218(4)

History (3)

Acts 1970, ch. 596, § 35
T.C.A., § 7-132
Acts 1985, ch. 64, § 3.

§ 58-1-217. Resignation of officers.

(a) A commissioned officer of the national guard may tender resignation at any time to the governor. If the governor shall accept the resignation, the officer shall receive an honorable discharge; if the officer tendering the resignation shall be under arrest or if charges have been preferred against the officer for the commission of an offense punishable by a court-martial, the governor shall await the outcome of such charges and then issue or cause to be issued such a discharge in such form as may be indicated.
(b) Enlistment in the regular army, air force, navy, marine corps or coast guard of the United States shall be deemed a resignation by the person so enlisted of all commissions held in the military forces of this state.
(c) No officer shall be discharged or permitted to resign until having accounted for all military funds or property entrusted to the officer's care.

History (2)

Acts 1970, ch. 596, § 36
T.C.A., § 7-133.

§ 58-1-218. Officers — Termination of appointments.

The appointment of a national guard officer will be terminated and the officer's state recognition withdrawn for the following causes and reasons, and none other:
1. (1) Death;
2. (2) Attainment of maximum ages as prescribed in federal law. Nothing in parts 1, 2 and 4-6 of this chapter shall be construed to give any officer the assurance of serving until the officer has reached the maximum age, the maximum age being merely definitive of the maximum age to which the officer may serve if the officer's recognition is not withdrawn for other causes enumerated in this section. The appointment of any army medical department (AMMED) officer may be extended by the governor or the adjutant general if the officer can continue to serve as a federally recognized member of the reserve components under applicable federal law or the rules and regulations of the national guard bureau of the United States. The adjutant general may, in the adjutant general's sole discretion, extend the termination of any warrant officer to the last day of the month in which the officer reaches age sixty-two (62);
  Backlinks (1)
  
  58-1-219
3. (3) Withdrawal of federal recognition. Whenever an officer is terminated or the officer's federal recognition is withdrawn by the valid action of the federal government, including terminations as a result of the application of [former] the Reserve Officer's Personnel Act, as amended [repealed], such action will operate to terminate the officer's state appointment and as a withdrawal of the officer's state recognition;
  Backlinks (1)
  
  58-1-219
4. (4) Pursuant to the finding of efficiency and medical boards as provided for in §§ 58-1-215 and 58-1-216;
5. (5) Resignation;
6. (6) Absence without leave for three (3) months;
7. (7) Failure, without justification, to complete a year of satisfactory federal service;
8. (8) Conviction of any crime involving moral turpitude;
9. (9) The acceptance of an appointment, or the enlistment, in any of the other military services of the United States;
10. (10) Induction into active military service under the Universal Military Training and Service Act, as amended;
11. (11) When it has been determined that the officer is subversive or disloyal;
12. (12) In the case of a chaplain, when ecclesiastical endorsement is withdrawn by the church of the officer's faith;
13. (13) In the case of an officer of the medical or dental corps, when the officer's license or right to practice such officer's profession has been terminated by proper authority;
14. (14) In the case of an officer of the judge advocate general's corps, when by action of appropriate authorities, the officer is refused the privilege of practicing law, or that privilege is withdrawn; or
15. (15) In the case of general officers, their appointments may also be terminated and their state recognition withdrawn under § 58-1-220.

History (6)

Acts 1970, ch. 596, § 37
1973, ch. 353, § 1
1978, ch. 787, § 1
T.C.A., § 7-134
Acts 1993, ch. 69, § 1
2007, ch. 23, § 1.

§ 58-1-219. Officers — Retired list.

When the appointment of any officer is terminated and federal recognition withdrawn pursuant to § 58-1-218(2), the officer's name shall be placed upon the national guard retired list. Those terminated under § 58-1-218(3), (4), (5) and (7), may also be placed upon such list if the termination was not occasioned by misconduct or undesirable habits and traits of character.

History (2)

Acts 1970, ch. 596, § 38
T.C.A., § 7-135.

§ 58-1-220. General officers — Tenure.

No general officer of the line and no air guard general officer, unless the officer be the adjutant general, deputy adjutant general, or an assistant adjutant general army and an assistant adjutant general air, shall serve more than three (3) years as a federally recognized general officer. Should a general officer of the line or an air guard general officer of the line hold the rank of major general or occupy a vacancy designated to be held by a major general, such general officer shall, at the discretion of the adjutant general, be allowed to serve for two (2) additional years from the date such general officer is federally recognized as a major general.

Backlinks (1)

58-1-218(15)

History (4)

Acts 1970, ch. 596, § 39
1975, ch. 263, § 1
1978, ch. 664, § 1
T.C.A., § 7-136.

§ 58-1-221. Enlisted personnel — Period of service.

(a) The qualifications for enlistment and reenlistment, the period of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the national guard shall be those prescribed by applicable laws of the United States and by parts 1, 2 and 4-6 of this chapter and by regulations issued thereunder.
(b) Any person who has been discharged under other than honorable conditions from the military forces of this or any other state or from any component of the armed forces of the United States and has not been restored to duty shall not be eligible for enlistment in any force of the national guard.
(c)
1. (1) The governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the national guard for, but not exceeding, the duration of an emergency declared by the governor.
2. (2) Whenever the period of enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the reserve components of the armed forces of the United States is extended, the governor shall extend the period of enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel in the national guard for the same period.

History (2)

Acts 1970, ch. 596, § 40
T.C.A., § 7-137.

§ 58-1-222. Contract and oath of enlistment.

Every person who enlists or reenlists in the national guard shall sign an enlistment contract and shall take and subscribe to such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before any officer of the national guard. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury.

History (2)

Acts 1970, ch. 596, § 41
T.C.A., § 7-138.

§ 58-1-223. Promotions and reductions.

Enlisted personnel of the national guard shall be promoted and reduced in grade or rank as prescribed by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 42
T.C.A., § 7-139.

§ 58-1-224. Discharges.

(a) An enlisted person may be discharged from the national guard prior to the expiration of that person’s term of enlistment under such conditions as may be prescribed by applicable laws and regulations of the United States and by parts 1, 2 and 4-6 of this chapter and regulations issued pursuant thereto.
(b) An enlisted person discharged from the national guard shall receive a discharge in writing in such form and of such type of classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 43
T.C.A., § 7-140.

§ 58-1-225. Absence without leave.

When an enlisted person of the national guard is absent without leave or misses all scheduled drills without proper authority for five (5) drills, within any twelve-month period and there is reason to believe that the enlisted person does not intend to return, the enlisted person may be discharged, or if the enlisted person is an obligor, such person may be ordered to extended active duty as provided by appropriate federal regulation.

History (2)

Acts 1970, ch. 596, § 44
T.C.A., § 7-141.

§ 58-1-226. Exemption from civil process and arrest.

Except for the commission of treason, a felony or a breach of the peace, the officers and enlisted personnel of the national guard shall be exempt from service of civil process and from arrest while actually engaged in the following activities:
1. (1) Drill;
2. (2) Instruction;
3. (3) Voluntary aid and assistance; or
4. (4) Other military duty.

History (3)

Acts 1970, ch. 596, § 89
1978, ch. 830, § 3
T.C.A., § 7-142.

§ 58-1-227. Relief from civil or criminal liability.

(a) Members of the national guard ordered into the active service of the state, pursuant to § 58-1-106, shall receive the same immunity afforded by law to state employees for acts done in the performance of their duty while at their post of duty. When an action or proceeding of any nature shall be commenced in any court by any person against any member of the national guard for any act done by the guard member in guard member's official capacity in the discharge of guard member's assigned duty under parts 1, 2 and 4-6 of this chapter, or an alleged omission by guard member to do an act which it was the guard member's duty to perform or against any person acting under lawful authority or orders or by virtue of any warrant issued by guard member pursuant to law, the governor shall designate counsel to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department.
(b) Officers and enlisted personnel of the national guard who engage in voluntary aid and assistance shall receive the same immunity afforded by law to state employees for actions taken in the performance of their duty while at their post of duty. When an action is commenced in any court by any person against any officer or enlisted personnel of the national guard for actions in the course of voluntary aid and assistance, counsel shall be designated as provided by title 8, chapter 42 to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department.
(c)
1. (1) Notwithstanding § 39-11-605 or § 39-11-622(a)(2), if a member of the national guard uses force against another, including by discharging a personally owned firearm, and a civil cause of action is commenced against the national guard member alleging that the use of force resulted in the death or injury of, or property damage to, the person commencing the action, the national guard member shall have civil immunity with respect to any person commencing an action that is based on the national guard member's use of force, if the court in which the action is filed determines the national guard member:
  1. (A) Used force against the person bringing the action that was justifiable self-defense, in accordance with § 39-11-611, or justifiable defense of others, in accordance with § 39-11-612;
  2. (B) Was on duty or in uniform at the time force was used; and
  3. (C) If the use of force involved the discharge of a personally owned handgun, was authorized to possess or carry a handgun pursuant to § 39-17-1351 and authorized by the military department to carry a personally owned handgun while on-duty or in uniform.
2. (2)
  1. (A) As soon as possible after the national guard member's use of force, the attorney general and reporter shall investigate and determine whether the national guard member's use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the attorney general determines that the use of force was justifiable, the national guard member shall receive legal counsel designated as provided by title 8, chapter 42, to represent the national guard member if any action is commenced by any person against the national guard member that is based upon the national guard member's justified use of force.
  2. (B) If the attorney general and reporter determines the national guard member's use of force was not justified and declines to provide legal counsel, the provision of § 39-11-622(b) shall be applicable and available to the national guard member.
3. (3) If any civil or administrative action is brought against the national guard member that is based on the national guard member's use of force, the trier of fact shall first determine if the use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the trier of fact finds the national guard member's use of force did comply, the action against the national guard member shall be dismissed.

History (4)

Acts 1970, ch. 596, § 90
1978, ch. 830, § 4
T.C.A., § 7-143
Acts 2016, ch. 778, § 1.

§ 58-1-228. National Guard Force Protection Act of 2016.

(a) This section shall be known and may be cited as the “National Guard Force Protection Act of 2016.”
(b) The department of military may implement the following force protection enhancements at national guard facilities:
1. (1) Aiphones;
2. (2) Shatter resistant films;
3. (3) Cameras;
4. (4) Magnetic locks with keypads;
5. (5) Mobile ballistic shields;
6. (6) Barriers, including:
  1. (A) Permanent bollards;
  2. (B) Automatic bollards;
  3. (C) Manual removable bollards; and
  4. (D) Decorative barriers;
7. (7) Privacy screens; and
8. (8) Any other force protection enhancement deemed necessary by the department.
(c) The adjutant general shall inform the general assembly upon completion of the force protection enhancements required pursuant to this section.

History (1)

Acts 2016, ch. 747, §§ 1-4.

§ 58-1-229. Exemption from duty on election day — Influencing election — Penalty.

(a) No officer or enlisted personnel of the national guard, except in compliance with orders of the governor, shall be required to perform military duty on a day designated for the holding of any primary or general election in any city or civil district in the state; nor shall any officer or enlisted man of the national guard use military rank or status in any way to influence the result of any such election.
(b) Whoever violates this section is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 92
T.C.A., § 7-145
Acts 1989, ch. 591, § 113.

§ 58-1-230. Awards in case of death or injury.

(a) Death.
1. (1) The division of claims and risk management is authorized after proper investigation to pay a death benefit to or for the survivor prescribed in subdivision (a)(3), upon receiving certification by the adjutant general of the death of any member of the national guard who:
  1. (A) Dies while performing full time training, or duty under §§ 58-1-106, 58-1-108 and 58-1-205; or
  2. (B) Dies within one hundred twenty (120) days thereafter if death resulted from injury sustained or disease incurred or aggravated while performing such training or duty or returning from the same.
2. (2) A death benefit paid pursuant to subdivision (a)(1) must equal the death benefit calculated pursuant to the Workers' Compensation Law, compiled in title 50, chapter 6; provided, however, that:
  1. (A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of:
    1. (i) The average weekly wage earned by the guard member in the guard member's civilian employment at the time the state active duty orders were issued; or
    2. (ii) The average weekly wage the guard member would have received while on active federal duty;
  2. (B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and
  3. (C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted.
3. (3)
  1. (A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list:
    1. (i) Surviving spouse;
    2. (ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged;
    3. (iii) Parents;
    4. (iv) Brothers and sisters in equal shares.
  2. (B) No further beneficiaries shall be recognized.
4. (4) The death benefit herein provided shall be payable without regard to legal liability and the state shall not be entitled to subrogation in any instance.
(b) Injuries. When a member of the national guard is injured while performing full-time training, or duty under § 58-1-106, § 58-1-108, or § 58-1-205, the division of claims and risk management shall compensate the guard member in the same manner and to the same extent as provided under the Workers' Compensation Law, compiled in title 50, chapter 6; provided, however, that:
1. (1) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of:
  1. (A) The average weekly wage earned by the guard member in the guard member's civilian employment at the time the state active duty orders were issued; or
  2. (B) The average weekly wage the guard member would have received while on active federal duty; and
2. (2) The compensation for permanent partial disability must be payable in a lump sum without commutation. Compensation for temporary disability and permanent total disability may be paid periodically in the same manner as provided under the Workers' Compensation Law, compiled in title 50, chapter 6.
(c) Coordination of Benefits. For the purpose of coordinating benefits payable from the state and from the federal government as the result of the death or injury of a member of the Tennessee national guard, any workers' compensation benefits provided by the state shall be reduced by the amount of any medical care, hospitalization, or incapacitation pay benefits paid by the federal government to such guard member or statutory beneficiary as the result of injury or death.
(d) Investigation.
1. (1) No benefits for death or injury shall be paid unless and until a board of Tennessee national guard officers appointed by the adjutant general consisting of not less than three (3) officers, at least one (1) of which shall be a medical officer, shall submit, after a full evidentiary hearing according to military regulations, its findings and recommendations for approval, certification, and transmittal by the adjutant general to the division of claims and risk management, that the deceased or injured guard member was in the course of employment at the time of his death or injury or when the disease or injury which produced death was incurred.
2. (2) Upon receipt of the board's report and recommendations of the adjutant general, the division of claims and risk management shall determine whether the injury or death of such member of the national guard arose out of and in the course of employment under the Workers' Compensation Law of this state and, if appropriate, act upon such claim.
(e) Appeal. Any guard member, or any statutory beneficiary as hereinabove enumerated, whose claim is denied by the division of claims and risk management shall have the right to file the guard member's claim with the claims commission within ninety (90) days of the date of such denial. Any decision of the claims commission pertaining to the death or injury of a member of the national guard shall be subject to judicial review pursuant to the procedure for workers' compensation cases under § 50-6-225.

History (9)

Acts 1970, ch. 596, § 67
1976, ch. 756, § 1
T.C.A., § 7-147
Acts 1981, ch. 449, § 2
1984, ch. 972, § 19
1986, ch. 626, § 8
2006, ch. 985, § 1
2017, ch. 271, § 1
2024, ch. 687, §§ 2, 3.

§ 58-1-231. Service medals.

A service medal shall be issued to each officer or enlisted member of the national guard at the completion of five (5) years of honorable service therein, continuous or otherwise, with a clasp indicating such service affixed thereto and for each additional five (5) years of like service a clasp to be affixed to such medal; provided, that all members of the national guard who were active members as officers or enlisted personnel of the military or naval forces of the United States in time of war and who received honorable discharge from such service shall be issued an additional clasp indicative of such wartime service to be affixed to the medal hereinabove provided.

History (2)

Acts 1970, ch. 596, § 94
T.C.A., § 7-148.

§ 58-1-232. Dress uniforms.

Any organization of the national guard may, with the approval of the commander in chief, adopt and provide, at the expense of individual members thereof, a dress uniform for special occasions; such adopted uniform shall not be worn except as may be prescribed by the commander in chief.

History (2)

Acts 1970, ch. 596, § 96
T.C.A., § 7-149.

§ 58-1-233. Membership in national guard associations.

The adjutant general is authorized and empowered to maintain membership for the Tennessee national guard in the national guard association of the United States or any similar organization, and with the approval of the governor is authorized to incur the usual expenses incident to such membership, which expenses will be included in the annual budget of the military department and paid from the appropriations provided for that department.

History (2)

Acts 1970, ch. 596, § 86
T.C.A., § 7-150.

§ 58-1-234. Authority to administer oaths.

The following officers of the national guard shall have power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for such purposes before such officers:
1. (1) All company, battery, squadron and similar unit commanders;
2. (2) All adjutants, assistant adjutants, and personnel officers;
3. (3) All staff judge advocates and legal officers and acting or assisting staff judge advocates and legal officers;
4. (4) All officers detailed to conduct an investigation, or to take a statement or deposition; and
5. (5) All commissioned officers are authorized to administer oaths for enlistment and appointment.

History (2)

Acts 1970, ch. 596, § 98
T.C.A., § 7-151.

§ 58-1-235. Patrons of national guard.

Any person, who contributes to a company fund of the Tennessee national guard the sum of ten dollars ($10.00) or more for the period of one (1) year shall be known as a patron of the national guard. The names of all such patrons, together with the amount contributed by each, shall be reported to the adjutant general who shall issue an appropriate card identifying such contribution as a friend, patron and supporter of the national guard.

History (2)

Acts 1957, ch. 320, § 77
T.C.A., § 7-152.

§ 58-1-236. Burial flag for family of deceased member of national guard.

(a) The adjutant general shall present to the family of each eligible, deceased member of the national guard a Tennessee state flag, appropriate for use as a burial flag, upon application of a member of the family of the deceased guard member.
(b) The adjutant general shall prepare an application form to be used to determine the eligibility of the deceased for the burial flag and shall furnish the form to the senior full-time employee in each armory.
(c) The family of any individual who serves at least one (1) year in the national guard and who at the time of death is an active, honorably discharged, or retired member of the national guard is eligible to receive a burial flag.
(d) The adjutant general may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules to implement this section.
(e) The adjutant general shall obtain flags from the federal government when available. If flags from the federal government are not available, the adjutant general shall purchase the flags from funds appropriated to the military department.

History (1)

Acts 2017, ch. 430, § 1.

Part 3 Militia

§ 58-1-301. Call to active service — Enrollment of militia.

The governor, with the advice and consent of the general assembly, and pursuant to the laws of the United States, shall call the militia, or any portion thereof, into active service at any time that public safety requires it; provided, that the governor is authorized to have enrollment made of all persons of this state subject to military duty or draft into the military service, and is directed, at such time as the necessity seems imminent, to cause each county assessor to make such enrollment of the assessor's respective county, stating the name, address, age, and previous military or naval experience of all persons so enrolled, if any, and to furnish copies of such enrollment to the respective county clerk, and the adjutant general. Each county shall furnish all blank forms and bear all expenses necessary to enrollment of its citizens. The governor shall have the power, in the governor's discretion, to appoint an enrolling board of three (3) members in each county to act in lieu of the county assessor, which board shall make such enrollments as directed at the time by the governor. The governor shall have the power, and is directed, to issue, at the proper time, regulations in detail governing the entry or draft of enrolled citizens into the military service, and their assignments to units.

History (4)

Acts 1933, ch. 128, § 25
C. Supp. 1950, § 1003.26 (Williams, § 845.25)
impl. am. Acts 1978, ch. 934, §§ 22, 36
T.C.A. (orig. ed.), § 7-202.

§ 58-1-302. Failure to appear for service.

Any person subject to call into active military service of this state who fails to appear at the time and under conditions designated by the governor for entry or draft into active service shall be considered as a deserter and treated accordingly.

History (3)

Acts 1933, ch. 128, § 27
C. Supp. 1950, § 1003.28 (Williams, § 845.27)
T.C.A. (orig. ed.), § 7-203.

§ 58-1-303. Election and appointment of officers.

All officers of the militia exercising command of line units shall be elected by ballot, and the governor, immediately upon calling the militia to active duty, shall issue appropriate rules and regulations for such elections, and appoint such number of staff officers in proper grades as may be required by the militia; provided, that persons eligible for commissions in the militia shall be the same as provided for the national guard.

History (4)

Acts 1933, ch. 128, § 28
1937, ch. 249, § 6
C. Supp. 1950, § 1003.29 (Williams, § 845.28)
T.C.A. (orig. ed.), § 7-204.

§ 58-1-304. Uniform of militia.

The governor is authorized and directed, at the proper time, to issue the necessary regulations governing the uniform of the militia of this state; provided, that such uniform must comply with the laws of the United States.

History (3)

Acts 1933, ch. 128, § 26
C. Supp. 1950, § 1003.27 (Williams, § 845.26)
T.C.A. (orig. ed.), § 7-205.

§ 58-1-305. Transfer of militia to national guard.

The governor, with the advice and consent of the general assembly, and in accordance with the orders of the president, may, after issuing call of the militia into active service, transfer the entire militia, or any portion thereof, to the national guard and treat it under the National Defense Act.

History (3)

Acts 1933, ch. 128, § 29
C. Supp. 1950, § 1003.30 (Williams, § 845.29)
T.C.A. (orig. ed.), § 7-206.

§ 58-1-306. Disbanding of militia.

The governor, having called forth the militia into active service, is authorized to disband it, in whole or in part, as public interest and safety require, unless otherwise required by the government of the United States.

History (3)

Acts 1933, ch. 128, § 30
C. Supp. 1950, § 1003.31 (Williams, § 845.30)
T.C.A. (orig. ed.), § 7-207.

Part 4 Defense Force

§ 58-1-401. Governor authorized to enlist state guard.

Whenever the president of the United States shall call any part of the national guard of this state into active federal service, the governor is authorized to enlist, organize, maintain, equip and discipline a volunteer defense force, other than the national guard, to be known as the Tennessee state guard.

History (4)

Acts 1970, ch. 596, § 45
T.C.A., § 7-401
Acts 1985, ch. 36, § 1
1998, ch. 584, § 5.

§ 58-1-402. Membership of state guard — Distinct from national guard — Service outside state or relating to elections — Limitation on consecutive years of advisory service.

The state guard shall be composed of such individuals between sixteen (16) and seventy-five (75) years of age as shall volunteer for service therein. The state guard shall be in addition to and distinct from the national guard organized under existing law. The organization shall not be required to serve outside the boundaries of this state and shall not be used to supervise, hold, guard or investigate any election or primary election held in this state. Provisionally, United States military and Tennessee state guard prior service applicants, Tennessee state guard active duty personnel and Tennessee state guard retirees shall not exceed five (5) consecutive years of advisory service.

History (5)

Acts 1970, ch. 596, § 46
T.C.A., § 7-402
Acts 1985, ch. 36, §§ 2, 3
1998, ch. 584, § 6
1999, ch. 17, § 1.

§ 58-1-403. — 58-1-404 [Reserved]

§ 58-1-405. Powers of governor in supervision of guard.

The governor is authorized to appoint and commission necessary officers for the state guard; to prescribe rules and regulations governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of the state guard; to obtain by grant, requisition, or purchase such necessary arms and equipment as may be secured from the department of defense, or procure from other sources, the necessary arms and equipment to maintain and equip the state guard; to make available to the state guard the facilities of the state armories and their equipment and such other state premises or property as may be available for the purpose of drill, housing and instruction; to rent, if necessary, such additional property as may be required for drilling, housing and instruction.

History (4)

Acts 1970, ch. 596, § 49
T.C.A., § 7-405
Acts 1985, ch. 36, §§ 4, 5
1998, ch. 584, § 7.

§ 58-1-406. Liability to federal military service not affected.

No person shall solely by reason of enlistment or commission in any state forces be exempt from military service under the law of the United States.

History (2)

Acts 1970, ch. 596, § 50
T.C.A., § 7-406.

§ 58-1-407. Oath of members.

Each and every member joining the state guard shall, in addition to the oath required by law to be taken by officers, take and subscribe to the following oath: “I do solemnly swear that I will well and faithfully perform my duties as a member of the Tennessee state guard to the best of my ability, and I do solemnly swear that I will bear true faith and allegiance to the state of Tennessee and that I will serve the state of Tennessee honestly and faithfully against all enemies, whomsoever, and that I will obey the orders of the governor and the officers placed over me, according to law.”

History (4)

Acts 1970, ch. 596, § 51
T.C.A., § 7-407
Acts 1985, ch. 36, § 6
1998, ch. 584, § 8.

§ 58-1-408. Organization, composition and strength.

The governor may organize, activate, increase, change, divide, consolidate, disband, reactivate or reorganize any unit, headquarters, staff or cadre of the state guard, and may prescribe the composition and types of units, the type of organization and the system of drill or instruction to be used in training such units; and for such purposes the governor is authorized to fix, increase or decrease the strength of any unit, headquarters, staff or cadre of the state guard, including the number of commissioned officers, warrant officers, noncommissioned officers and other enlisted personnel of any grade in any such unit, headquarters, staff or cadre, and to alter the grades of officers, warrant officers and noncommissioned officers.

History (4)

Acts 1970, ch. 596, § 52
T.C.A., § 7-408
Acts 1985, ch. 36, § 7
1998, ch. 584, § 9.

§ 58-1-409. Duties, privileges and immunities.

All duties imposed by the military law or other statutes of the state or by regulations issued hereunder, upon units, commissioned officers, warrant officers, and enlisted personnel respectively of the national guard are hereby imposed upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard, and all rights, privileges and immunities conferred by the military law or other statutes of the state or by regulations issued hereunder, upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the national guard are hereby conferred upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard as otherwise prescribed in parts 1, 2 and 4-6 of this chapter.

History (4)

Acts 1970, ch. 596, § 53
T.C.A., § 7-409
Acts 1985, ch. 36, § 8
1998, ch. 584, § 10.

§ 58-1-410. Reserve organization.

During such time as the state guard is not activated, the adjutant general is authorized and empowered, on the approval of the governor, to set up and maintain a reserve organization of the state guard upon a voluntary basis under such system as to the adjutant general may seem most feasible in order to provide means for the creation of an armed force in case the national guard of the state be again called into federal service.

History (4)

Acts 1970, ch. 596, § 54
T.C.A., § 7-410
Acts 1985, ch. 36, § 9
1998, ch. 584, § 11.

§ 58-1-411. Compensation.

Members of the state guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to § 58-1-106, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the rate of pay and allowances as prescribed by the adjutant general.

Backlinks (2)

History (2)

Acts 1985, ch. 36, § 11
1998, ch. 584, § 12.

§ 58-1-412. Governor's authority and power to call members of the state guard to active state duty with the member's consent.

The governor is authorized and empowered to call members of the state guard to active state duty with the member's consent, for the performance of any official duty in connection with state guard activities. Inactive reserve status may include voluntary unpaid state service for assistance to local authorities during times of disaster, or other times of crisis, when requested from and approved by the adjutant general by city, county or metropolitan local authorities.

History (1)

Acts 2013, ch. 364, § 1.

Part 5 Military Property — Armories

§ 58-1-501. Authority to acquire lands.

The governor is authorized and empowered on behalf of the state to acquire by lease, purchase and condemnation under the laws of eminent domain, such land as the governor in times of emergency may deem necessary to provide adequate facilities for the protection and defense of the state and the nation.

Backlinks (4)

History (3)

Acts 1941, ch. 2, § 1
mod. C. Supp. 1950, § 186.3
T.C.A. (orig. ed.), § 7-507.

§ 58-1-502. Proclamation of emergency.

It shall be the duty of the governor to announce publicly by proclamation filed with the secretary of state the emergency necessitating the acquisition of such land before exercising the authority vested in the governor by § 58-1-501.

History (3)

Acts 1941, ch. 2, § 2
C. Supp. 1950, § 186.4
T.C.A. (orig. ed.), § 7-508.

§ 58-1-503. Payment for lands.

The lands so acquired in accordance with §§ 58-1-501 — 58-1-505 will be paid for out of the funds of the state not otherwise appropriated.

History (3)

Acts 1941, ch. 2, § 4
C. Supp. 1950, § 186.6
T.C.A. (orig. ed.), § 7-509.

§ 58-1-504. Condemnation of land.

If it is necessary to institute condemnation proceedings to acquire lands authorized to be acquired by § 58-1-501, such proceedings shall be instituted in the name of the state of Tennessee against the property owner or owners, and the property shall be condemned under the general statutes providing for condemnation of lands for public purposes and containing the law of eminent domain.

Backlinks (1)

58-1-505

History (3)

Acts 1941, ch. 2, § 3
C. Supp. 1950, § 186.5
T.C.A. (orig. ed.), § 7-510.

§ 58-1-505. Lease to United States.

The governor is authorized and empowered to lease lands acquired in accordance with §§ 58-1-501 — 58-1-504, to the United States government when such action is deemed by the governor to be advantageous to the defense of the state and the nation. A lease of such land executed by the governor in the name of the state of Tennessee will be adequate to vest in the United States government such leasehold rights as shall therein be set out.

Backlinks (1)

58-1-503

History (3)

Acts 1941, ch. 2, § 5
mod. C. Supp. 1950, § 186.7
T.C.A. (orig. ed.), § 7-511.

§ 58-1-506. Acquisition, disposal and administration of real property by adjutant general — Authority to enter into cooperative agreements.

The adjutant general, under the direction and supervision of the governor, shall administer all real property under the jurisdiction of the military department:
1. (1) When it is deemed desirable to acquire additional real property or any interest therein for the activities of the military department and such property shall be acquired by the adjutant general when so authorized by the general law for other state departments and agencies;
2. (2) When it is deemed desirable to dispose of any real property or any interest therein under the jurisdiction of the military department, the adjutant general shall execute the conveyance on behalf of the state, but the conveyance shall be approved by such other officials as may be required by law to approve conveyances of the state's real property; provided, that in no event shall real property under the jurisdiction of the military department be disposed of without the approval of the governor, and such real property shall be disposed of in the way and manner and in accordance with such procedures as provided by the general law as to the disposition of other real property belonging to the state;
3. (3) The adjutant general, with the approval of the governor, may enter into cooperative agreements with the federal government and its local governmental subdivisions or agencies in connection with all phases of the activities of the military department including the joint use and occupancy of buildings and grounds including, but not limited to, aviation or airport facilities. Such agreements and contracts including, but not limited to, licenses and leases which have heretofore been entered into by the adjutant general and/or the governor are hereby authorized and validated.

History (2)

Acts 1970, ch. 596, § 85
T.C.A., § 7-513.

§ 58-1-507. “Armory” defined.

“Armory,” whenever used in §§ 58-1-507 — 58-1-512, includes any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training and housing of the national guard.

Backlinks (5)

History (2)

Acts 1970, ch. 596, § 78
T.C.A., § 7-514.

§ 58-1-508. Plans for armories — Acceptance and use of funds.

(a) When funds are made available, the adjutant general, with the approval of the state building commission and in accordance with the policies and procedures of the commission, is vested with the power, jurisdiction and authority to employ architects, contractors and other employees and to cause proper plans and specifications to be prepared or drafted for armories and facilities and their equipment and furnishings. The adjutant general, with the approval of the governor, is further empowered to accept any aid, financial or otherwise, from any municipality and/or county of this state, as well as federal, in carrying out the purpose of §§ 58-1-507 — 58-1-512 and constructing such armories and facilities.
(b) Funds made available to the adjutant general for the adjutant general's use in carrying out the purposes and objects mentioned in §§ 58-1-507 — 58-1-512 shall be expended therefor, as when and where directed by the adjutant general, with the approval of the governor.

History (4)

Acts 1970, ch. 596, § 80
1971, ch. 99, § 2
T.C.A., § 7-516
Acts 1990, ch. 734, § 1.

§ 58-1-509. Location of armories throughout state — Acceptance of money or sites from municipalities or counties authorized.

(a) The adjutant general, with the approval of the governor, shall have the right to provide armories throughout the state to be located at most advantageous points in the discretion of the adjutant general, with the approval of the governor, and the adjutant general, with approval of the governor, may accept from any municipality or county donations, either of money or of sites or both for such armory, to be used in the construction thereof. The location of the armory, plans, specifications and costs thereof shall in all instances be approved in advance by the adjutant general, with the approval of the governor, and in writing; and any available funds appropriated or allocated under the law for the purpose of such construction shall be used by the adjutant general, with approval of the governor, for that purpose.
(b) The adjutant general, with the approval of the governor, shall also have the right to provide armories, both within and without the corporate limits of the cities and towns, and municipalities are authorized to procure real property outside their corporate limits as sites for such armories, and to expend their tax revenues and other funds for such purposes. The municipalities and counties are further authorized to contribute to and participate in the construction costs of such armories and are authorized to expend their tax revenues and other funds for such purposes.

History (3)

Acts 1970, ch. 596, § 81
1971, ch. 99, § 3
T.C.A., § 7-517.

§ 58-1-510. Appropriations of money or property by counties or municipal corporations for defense.

The governing authorities of the counties and municipal corporations of the state are authorized to make appropriations from the funds of such counties and municipal corporations, and are authorized to lease, lend, sell or donate property, both real and personal, of such counties and municipal corporations, to the state of Tennessee and the federal government for purposes of local, state and national defense and for the use of the national guard.

History (2)

Acts 1970, ch. 596, § 82
T.C.A., § 7-518.

§ 58-1-511. Title to armories.

The title to all armories procured under §§ 58-1-507 — 58-1-512 shall be taken in the name of the state.

History (2)

Acts 1970, ch. 596, § 83
T.C.A., § 7-519.

§ 58-1-512. Adjutant general in charge of armories — Rental income.

(a) All armories, arsenals, camps, ranges, bases and other facilities owned, leased or maintained by the state or by the United States for the use of the national guard and all activities conducted therein shall be under the general charge and control and shall be regulated by the adjutant general.
(b) When only one (1) unit occupies any of the facilities hereinabove set forth, the commander of that unit shall have direct charge and control thereof and shall be known and designated as station commander.
(c) Where two (2) or more units are stationed in any such facility, the adjutant general shall designate the officer to have direct charge and control thereof, and such officer shall likewise be known as the station commander.
(d) The station commander shall apportion the quarters and facilities therein to be occupied by each unit and shall regulate the use and be responsible for the care thereof.
(e) All income derived from the use of armories shall be retained by the station commander and shall be deposited in a “station commander's upkeep and maintenance fund” and shall be used, under regulations promulgated by the adjutant general, for maintenance, repair, upkeep, alteration, equipment, modification or improvement of the armory, facilities or area adjacent thereto.

Backlinks (4)

History (2)

Acts 1970, ch. 596, § 84
T.C.A., § 7-520.

§ 58-1-513. Purchase and issue of property — Disposal of surplus and obsolete property.

(a) Under the direction of the governor, the adjutant general shall authorize the purchase of such property as may be required for the use of the military department, all such purchases to be made through the state purchasing director.
(b) No property shall be issued to persons or organizations other than those belonging to the national guard and such forces as may be organized pursuant to parts 1, 2 and 4-6 of this chapter. Obsolete and/or surplus military property of the state, however, may be issued or sold by the adjutant general, with the approval of the governor, to municipalities and to educational, patriotic and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.

History (2)

Acts 1970, ch. 596, § 23
T.C.A., § 7-521.

§ 58-1-514. Federal property — Care and custody.

Federal property, issued to the Tennessee national guard, shall not be used for any purpose other than that for which such was issued, and shall not be loaned for any other activity, either state, civilian, or federal, except to the extent authorized by appropriate regulations. All such property shall be deposited in the armories, headquarters, warehouses, arsenals, or other facilities provided for the purpose and shall not be removed therefrom except for service under proper authority and orders.

History (2)

Acts 1970, ch. 596, § 24
T.C.A., § 7-522.

§ 58-1-515. Responsibility for military property and funds — Collection from member or employee — Action by attorney general.

(a) Military property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed and disposed of as provided in applicable laws and regulations issued thereunder and regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.
(b) When state-owned military property is lost, damaged or destroyed through the negligence or fault of a member or employee of the national guard, the amount determined as the value of such property or the cost of repairing the same may be collected from any pay or allowance due or to become due to the member or employee of the national guard from the state, in addition to the remedies herein prescribed.
(c) An action may be maintained in the name of the state in any court having jurisdiction thereof by the attorney general and reporter, upon the request of the adjutant general, to recover, from a member or former member of the national guard found responsible for any state or federal military property lost, damaged or destroyed through negligence or fault, the amount determined as the value of such property or the cost of repairing the same.

History (2)

Acts 1970, ch. 596, § 27
T.C.A., § 7-523.

Part 6 Armed Forces — Penal Provisions

§ 58-1-601. Rights-of-way — Highways — Exceptions.

Troops of the United States or of the Tennessee national guard parading or performing any duty according to law shall have the right-of-way on any street or highway over which they may pass, except that the carriage of the United States mail, legitimate functions of police departments, and the operations of fire departments shall not be interfered with thereby.

History (3)

Acts 1970, ch. 596, §§ 87, 88
T.C.A., § 7-301
Acts 2013, ch. 308, § 17.

§ 58-1-602. [Reserved]

§ 58-1-603. Unlawful traffic in military property.

Any person who shall purchase, receive in pledge, retain, or possess any article of arms, clothing, equipment, supply or other thing furnished and intended for the military service, unless lawfully issued to such person, is guilty of theft and punishable accordingly.

History (3)

Acts 1970, ch. 596, § 25
T.C.A., § 7-303
Acts 1989, ch. 591, § 66.

§ 58-1-604. Discrimination against members of the national guard.

It is a Class E felony for any person, firm or corporation to refuse employment to any person for the sole reason that the person is a member of the Tennessee national guard or to terminate the employment of any such person for such reason or because of absence from place of employment while attending any prescribed drill, including annual field training.

History (3)

Acts 1970, ch. 596, § 99
T.C.A., § 7-304
Acts 1989, ch. 591, § 67.

§ 58-1-605. Commissioned officers' power to take oaths and acknowledgments.

In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise provided by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed in connection with any pleading or other instrument to be filed or used in any court in this state, before or by any commissioned officer in active service of the armed forces of the United States, with the rank of second lieutenant or higher, in the army or marine corps, or with the rank of ensign or higher, in the navy or coast guard, or with the equivalent rank in any other component part of the armed forces of the United States, by any person who is a member of the armed forces of the United States or the spouse of such member of the armed forces accompanying a spouse in such service.

Backlinks (2)

History (8)

Code 1858, § 2070 (deriv. Acts 1847-1848, ch. 82, § 1)
Shan., § 3747
Code 1932, § 7662
Acts 1945, ch. 5, § 2
1945, ch. 65, § 1
C. Supp. 1950, §§ 1012.30, 7662 (Williams, §§ 1012.33, 7662)
modified
T.C.A. (orig. ed.), § 7-305.

§ 58-1-606. Validity of notarial acts of officers.

Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts as aforementioned, heretofore or hereafter made or taken, are declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to, shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act as aforementioned, had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.

History (3)

Acts 1945, ch. 5, § 3
C. Supp. 1950, § 1012.30 (Williams, § 1012.33)
T.C.A. (orig. ed.), § 7-306.

§ 58-1-607. Officer's certificate of notarial act.

(a) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as such person's act, or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
(b) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appear upon such instrument or document, or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of §§ 58-1-605 — 58-1-607.

Backlinks (2)

History (3)

Acts 1945, ch. 5, § 4
C. Supp. 1950, § 1012.30 (Williams, § 1012.33)
T.C.A. (orig. ed.), § 7-307.

§ 58-1-608 — 58-1-610. [Reserved]

§ 58-1-611. Fraudulent enlistment, appointment or separation.

Any person who:
1. (1) Enlists or procures appointment in the national guard by means of knowingly false representations or deliberate concealment as to the person's qualifications for such enlistment or appointment and receives pay or allowances thereunder; or
2. (2) Separates from the national guard by means of knowingly false representations or deliberate concealment as to the person's eligibility for such separation;
3. is guilty of a Class C misdemeanor.

Backlinks (6)

History (3)

Acts 1970, ch. 596, § 55
T.C.A., § 7-311
Acts 1989, ch. 591, § 113.

§ 58-1-612. Assistance with unlawful enlistment, appointment or separation.

Any person who effects an enlistment or appointment in or a separation from the national guard of any person who is known to such person to be ineligible for such enlistment, appointment, or separation because it is prohibited by law, regulation, or order is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 56
T.C.A., § 7-312
Acts 1989, ch. 591, § 113.

§ 58-1-613. Absence without leave.

Any person of the Tennessee national guard who, without proper authority:
1. (1) Fails to go to the appointed place of duty at the time prescribed;
2. (2) Goes from that place; or
3. (3) Absents self or remains absent from the unit, organization, or other place of duty at which the guard member is required to be at the time prescribed;
4. is guilty of a Class B misdemeanor.

History (4)

Acts 1970, ch. 596, § 57
T.C.A., § 7-313
Acts 1989, ch. 591, § 113
2008, ch. 716, § 1.

§ 58-1-614. Missing movement.

Any member of the national guard, who through neglect or design, misses the movement of a ship, aircraft, units or other conveyances which movement is required as part of that member's duty is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 58
T.C.A., § 7-314
Acts 1989, ch. 591, § 113.

§ 58-1-615. Disrespect toward superior commissioned officer.

Any member of the national guard who behaves with disrespect toward the guard member's superior commissioned officer is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 59
T.C.A., § 7-315
Acts 1989, ch. 591, § 113.

§ 58-1-616. Assaulting or willfully disobeying superior commissioned officer.

Any member of the national guard who:
1. (1) Strikes the guard member's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while in the execution of the officer's duty; or
2. (2) Willfully disobeys a lawful command of the guard member's superior commissioned officer;
3. is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 60
T.C.A., § 7-316
Acts 1989, ch. 591, § 113.

§ 58-1-617. Insubordinate conduct toward warrant officer or noncommissioned officer.

Any enlisted member of the national guard who:
1. (1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's duty;
2. (2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
3. (3) Treats with contempt, or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of office;
4. is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 61
T.C.A., § 7-317
Acts 1989, ch. 591, § 113.

§ 58-1-618. Failure to obey order or regulation.

Any member of the national guard who:
1. (1) Violates or fails to obey any lawful general order or regulation;
2. (2) Having knowledge of any other lawful order issued by a member of the Tennessee national guard, which it is the guard member's duty to obey, fails to obey the order; or
3. (3) Is derelict in the performance of duties;
4. is guilty of a Class B misdemeanor.

History (3)

Acts 1970, ch. 596, § 62
T.C.A., § 7-318
Acts 1989, ch. 591, § 112.

§ 58-1-619. Cruelty and maltreatment.

Any member of the national guard who is guilty of cruelty or oppression toward or maltreatment of, any person subject to the guard member's orders, is guilty of a Class B misdemeanor.

History (3)

Acts 1970, ch. 596, § 63
T.C.A., § 7-319
Acts 1989, ch. 591, § 112.

§ 58-1-620. Mutiny or sedition.

(a) Any member of the national guard who:
1. (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise to do such guard member's duty or creates any violence or disturbance is guilty of mutiny;
2. (2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbances against that authority is guilty of sedition;
3. (3) Fails to do the utmost to prevent and suppress a mutiny or sedition being committed in the guard member's presence, or fails to take all reasonable means to inform the superior commissioned officer or the commanding officer of a mutiny or sedition which the guard member knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) Any member of the national guard who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition is guilty of a Class C felony.

History (2)

Acts 1970, ch. 596, § 64, T.C.A., § 7-320
Acts 1989, ch. 591, § 68.

§ 58-1-621. Misbehavior on active duty.

Any member of the national guard who, while on active state duty:
1. (1) Runs away;
2. (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the guard member's duty to defend;
3. (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property;
4. (4) Casts away arms or ammunition;
5. (5) Is guilty of cowardly conduct;
6. (6) Quits the guard member's place of duty to plunder or pillage; or
7. (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the national guard;
8. is guilty of a Class E felony.

History (2)

Acts 1970, ch. 596, § 65, T.C.A., § 7-321
Acts 1989, ch. 591, § 69.

§ 58-1-622. False official statements.

Any person subject to §§ 58-1-611 — 58-1-634 as provided in § 58-1-632 who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false, is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 66
T.C.A., § 7-322
Acts 1989, ch. 591, § 113.

§ 58-1-623. Military property — Loss, damage, destruction or wrongful disposition.

Any person subject to §§ 58-1-611 — 58-1-634 as provided in § 58-1-632 who, without proper authority:
1. (1) Sells or otherwise disposes of;
2. (2) Willfully or through gross neglect damages, destroys, or loses; or
3. (3) Willfully or through gross neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of, any military property of the United States or of the state;
4. is guilty of a felony and punishable as in the case of theft.

History (3)

Acts 1970, ch. 596, § 67
T.C.A., § 7-323
Acts 1989, ch. 591, § 70.

§ 58-1-624. Property other than military property — Waste, spoilage, or destruction.

Any person subject to §§ 58-1-611 — 58-1-634 as provided in § 58-1-632 who, while on active state duty or in a duty status other than active state duty, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state, is guilty of a Class E felony.

History (3)

Acts 1970, ch. 596, § 68
T.C.A., § 7-324
Acts 1989, ch. 591, § 71.

§ 58-1-625. Drunken or reckless driving.

Any member of the national guard who operates any vehicle while drunk, or in a reckless or wanton manner is guilty of a misdemeanor.

History (2)

Acts 1970, ch. 596, § 69
T.C.A., § 7-325.

§ 58-1-626. Drunk on duty.

Any member of the national guard who is found drunk on duty is guilty of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 70
T.C.A., § 7-326
Acts 1989, ch. 591, § 113.

§ 58-1-627. Misbehavior of a sentinel.

Any sentinel or lookout who is found drunk or sleeping upon the sentinel's or lookout's post, or who leaves it before regularly relieved, is guilty, if the offense is committed while the national guard is in active state service in the time of emergency, of a Class E felony; otherwise of a Class C misdemeanor.

History (3)

Acts 1970, ch. 596, § 71
T.C.A., § 7-327
Acts 1989, ch. 591, §§ 72, 113.

§ 58-1-628. Malingering.

Any member of the national guard who for the purpose of avoiding work, duty or service:
1. (1) Feigns illness, physical disablement, mental lapse or derangement; or
2. (2) Intentionally inflicts self-injury;
3. is guilty of a Class E felony.

History (3)

Acts 1970, ch. 596, § 72
T.C.A., § 7-328
Acts 1989, ch. 591, § 73.

§ 58-1-629. Riot or breach of the peace.

Any member of the national guard who causes or participates in any riot or breach of the peace is guilty of a Class B misdemeanor.

History (3)

Acts 1970, ch. 596, § 73
T.C.A., § 7-329
Acts 1989, ch. 591, § 112.

§ 58-1-630. Frauds against the government.

Any member of the national guard who:
1. (1) Knowing it to be false or fraudulent:
  1. (A) Makes any claim against the state or any officer thereof; or
  2. (B) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the state or any officer thereof;
2. (2) For the purpose of obtaining the approval, allowance, or payment of any claim against the state or any officer thereof:
  1. (A) Makes or uses any writing or other paper knowing the same to contain any false or fraudulent statement;
  2. (B) Makes any oath to any fact or to any writing or other paper knowing such oath to be false; or
  3. (C) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing the same to be forged or counterfeited;
3. (3) Having charge, possession, custody or control of any money or other property of the state, furnished or intended for the national guard or any force thereof, knowingly delivers to any person having authority to receive the same, any amount thereof less than that for which the person receives a certificate of receipt; or
4. (4) Being authorized to make or deliver any paper certifying the receipt of any property of the state, furnished or intended for the national guard or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the state;
5. is guilty of a Class E felony.

History (3)

Acts 1970, ch. 596, § 74
T.C.A., § 7-330
Acts 1989, ch. 591, § 74.

§ 58-1-631. Penalties.

All violations of parts 1, 2 and 4-6 of this chapter including, but not limited to, §§ 58-1-611 — 58-1-633, are punishable under § 40-35-111.

History (2)

Acts 1970, ch. 596, § 75
T.C.A., § 7-331.

§ 58-1-632. Application and effect of §§ 58-1-611 — 58-1-633.

Sections 58-1-611 — 58-1-633 are applicable to members of the national guard while they are in a drill or duty status. The enumeration of crimes and offenses herein is declared to be cumulative to other criminal and penal statutes of the state, it being the intent of the general assembly that §§ 58-1-611 — 58-1-633 are designed solely to create certain specified offenses peculiar to the military and necessary to the discipline, training, proper functioning and the orderly government of the national guard.

Backlinks (4)

History (2)

Acts 1970, ch. 596, § 76
T.C.A., § 7-332.

§ 58-1-633. Enlisted personnel — Explanation of penal laws.

Sections 58-1-611 — 58-1-633 shall be carefully explained to each enlisted member at the time of enlistment and annually thereafter.

Backlinks (3)

History (2)

Acts 1970, ch. 596, § 77
T.C.A., § 7-333.

§ 58-1-634. Unauthorized sale or disposition of military property or equipment — Penalty.

(a) Any person who shall sell, or offer for sale, barter or exchange, pledge, lend or give away, secrete, or retain after demand made by the civil or military officers of the state of Tennessee any clothing, arms, military outfits or accoutrements, or any other military property or equipment furnished by or through the state of Tennessee or the United States to any member of the military forces of the state of Tennessee, or who shall receive by purchase, barter, exchange, pledge, loan or gift, any such military property or equipment of the state of Tennessee or the United States, is guilty of a Class C misdemeanor.
(b) Any person in the military forces of the state of Tennessee, to whom shall have been entrusted any military property or equipment by reason of being in such military service, shall account for the same to the proper military authority in accordance with the rules, regulations or special orders made by superior authorities in reference to the same, and such military property shall not be removed beyond the boundaries of the state of Tennessee unless required by the performance of the individual's military duties. Any person, whether in the military service or not, or whether enlistment or appointment shall have expired or not, who shall fail to account for or return to the proper military authorities any property which shall have come into such person's possession and to which the state of Tennessee or the United States may be entitled, or who shall conceal or convert the same to such person's own use, is guilty of a misdemeanor; provided further, that if such person leaves the state, after having failed to account for or return to the proper military authorities such property, such person is guilty of a felony and shall be punished as in the case of theft.
(c) Any prosecution had under this section may be abated, in the discretion of the district attorney general, if, prior to arraignment, full satisfaction is made for the property involved to the proper military authorities of the state or the United States and the payment of all court costs accruing by reason of the institution of any such prosecution has been made.
(d) This section is to be given general application and shall not be limited in its application by § 58-1-632, but is not to be construed in any way to amend or modify any prevailing laws regarding military property as heretofore and hereafter amended.

Backlinks (3)

History (4)

Acts 1970, ch. 596, § 67
1978, ch. 612, § 1
T.C.A., § 7-334
Acts 1989, ch. 591, §§ 75, 113.

Part 7 Military Family Assistance Trust Fund

§ 58-1-701. Creation of fund.

There is created within the general fund a special account to be known as the “military family assistance trust fund.”

History (1)

Acts 2006, ch. 914, § 1.

§ 58-1-702. Investment of moneys in fund.

Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603.

History (1)

Acts 2006, ch. 914, § 1.

§ 58-1-703. Separate revolving fund — Interest and earnings — Reversion of fund balance at end of fiscal year.

(a) The military family assistance trust fund is created as a separate revolving fund. The trust fund shall consist of grants, contributions, appropriations, or other moneys made available for the purpose of the trust fund.
(b) All interest and earnings of the fund shall remain a part of the fund.
(c) No part of the fund shall revert to the general fund at the end of the fiscal year, but shall remain a part of the revolving fund available for expenditure in accordance with this part.

History (1)

Acts 2006, ch. 914, § 1.

§ 58-1-704. Trust fund board.

(a) The military family assistance trust fund board is created for the purpose of administering the trust fund created pursuant to this part. The board shall be attached to the department of military affairs for administrative purposes. The board shall be composed of six (6) members as follows:
1. (1) Three (3) members, who are experts in military family matters, who shall be appointed by the governor;
2. (2) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the senate;
3. (3) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the house of representatives; and
4. (4) The adjutant general, who shall serve as a nonvoting member.
(b) The adjutant general, or a majority of the board members, shall arrange for the first board meeting as soon as practicable after all board members are appointed.
(c) Appointed board members shall serve without compensation, but may receive reimbursement for their actual and necessary travel expenses incurred in the performance of their duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The term of each appointed member shall be four (4) years.
(e) An appointed member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four-year terms and shall not be reappointed for four (4) years after the completion of those terms.
(f) A majority of the full membership of the board shall constitute a quorum.
(g) At its first meeting, the board shall elect, by majority vote, a chair, who shall preside at all meetings and coordinate the functions and activities of the board. The chair shall be elected or reelected each calendar year thereafter.
(h) The adjutant general shall not serve as the chair of the board.
(i) The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the chair or by request of a majority of the board members.

History (1)

Acts 2006, ch. 914, § 1.

§ 58-1-705. Use of trust fund moneys.

(a) During active duty of a regular member of the United States armed forces deployed outside the United States who names Tennessee as home of record for military purposes, or any federal active duty member of a state national guard or a reserve component who names Tennessee as home of record for military purposes, and for ninety (90) days following the end of deployment outside the United States or deactivation, as appropriate, trust fund moneys shall be used to support:
1. (1) The person who names Tennessee home of record for military purposes;
2. (2) The person's Tennessee resident spouse; and
3. (3) The person's dependent or dependents.
(b) An application for a trust fund grant may be filed by the member who names Tennessee as home of record for military purposes, the member's Tennessee resident spouse, or the member's children's parent or guardian. The application shall be accompanied by an appropriate authorization to access personnel information contained in the military database defense enrollment reporting system for verification purposes.
(c) Subject to the availability of trust fund moneys, the adjutant general shall award a grant to an applicant, if that person's application is need-based, and the amount of the grant does not exceed the dollar cap established by the board through the promulgation of rules and regulations. An application shall be need-based, if:
1. (1) Funds are requested for necessary expenses incurred, or to be incurred. Necessary expenses shall include, but not be limited to:
  1. (A) Housing;
  2. (B) Utilities;
  3. (C) Groceries;
  4. (D) Health insurance copays; and
  5. (E) Child care;
2. (2) The necessary expenses created, or will create, an undue hardship on a person referred to in subsection (a);
3. (3) The undue hardship is directly related to the member's deployment outside the United States or federal active duty, as appropriate;
4. (4) The applicant does not have reasonable access to any other funding source, whether public or private; and
5. (5) The military family assistance trust fund is the last resort for the applicant.
(d)
1. (1) The adjutant general shall award or decline to award a grant within sixty (60) days of receiving an application.
2. (2) If the adjutant general awards or declines to award a grant, the adjutant general shall state in writing the reason for the decision and keep the writing on file.
3. (3) If the adjutant general declines to award a grant, the adjutant general shall provide the applicant with a copy of the writing required by subdivision (d)(2). In addition, if the adjutant general declines to award a grant due to the lack of availability of public or private funds, the adjutant general shall identify sources of available funds for the applicant and provide assistance with regard to seeking funds from that source.
4. (4) If the adjutant general declines to award a grant, an applicant may file a written request to the military family assistance trust fund board asking that the entire board review the application.

History (1)

Acts 2006, ch. 914, § 1.

§ 58-1-706. Report.

Each year between August 15 and September 1, the military family assistance trust fund board shall provide a written report to the governor, the speaker of the senate and the speaker of the house of representatives. The written report shall provide:
1. (1) The board's activities during the previous fiscal year;
2. (2) What moneys were spent out of the military family assistance trust fund and the purposes for which the moneys were spent;
3. (3) The amount of money left in the fund; and
4. (4) Any recommendations for future initiatives with regard to the trust fund and its administration.

History (1)

Acts 2006, ch. 914, § 1.

Chapter 2 Disasters, Emergencies and Civil Defense

Part 1 General Emergency Provisions

§ 58-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Agency” means the Tennessee emergency management agency (TEMA);
2. (2) “Broadcaster” means a radio broadcasting station or a television broadcasting station primarily engaged in the business of facilitating or originating speech, pictures or both through over the air communications, both as to pure speech and commercial speech and for all purposes operating under licenses provided by the federal communications commission and which station has been selected by the federal emergency management agency as a primary entry point;
3. (3) “CLEO” means the chief local elected official;
4. (4) “Compacts” means the emergency management compacts included in parts 4 and 7 of this chapter;
5. (5) “Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. “Disaster” is identifiable by the severity of resulting damage, as follows:
  1. (A) “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military involvement;
  2. (B) “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and
  3. (C) “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance;
6. (6) “EMA” means a local emergency management agency of a political subdivision;
7. (7) “Emergency” means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics;
8. (8) “Emergency management” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:
  1. (A) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action;
  2. (B) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies;
  3. (C) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency;
  4. (D) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies;
  5. (E) Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and
  6. (F) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use;
9. (9) “Emergency management preparedness and assistance trust fund” means a trust fund to be administered solely by TEMA. All funds collected by the state and placed in this trust fund shall be designated for emergency management purposes only;
10. (10) “Emergency response broadcaster” means a person certified pursuant to § 58-2-128 as an emergency response broadcaster;
11. (11) “Emergency services coordinator” or “ESC” means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. The ESC and an alternate will be responsible for coordinating with the agency on emergency preparedness issues, preparing and maintaining emergency preparedness and post disaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel;
12. (12) “Energy emergency” means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 919 (42 U.S.C. §§ 2011-2394); also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring in or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state;
13. (13) “Energy resources” includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description;
14. (14) “Entity” includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest;
15. (15) “GAR” means the governor's authorized representative;
16. (16) “Local emergency management agency” means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision;
17. (17) “Manmade emergency” means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government;
18. (18) “Mobile reserve unit” means an organization for emergency management created in accordance with this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area;
19. (19) “Natural emergency” means any emergency caused by a natural event, including, but not limited to, a storm, a flood, a drought, or an earthquake;
20. (20) “Person” includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural;
21. (21) “Political subdivision” means any municipality or county, including any county having metropolitan form of government, created pursuant to law;
22. (22) “Public official” means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state;
23. (23) “SCO” means state coordinating officer;
24. (24) “Technological emergency” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident; and
25. (25) “TEMP” means Tennessee emergency management plan.

Backlinks (14)

History (4)

Acts 2000, ch. 946, § 1
2006, ch. 588, § 1
2009, ch. 288, § 2
2014, ch. 730, § 2.

§ 58-2-102. Legislative intent.

(a) The general assembly finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological, terrorist acts, and manmade disasters, all of which threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The general assembly further finds that this vulnerability is exacerbated by the growth in the state's population, in the elderly population, in the number of seasonal vacationers, and in the number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities.
(b) It is the intent of the general assembly to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation or shelter-in-place of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the restoration of services and property; and to provide for the coordination of activities relating to emergency preparedness, response, recovery, and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations, and with the private sector.
(c) It is further the intent of the general assembly to promote the state's emergency preparedness, response, recovery, and mitigation capabilities through enhanced coordination, long-term planning, and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated, and timely support to communities and the public. Therefore, the general assembly hereby determines and declares that this chapter fulfills a compelling state interest.

History (2)

Acts 2000, ch. 946, § 1
2002, ch. 849, § 7a.

§ 58-2-103. Policy and purpose.

(a) Because of the existing and continuing possibility of the occurrence of emergencies and disasters resulting from natural, technological, or manmade causes, including acts of terrorism and the recovery therefrom; in order to ensure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary to:
1. (1) Create a state emergency management agency to be known as the “Tennessee emergency management agency” (TEMA), to authorize the creation of local organizations for emergency management in the political subdivisions of the state, and to authorize cooperation with the federal government and the governments of other states;
2. (2) Confer upon the governor, TEMA, and the governing body of each political subdivision of the state the emergency powers provided herein;
3. (3) Provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government with respect to carrying out all emergency management functions and responsibilities;
4. (4) Authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out this chapter; and
5. (5) Provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use, not to exclude flood plain management.
(b) It is further declared to be the purpose of this chapter and the policy of the state that all emergency management functions of the state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments, agencies of other states and localities, and private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources, and facilities of the nation for dealing with any emergency that may occur.

Backlinks (2)

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-104. Creation of agency — Director and deputies.

(a) The governor is hereby authorized and directed to create a state agency to be known as the “Tennessee emergency management agency” (TEMA) under the adjutant general for day-to-day administrative purposes and, upon the recommendation of the adjutant general, to appoint a director of TEMA, who shall be the administrator thereof. The director shall hold office at the pleasure of the governor, and shall receive such salary as is fixed by the adjutant general and approved by the governor. The agency shall authorize the creation of local organizations for emergency management in the political subdivisions of the state, and authorize cooperation with the federal government and the governments of other states.
(b) The governor is hereby authorized to appoint such deputy directors of the agency as the governor may in the exercise of the governor's sound discretion deem necessary, and such directors, in the discretion of the governor and upon the recommendation of the adjutant general, may be state employees who shall serve in such capacity without additional compensation.
(c) The director, subject to the direction and control of the governor, acting through the adjutant general, shall be the executive head of the agency and shall be responsible to the governor for carrying out the program for TEMA for this state. The director shall coordinate the activities of all organizations for the agency within the state and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government. For normal day-to-day administrative functions, the director shall report to the adjutant general. During emergency conditions, the agency and director shall report to the governor or the governor's designee. General coordination with the adjutant general shall be maintained. The department of the military shall become a resource for the state as with all other departments and agencies; further, the director shall make recommendations to the governor for the use of the national guard and other state resources as disaster conditions mandate, including, but not limited to, the assistance of local and private agencies. The director shall coordinate with the governor's office on the activation or the potential activation of any mutual aid agreement or compact.
(d) The adjutant general, upon the recommendation of the director, may employ such area directors, professional, technical, clerical, stenographic, and other personnel, and the adjutant general shall fix their compensation and may make expenditures from available funds appropriated for the military department or from funds made available to the adjutant general for purposes of emergency management, as may be necessary to carry out the purposes of this chapter. The director shall be provided with necessary, and appropriate office space, furniture, supplies, stationery, printing and equipment, including but not limited to, radio, radiological and any and all other proper equipment necessary to carry out the emergency management program for the state. The necessary mileage, office expenses, salaries of personnel, postage, telephone and expressage shall be chargeable to any funds available for emergency management.

Backlinks (4)

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-105. Limitations.

Nothing in this chapter shall be construed to:
1. (1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
2. (2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency;
3. (3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies; and
4. (4) Limit, modify, or abridge the authority of the governor to proclaim martial rule or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of or in conjunction with this chapter; provided, that the authority shall be limited to the extent provided under § 58-2-107(m) and as otherwise specifically provided by statute.

History (2)

Acts 2000, ch. 946, § 1
2009, ch. 288, § 3.

§ 58-2-106. Emergency management responsibilities and powers.

(a) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, county governments, municipal governments and school boards, and private agencies that have a role in emergency management. The director of the agency shall be the state coordinating officer (SCO) and the governor's authorized representative (GAR).
(b) The agency is responsible for carrying out this chapter. In performing its duties under this chapter, the agency shall:
1. (1) Prepare a TEMP and maintain an accountable ESC program, which shall be integrated into and coordinated with the emergency management plans and programs of the federal government. The plan shall be implemented by a continuous, integrated comprehensive emergency management program. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major, and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The TEMP shall be planning, response, recovery and mitigation oriented and shall include the following:
  1. (A) An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities;
  2. (B) A shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private, and nonprofit sectors;
  3. (C) A postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major, or catastrophic. The postdisaster response and recovery component must, at a minimum:
    1. (i) Establish the structure of the state's postdisaster response and recovery organization;
    2. (ii) Establish procedures for activating the state's plan;
    3. (iii) Set forth policies used to guide postdisaster response and recovery activities;
    4. (iv) Describe the chain of command during the postdisaster response and recovery period;
    5. (v) Describe initial and continuous postdisaster response and recovery actions;
    6. (vi) Identify the roles and responsibilities of each involved agency and organization;
    7. (vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system;
    8. (viii) Establish procedures for monitoring mutual aid agreements;
    9. (ix) Provide for assessment teams;
    10. (x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services;
    11. (xi) Ensure the existence of a comprehensive statewide medical care plan; and
    12. (xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods;
  4. (D) Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency;
  5. (E) Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets;
  6. (F) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions;
  7. (G) Establish guidelines and schedules for exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major, and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government; and
  8. (H) Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities;
2. (2) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the TEMP. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans;
3. (3) Assist political subdivisions in preparing and maintaining emergency management plans;
4. (4) Periodically review political subdivision emergency management plans for consistency with the TEMP and standards and requirements adopted under this section;
5. (5) Cooperate with the president of the United States, the heads of the armed forces, the various federal emergency management agencies, and the officers and agencies of other states in matters pertaining to emergency management in the state and the nation and incidents thereof and, in connection therewith, take any measures that it deems proper to carry into effect any request of the president and the appropriate federal officers and agencies for any emergency management action, including the direction or control of:
  1. (A) Emergency management drills, tests, or exercises of whatever nature; and
  2. (B) Warnings and signals for tests and drills, attacks, or other imminent emergencies or threats thereof and the mechanical devices to be used in connection with such warnings and signals;
6. (6) Make recommendations to the general assembly for preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact;
7. (7) In accordance with the TEMP and program for emergency management, ascertain the requirements of the state and its political subdivisions for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services, and resources within the state in accordance with this chapter;
8. (8) Anticipate trends and promote innovations that will enhance the emergency management system;
9. (9) Institute statewide public awareness programs. This includes an intensive public educational campaign on emergency preparedness issues;
10. (10) Prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs;
11. (11) Coordinate federal, state, and local emergency management activities and take all other steps, including the partial or full mobilization of emergency management forces and organizations in advance of an actual emergency, to ensure the availability of adequately trained and equipped forces of emergency management personnel before, during, and after emergencies and disasters;
12. (12) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs. This includes a continuous training program for agencies and individuals that will be called on to perform key roles in state and local postdisaster response and recovery efforts and for local government personnel on federal and state postdisaster response and recovery strategies and procedures;
13. (13) Periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the TEMP and program;
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  58-2-108(a)
14. (14) Make such surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter;
15. (15) Prepare, in advance whenever possible, such executive orders, proclamations, and rules for issuance by the governor as are necessary or appropriate for coping with emergencies and disasters;
16. (16) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for mitigation, preparation, response, and recovery;
17. (17) Delegate, as necessary and appropriate, authority vested in it under this chapter and provide for the subdelegation of such authority;
18. (18) Create, implement, administer, promulgate, amend, and rescind rules, programs, and plans needed to carry out this chapter with due consideration for, and in cooperation with, the plans and programs of the federal government; and
19. (19) Do other things necessary, incidental, or appropriate for the implementation of this chapter.

History (2)

Acts 2000, ch. 946, § 1
2002, ch. 849, § 7b.

§ 58-2-107. Emergency management powers of the governor.

(a)
1. (1) The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent.
2. (2) Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law.
(b)
1. (1) The governor or the governor's designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways:
  1. (A) By executive order or proclamation; or
  2. (B) By the activation of the TEMP.
2. (2) These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than forty-five (45) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies.
(c) An executive order or proclamation of a state of emergency shall:
1. (1) Activate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question;
2. (2) Be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other law relating to emergencies; and
3. (3) Identify whether the state of emergency is due to a minor, major, or catastrophic disaster.
(d) During the continuance of a state emergency, the governor is commander in chief of the Tennessee national guard and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the emergency.
(e) In addition to any other powers conferred upon the governor by law, the governor may:
1. (1) Suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
2. (2) Utilize all available resources of the state government and of each political subdivision of the state, as reasonably necessary to cope with the emergency;
3. (3) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
4. (4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency;
5. (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery;
6. (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
7. (7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein;
8. (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components;
9. (9) Make provision for the availability and use of temporary emergency housing;
10. (10) Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services in the general public interest;
11. (11) Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and
12. (12) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in clean up and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner.
(f) 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.
(g) The governor shall employ such measures and give such directions to the department of health and department of human services, division of vocational rehabilitation, as may be reasonable and necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of such agency by reason of conditions arising from emergencies or threats of emergency.
(h) The governor shall delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof prior to an emergency or threat of an emergency, and shall utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof, including their personnel and other resources, as the primary emergency management forces of the state, and all such officers and agencies shall cooperate with and extend their services and facilities to the agency, as it may require.
(i) The governor and the agency shall establish agencies and offices and appoint executive, professional, technical, clerical and other personnel as may be necessary to carry out this chapter.
(j) The governor shall formulate and execute plans and rules for the control of traffic in order to provide for the rapid and safe movement or evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will effectuate such plans.
(k) The governor may delegate to the director of TEMA the authority to declare a state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. Pursuant to the delegation of authority granted by this subsection (k), the director of TEMA may declare a state of emergency prospectively in anticipation of an emergency.
(l)
1. (1) If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct.
2. (2) If additional medical resources are required, the governor, by executive order, may provide limited liability protection to health care providers, including hospitals and community mental health care centers and those licensed, certified or authorized under titles 33, 63 or 68, and who render services within the limits of their license, certification or authorization to victims or evacuees of such emergencies; provided, however, that this protection may not include any act or omission caused by gross negligence or willful misconduct.
3. (3) The duration of the protection provided by this subsection (l) shall not exceed thirty (30) days, but may be extended by the governor by executive order for an additional thirty (30) days, if required to ensure the provision of emergency medical services in response to the catastrophic or major disaster.
(m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.
Backlinks (1)
- 58-2-105(4)
(n) During a state of emergency, major disaster, or natural disaster, the state, a political subdivision, or a public official shall not prohibit the operations of a church or religious organization for purposes of worship services.

Backlinks (4)

History (7)

Acts 2000, ch. 946, § 1
2004, ch. 487, § 1
2006, ch. 560, § 1
2007, ch. 129, § 1
2010, ch. 885, § 1
2021 (3rd Ex. Sess.), ch. 3, § 1
2022, ch. 802, § 2.

§ 58-2-108. Designation of emergency services coordinators — Responsibilities of ESC.

(a) At the direction of the governor, the head of each executive department and independent agency must select from within such department or agency a person or persons to be designated as the ESC or ESCs for the department or agency, in addition to one (1) or more alternate ESCs. TEMA must define in the TEMP the number of ESCs needed for each executive department and independent agency to coordinate an effective response to the various types of emergencies and disasters, subject to periodic review and revision as required by § 58-2-106(b)(13).
(b) An ESC is responsible for coordinating with and reporting to TEMA on emergency preparedness issues, preparing and maintaining emergency preparedness and post-disaster response and recovery plans for the ESC's department or agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for department or agency personnel. An ESC must also attend mandatory training, as determined by the director of TEMA or the director's designee.
(c) An ESC is responsible for ensuring that the ESC's department or agency prepares and maintains a continuity of operations plan that is reviewed by TEMA.
(d) The head of each department or agency must notify TEMA, in writing, of the person or persons designated as ESCs or alternate ESCs and any changes in the designations.
(e) Each department or agency is responsible for providing the necessary equipment to its ESCs and alternate ESCs, as prescribed by TEMA, for the performance of the duties of the ESCs and alternate ESCs.
(f) TEMA, in consultation with the department of human resources, must develop a mechanism to provide for a salary supplement for the ESCs, subject to available funding. TEMA may withhold this salary supplement based on noncompliance with mandatory training as required in subsection (b). Payment of the salary supplement must be made commensurate with performance of ESC duties, completion of required training, attendance at required workshops, exercises, and meetings, and other factors as deemed appropriate by the director of TEMA working in conjunction with the department of human resources to annually determine the metrics for the salary supplement.

History (2)

Acts 2000, ch. 946, § 1
2022, ch. 787, § 1.

§ 58-2-109. Financing — Acceptance of gifts.

(a) It is the intent of the general assembly and declared to be the policy of this state that funds to prepare for and meet emergencies shall always be available.
(b) It is the intent of the general assembly that the first recourse shall be to annually fund a state emergency management agency. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the governor may, as otherwise provided by law, make funds available by transferring and expending moneys appropriated for other purposes or out of any unappropriated surplus funds.
(c) Nothing contained in this section shall be construed to limit the authority of the governor to apply for, administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation, preparedness, response, or recovery.
(d) Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, loan or other agreement for the purpose of emergency management, the state, acting through the agency, or such political subdivision, acting through its governing body or a local emergency management agency, may accept such offer. Upon such acceptance, the agency or the presiding officer of the governing body of the political subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such political subdivision, subject to the terms of the offer.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-110. Emergency management powers of political subdivisions.

Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state.
1. (1) Counties.
  1. (A) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of this chapter, each county within this state shall be within the jurisdiction of and served by TEMA. Except as otherwise provided in this chapter, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to subdivision (3)(b) which is recognized by the governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the TEMP and program.
  2. (B) Each county emergency management agency created and established pursuant to this chapter shall have a director who shall be appointed by the CLEO and, if required, approved by the governing body of the county. The director must meet the minimum training and education qualifications established in a job description developed by the CLEO and that meets the requirements of § 58-2-127. The job description for a directorship must be approved by the governing body of the county. The director's annual salary shall be fixed by the governing body of the county. Each CLEO shall promptly inform TEMA of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the CLEO and shall serve as liaison to TEMA and other local emergency management agencies and organizations.
  3. (C) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits of the county within which it is organized as are required pursuant to this chapter and in accordance with state and county emergency management plans and mutual aid agreements. A county shall serve as liaison for and coordinate the requests of municipalities located within such county for state and federal assistance during postdisaster emergency operations.
2. (2) Municipalities. Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and regulations applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs.
3. (3) Emergency management powers; political subdivisions.
  1. (A) In carrying out this chapter, each political subdivision has the power and authority to:
    1. (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;
    2. (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers;
    3. (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations;
    4. (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision;
    5. (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to:
      1. (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;
      2. (b) Entering into contracts;
      3. (c) Incurring obligations;
      4. (d) Employment of permanent and temporary workers;
      5. (e) Utilization of volunteer workers;
      6. (f) Rental of equipment;
      7. (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and
      8. (h) Appropriation and expenditure of public funds; and
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      58-8-104(a)
    6. (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.
  2. (B) Upon the request of two (2) or more adjoining counties, or if the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and service, the governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the governor pursuant to this subdivision (3)(B) shall be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a nonjurisdictional basis, such as:
    1. (i) Small or sparse population;
    2. (ii) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome;
    3. (iii) Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations;
    4. (iv) The interrelated character of the counties in a multicounty area; and
    5. (v) Other relevant conditions or circumstances.
4. (4) Local emergency planning committees.
  1. (A) Each local emergency planning committee (LEPC) is authorized to assess and collect an annual fee of one hundred dollars ($100) from member facilities and industries within its emergency planning district required to submit tier II reports in accordance with federal law, 42 U.S.C. § 11001 et seq. Such fee shall be assessed and collected in the manner authorized by each such LEPC.
  2. (B) The revenue derived from such fee shall be used solely by the LEPC for conducting annual event exercises, educating the public, and printing the Hazardous Materials Emergency Response Plan.
  3. (C) This subdivision (4) applies to LEPCs in any county having a population of not less than seventy-one thousand, three hundred (71,300) nor more than seventy-one thousand, four hundred (71,400), according to the 2000 federal census or any subsequent federal census, upon the adoption of a resolution by a two-thirds (⅔) vote of the county legislative body of such county.

History (5)

Acts 2000, ch. 946, § 1
2003, ch. 185, § 1
2004, ch. 487, § 2
2009, ch. 110, § 1
2011, ch. 365, § 1.

§ 58-2-111. Possession of mobile telephone by person being housed in camp or shelter.

Notwithstanding any law to the contrary, a person being housed in a camp or shelter organized or maintained by the federal or Tennessee emergency management agency or a local emergency management agency, or pursuant to an action taken by such agency, is authorized to possess a mobile telephone.

History (1)

Acts 2019, ch. 457, § 1.

§ 58-2-112. [Reserved]

§ 58-2-113. Emergency management support forces or mobile reserve unit.

(a) TEMA is authorized to provide, within or out of the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states, and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon order of TEMA and shall perform functions in any part of the state or, upon the conditions specified in this section, in other states.
(b) Personnel of emergency management support forces while on duty, whether inside or outside of this state, shall:
1. (1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment;
2. (2) If they are employees of a political subdivision of the state, whether serving inside or outside of the political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment. The compensation shall be provided by and through the providing political subdivision; and
3. (3) If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by TEMA. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available.

Backlinks (3)

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-114. Government equipment, services, and facilities.

In carrying out this chapter, the governor, the director of TEMA and the executive officers, or governing bodies of the political subdivisions of the state establishing local emergency management agencies, are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor or to the director and to the local emergency management agencies throughout the state upon request.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-115. Compensation.

(a) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered the claimant's services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.
(b) Compensation owed for personal services shall be only such as may be fixed by TEMA.
(c) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the governor or a member of the emergency forces of this state.
(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim therefor with the agency in the form and manner that the agency provides.
(e) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and TEMA, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.
(f) Nothing in this section applies to or authorizes compensation:
1. (1) For the destruction or damaging of standing timber or other property in order to provide a firebreak;
2. (2) For damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood; or
3. (3) Beyond the extent of funds available for such compensation.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-116. Emergency management.

(a) In addition to prevention measures included in the state and local comprehensive emergency management plans, the governor shall consider, on a continuing basis, steps that could be taken to mitigate the harmful consequences of emergencies. At the governor's direction, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of emergency mitigation-related matters. The governor, from time to time, shall make such recommendations to the general assembly, local governments, and other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of emergencies.
(b) The appropriate state departments or agencies, in conjunction with TEMA, shall continually study the plans, uses and construction of structures and other facilities and identify areas which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence, manmade or natural. The studies under this subsection (b) shall concentrate on means of reducing or avoiding the dangers caused by these occurrences or the consequences thereof.
(c) If TEMA believes, on the basis of the studies or other competent evidence, that:
1. (1) An area is susceptible to an emergency of catastrophic proportions without adequate warning;
2. (2) Existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the emergency; and
3. (3) Changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, the agency shall specify the essential changes to the governor. If the governor, upon review of the recommendation, finds, after public hearing that changes are essential, the governor shall so recommend to the agencies or political subdivision with jurisdiction over the area and subject matter. If no action, or insufficient action, pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall so inform the general assembly and request legislative action appropriate to mitigate the impact of such an emergency.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-117. Lease or loan of state property; transfer of state personnel.

Notwithstanding any inconsistent provision of law:
1. (1) Whenever the governor deems it to be in the public interest, the governor may:
  1. (A) Authorize any department or agency of the state to lease or lend, on such terms and conditions as it may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government, to the president of the United States, the heads of the armed forces of the United States, or the various federal emergency management agencies of the United States; and
  2. (B) Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state, on such terms and conditions as the governor may deem necessary to promote the public welfare and protect the interests of this state, of any real or personal property of the state government, or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state;
2. (2) The governing body of each political subdivision of the state may:
  1. (A) Enter into such contract or lease with this state, accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed; and
  2. (B) Do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-118. Orders and rules.

(a) Upon being authorized by the governor, TEMA, or other state department or agency, the political subdivisions of the state and other agencies designated or appointed by the governor, or in the TEMP, are authorized and empowered to make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of this chapter, but which are not inconsistent with any orders or rules adopted by an EMA or by any state agency exercising a power delegated to it by the governor or the agency.
(b) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this chapter and all orders and rules made pursuant to such sections shall be taken or made with due consideration of the orders, rules, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, actions, recommendations, and requests.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-119. Enforcement.

It is the duty of every EMA established pursuant to this chapter and the officers and personnel thereof, to execute and enforce such orders, rules and regulations as may be made by the governor under authority of this chapter. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the governor, or under the governor's authority.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-120. Penalties.

In the event of an emergency declared pursuant to this chapter, any person or representative thereof violating any order, rule or regulation promulgated pursuant to this chapter commits a Class A misdemeanor.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-121. Liability.

Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person's successor in interest, if any, shall not be liable for:
1. (1) The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or
2. (2) Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person's successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-122. Liberality of construction.

This part shall be construed liberally in order to effectuate the part's purposes.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-123. Radiological emergency preparedness.

(a) Purpose and intent. It is the purpose of this section to establish the means by which certain radiological emergency response plans and preparedness requirements of the United States nuclear regulatory commission and the federal emergency management agency can be developed and tested by the state, the appropriate counties, and each operator licensed by the United States nuclear regulatory commission to operate a commercial nuclear electric generating facility. It is the express intent of the general assembly that no department, commission, agency, or political subdivision of the state be considered to have assumed or be responsible for the funding of any activity or program required by this section from any sources of funds other than those specifically identified in this section.
(b) Definitions. For the purposes of this section, the following terms have the meanings indicated:
1. (1) “Appropriate county” means a county which is required by the United States nuclear regulatory commission or the federal emergency management agency to be designated a risk or a host county;
2. (2) “Facility” means a commercial nuclear electric generating reactor operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility;
3. (3) “Operator” means that person who has applied for or who has been granted a license by the United States nuclear regulatory commission for the operation of a facility; and
4. (4) “Plans” means the radiological emergency response plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in nuclear regulatory commission regulation 0654 (NUREG-0654) and FEMA-radiological emergency plan 1 (FEMA-REP-1) or as may be required by cognizant federal agencies in the future.
(c) Emergency response plans. In addition to the other plans required by this chapter, TEMA shall develop, prepare, test, and implement as needed, in conjunction with the appropriate counties and the affected operator, such radiological emergency response plans and preparedness requirements as may be imposed by the United States nuclear regulatory commission or the federal emergency management agency as a requirement for obtaining or continuing the appropriate licenses for a commercial nuclear electric generating facility.
(d) Powers and duties. In implementing the requirements of this section, the director of the agency or the director's designated representative, shall:
1. (1) Negotiate and enter into such additional contracts and arrangements among the agency, appropriate counties, and each operator to provide for the level of funding and the respective roles of each in the development, preparation, testing, and implementation of the plans;
2. (2) Evaluate and determine the adequacy of the plans based upon consultations with the United States nuclear regulatory commission and other agencies, as appropriate, and upon the results of such tests as may be conducted;
3. (3) Limited to such funding as is available based upon the requirements of subdivision (d)(5), require the participation of appropriate counties and operators in the development, preparation, testing, or implementation of the LANs as needed;
4. (4) Determine the reasonableness and adequacy of the provisions, terms, and conditions of the plans and, in the event the appropriate counties and the operators cannot agree, resolve such differences and require compliance by the appropriate counties and the operators with the plans. In resolving such differences, the director shall consider:
  1. (A) The requirements and parameters placed on the operators by federal law and agencies;
  2. (B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and
  3. (C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans;
5. (5) Receive, expend, and disburse such funds as are made available by each licensee pursuant to this section; and
6. (6) Limited to such funding as is available based upon the requirements of subsection (e), coordinate all activities undertaken pursuant to this section or required of appropriate counties and operators by any federal or state agency.
(e) Funding. All funds for the implementation of this section shall be provided by the operators as required by subsection (d), except that operators may enter into bilateral agreements with other state agencies or appropriate counties when necessary. No political subdivision of the state shall be considered to have obligated or consented to have obligated any funds from any local revenue source whatsoever by complying with this section.

History (1)

Acts 2000, ch. 946, § 1.

§ 58-2-124. Suspension letter — Contents.

The Tennessee emergency management agency shall deliver a copy of any suspension letter to the member of the senate and the member of the house of representatives who represents such area, and to the principal officer of the local legislative body of the county and municipality, if applicable. Such notice shall contain the date of suspension, the amount of suspension, reasons for the suspension, and the length of suspension. For the purposes of this section, “suspension” includes the suspension of any federal funds or state funds that are related to the emergency management program. A suspension letter shall include a synopsis of the following:
1. (1) Task forecast agreement;
2. (2) Quarterly activity reports;
3. (3) Plans;
4. (4) Training;
5. (5) Exercises;
6. (6) Public awareness;
7. (7) RADEF equipment checked;
8. (8) Emergency and missions;
9. (9) Administrative;
10. (10) Mitigation programs;
11. (11) Personnel and facilities; and
12. (12) Effectiveness.

History (1)

Acts 2000, ch. 686, § 3.

§ 58-2-125. Acceptance of gifts.

The governor, on behalf of the state, may accept a gift of funds from any person, firm, or corporation for the purpose of providing funding for emergency relief services. Gifted funds shall be deposited in the emergency and contingency fund. The emergency and contingency fund may be used for any purpose authorized by law to be allowed on executive order of the governor.

History (1)

Acts 2006, ch. 942, § 1.

§ 58-2-126. First responders from local emergency management agencies — Death benefit.

(a) As used in this section:
1. (1) “First responders from local emergency management agencies” means emergency management agency personnel, including but not limited to, emergency managers who, as first responders:
  1. (A) Go directly to the scene of an emergency; or
  2. (B) Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and
2. (2) “Local emergency management agency” means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision.
(b) All local emergency management agency personnel are considered first responders from local emergency management agencies with all the rights, benefits, privileges, and protections available to them pursuant to state and local laws.
(c) The estate of any first responder from a local emergency management agency who is killed in the line of duty is entitled to receive the sum of twenty-five thousand dollars ($25,000), with payment to be made from the general fund after receipt by the department of finance and administration of a certified death certificate and an affidavit from the decedent's employer that the decedent was killed in the line of duty.

History (1)

Acts 2017, ch. 408, § 2.

§ 58-2-127. Prerequisites for employment as a director of a local emergency management agency.

(a) As a prerequisite to receiving an offer of employment as the director of a local emergency management agency, the candidate shall provide evidence satisfactory to the CLEO that the applicant:
1. (1) Is at least eighteen (18) years of age;
2. (2) Is a citizen of the United States and of this state;
3. (3) Is a high school graduate or possesses equivalency;
4. (4) Has not been convicted or pled guilty to or entered a plea of nolo contendere to any felony charge;
5. (5) Has a valid Tennessee driver license; and
6. (6)
  1. (A) Has graduated and received a baccalaureate degree;
  2. (B) Has graduated and received an associate's degree and possesses at least two (2) years experience in an emergency management or related field;
  3. (C) Possesses at least four (4) years experience in an emergency management or related field; or
  4. (D) Is serving as director of a local emergency management agency on July 1, 2011.
(b) In addition to the requirements of subsection (a), any director of a local emergency management agency shall possess knowledge of the following subjects:
1. (1) The principles and practices of emergency management;
2. (2) Emergency management planning concepts;
3. (3) Disaster response and the functions of government and private organizations;
4. (4) Laws and regulations related to emergency operations; and
5. (5) Working knowledge of computer operations and the operation of other basic office equipment.
(c) In addition to the requirements of subsections (a) and (b), any director of a local emergency management agency shall possess the skill and ability to perform tasks as defined by the county mayor, including, but not limited to, the following tasks:
1. (1) Plan, organize, assign, inspect, and direct the work of others;
2. (2) Evaluate situations and make coherent decisions;
3. (3) Express ideas clearly, concisely, and convincingly, both orally and in writing. This requirement includes the ability to communicate effectively under stressful conditions during emergency situations;
4. (4) Establish and maintain an effective working relationship with the public, businesses, industries, volunteers, and employees;
5. (5) Operate an emergency management response vehicle and communications equipment;
6. (6) Work from a mobile unit and outdoors in all types of weather conditions during emergency and simulated situations; and
7. (7) Direct the activities of a twenty-four-hour, seven-day-a-week operation.
(d) A local emergency management agency director is under executive direction.
(e) A local emergency management agency director's responsibilities include, but are not limited to, the following:
1. (1) Coordinate and assist in the revision and update of the local emergency operations plan and field operating guides in conjunction with elected and appointed local government officials and private, volunteer, and civic organizations;
2. (2) Develop and manage the local agency's annual budget in accordance with local guidelines;
3. (3) Collect initial disaster intelligence information, extract essential elements of information, and prioritize use of critical resources;
4. (4) Prepare and transmit situation reports to TEMA as directed by state procedures;
5. (5) Assess the impact of major emergencies and initiate requests for declaration of emergency for the CLEO's signature;
6. (6) Serve as the focal point for damage assessment information and coordinate all relief activities through the CLEO and the regional and state emergency operations center;
7. (7) Promote and supervise the development of various emergency management related public education and information services, such as training programs, brochures, speaking opportunities, and media programs;
8. (8) Develop and maintain an emergency operations center to ensure direction, control, and continuity of local government during emergencies and disasters;
9. (9) Conduct hazardous analysis, capability assessment and vulnerability analysis, and make periodic updates to same. The director is “on call” for response to any type of disaster or major emergency: natural, manmade, or technological;
10. (10) Provide assistance to private sector organizations on issues pertaining to emergency management and homeland security;
11. (11) Provide resource coordination and technical assistance during major emergencies and disasters;
12. (12) Prepare after-action reports as required;
13. (13) Development and implementation of all activities relative to emergency management within the territorial limits of the emergency management area for which the director serves as director;
14. (14) Establish emergency management standards within the territorial limits of the emergency management area for which the director serves as director. This responsibility includes the development and implementation of activities which support the national incident management system (NIMS) to mitigate, prepare for, respond to, and recover from major emergencies, terrorist events, and disasters; and
15. (15) Perform other duties as directed by the CLEO.
(f) In addition to the duties and responsibilities enumerated in subsection (e), a local emergency management agency director shall:
1. (1) Complete FEMA independent study (IS) courses in a timely manner as required by TEMA and local guidelines;
2. (2) Within the first twenty-four (24) months of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, by June 30, 2013, complete the TEMA hazardous materials operations level, damage assessment workshop, and any NIMS courses that are offered during that twenty-four-month period. If the TEMA hazardous materials operations level or damage assessment workshop is not offered during the first twenty-four (24) months of a director's term of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, during the period of July 1, 2011 through June 30, 2013, the director shall take those courses at the earliest opportunity after the expiration of such time period. A director shall attend additional courses that are offered by TEMA as the director's time and schedule permit;
3. (3) Apply for emergency management professional certifications in a timely manner; and
4. (4) Independently maintain current knowledge of new technologies related to emergency management.

Backlinks (1)

58-2-110(1)(B)

History (2)

Acts 2011, ch. 365, § 2
T.C.A., § 58-2-133.

§ 58-2-128. Development of plan for broadcasters to respond to emergency — Training program for emergency response broadcasters — Access to areas affected by emergency.

(a) A state organization representing the majority of broadcasters in this state, in cooperation with the state and local emergency management agencies, may develop plans for preparing for and responding appropriately to an emergency or disaster.
(b) Any state organization that represents the majority of the state's broadcasters may establish a program for training and certifying broadcast engineers and technical personnel as emergency response broadcasters. Any such program established pursuant to this subsection (b) shall:
1. (1) Be consistent with the federal law and guidelines;
2. (2) Provide training and education concerning restoring, repairing, and resupplying any facilities and equipment of a broadcaster in an area affected by an emergency; and
3. (3) Provide training and education concerning the personal safety of an emergency broadcaster in an area affected by an emergency.
(c) To the extent practical and consistent with not endangering public safety or inhibiting recovery efforts, state and local officers and workers and government agencies shall allow emergency response broadcasters access to an area affected by an emergency for the purpose of restoring, repairing, or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce, and transmit essential public information programming, including, without limitation, repairing and maintaining transmitters and generators and transporting fuel for generators.
(d) No emergency response broadcaster shall access an area affected by an emergency for the purpose of creating audio or video program content or transmitting information to the public.

Backlinks (1)

58-2-101(10)

History (2)

Acts 2014, ch. 730, § 3
T.C.A., § 58-2-134.

Part 2 Facilitating Business Rapid Response to State-Declared Disaster Act

§ 58-2-201. Short title.

This part shall be known and may be cited as the “Facilitating Business Rapid Response to State-Declared Disaster Act.”

History (1)

Acts 2019, ch. 378, § 1.

§ 58-2-202. Part definitions.

As used in this part:
1. (1) “Critical infrastructure” means real and personal property and equipment, including, but not limited to, buildings, offices, lines, poles, pipes, structures, and equipment that:
  1. (A) Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities; and
  2. (B) Services multiple customers or citizens;
2. (2) “Disaster” has the same meaning as defined in § 58-2-101;
3. (3) “Disaster or emergency related work” means:
  1. (A) Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency; and
  2. (B) Any activities conducted in good faith before a potential disaster or emergency to prepare for the provision of the work described in subdivision (3)(A);
4. (4) “Disaster response period” means the period that begins ten (10) days before the date of the earliest event establishing a disaster or emergency and that ends one hundred twenty (120) days thereafter, or such later date as may be set by the governor or president of the United States;
5. (5) “Emergency” has the same meaning as defined in § 58-2-101;
6. (6) “Licensed business” means a business entity that is currently licensed to do business in this state;
7. (7) “Responding out-of-state business” means a business entity that, except for work related to a disaster or emergency, has no presence in this state, conducts no business in this state, and whose services are requested by a licensed business or by this state or a local government for purposes of performing disaster or emergency related work in this state, including, but not limited to, a business entity that is affiliated with a licensed business solely through common ownership and otherwise meets this definition of a responding out-of-state business; and
8. (8) “Responding out-of-state employee” means an employee of a responding out-of-state business or licensed business who does not work in this state, except for disaster or emergency related work.

History (1)

Acts 2019, ch. 378, § 1.

§ 58-2-203. Payment of taxes and fees by responding out-of-state businesses and employees — Jurisdiction.

(a) Notwithstanding any law to the contrary, responding out-of-state businesses and responding out-of-state employees shall pay the following transaction taxes and fees, when the tax or fee is determined, collected, remitted, and reported by others duly registered and required to collect such taxes and fees:
1. (1) Fuel excise taxes imposed under title 67, chapter 3;
2. (2) State and local sales and use taxes imposed under title 67, chapter 6;
3. (3) Local hotel occupancy taxes imposed under title 67, chapter 4, part 14;
4. (4) Taxes imposed on the purchase or consumption of alcoholic beverages and beer under title 57; and
5. (5) Any other transaction tax or fee assessed, collected, or imposed on specific transactions or activities in the usual course of business without imposing any obligation on a responding out-of-state business or responding out-of-state employee to register, file a return, or otherwise self-report and remit the tax or fee due.
(b) Notwithstanding any law to the contrary, tangible personal property of a responding out-of-state business, upon being installed or affixed to real property within this state, sold or transferred to in-state persons, or otherwise coming to rest and acquiring situs within this state, is subject to use tax, ad valorem tax, and any other tax imposed directly or indirectly on such property.
(c) This part does not limit or otherwise alter or amend the power of a court to exercise personal or in rem jurisdiction over responding out-of-state businesses, responding out-of-state employees, or their property; provided, that such jurisdiction must not be used as a basis to impose a tax, fee, or other obligation contrary to this part.
(d) This part does not confer immunity from criminal prosecution in a court of this state.

History (1)

Acts 2019, ch. 378, § 1.

§ 58-2-204. Residency or presence in state not established — Broad interpretation of protections.

(a) A responding out-of-state employee:
1. (1) Must not be considered to have established residency or a presence in this state that would require the employee or the employee's employer to administer, file, or pay taxes or fees or to be subjected to pay any other state or local tax or fee, except as expressly provided for in this part; and
2. (2) When holding a license, certificate, or other permit issued by the state of the employee's permanent residence or any other state as evidence that the employee is qualified to perform professional, mechanical, or other services, must be deemed licensed, certified, or permitted by this state to render disaster or emergency related work involving such professional, mechanical, or other services and must not be required to register, report, or pay any tax or fee related to such licensure, certification, or permitting in this state.
(b) A responding out-of-state business does not establish a level of presence during a disaster response period that would require the business to register, file, or remit state or local taxes or that would subject that business to any state licensing or registration requirements.
(c) Except as otherwise provided in this part, the protections afforded by this section must be interpreted broadly to relieve a responding out-of-state business and a responding out-of-state employee from any obligation to provide, require, or remit documentation, registration, taxes, fees, or other submissions or filings with this state or its political subdivisions, including, but not limited to, the following:
1. (1) Unemployment insurance;
2. (2) State and local occupational licensing fees;
3. (3) Registration for state and local sales and use tax, imposed by title 67, chapter 6, or any requirement to collect tax, file returns, or otherwise self-report or remit any sales or use tax to this state as a result of or in relation to any disaster or emergency related work;
4. (4) Any registration or regulation of businesses or public utilities by the secretary of state, public utilities commission, or any other agency or instrumentality of this state; and
5. (5) The franchise and excise tax imposed by title 67, chapter 4, parts 20 and 21, the business tax imposed by title 67, chapter 4, part 7, and any other state or local tax on or measured by, in whole or in part, net or gross income or receipts, so that all disaster or emergency related work of the responding out-of-state business that is conducted in this state must be disregarded with respect to any filing requirements for such tax, including the filing required for a unitary or combined group of which the responding out-of-state business may be a part. If an affiliate of a responding out-of-state business is required to file a combined or consolidated return, the responding out-of-state business's income, revenue, or receipts from disaster or emergency related work in this state must not be sourced to this state and must not otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.

History (1)

Acts 2019, ch. 378, § 1.

§ 58-2-205. Effect of remaining in state after disaster response period.

After a disaster response period, if a responding out-of-state business or a responding out-of-state employee remains in this state:
1. (1) Such business or individual loses the protections of this part; and
2. (2) For purposes of computing franchise and excise tax imposed by title 67, chapter 4, parts 20 and 21, and the business tax imposed by title 67, chapter 4, part 7, the computation must include in the tax base net or gross income or receipts from activities transacted during the disaster response period.

History (1)

Acts 2019, ch. 378, § 1.

Part 3 Business Fairness Act

§ 58-2-301. Short title.

This part is known and may be cited as the “Business Fairness Act.”

History (1)

Acts 2021, ch. 155, § 1.

§ 58-2-302. Continuation or resumption of business during state of emergency.

During the existence of a state of emergency declared pursuant to this chapter, a business entity may continue or resume its business if the business entity complies with safety precautions and guidelines issued by the governor, state department or agency, or a county or municipal governing body or agency acting in accordance with this chapter, or any executive order, proclamation, or rule issued pursuant to this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.

History (1)

Acts 2021, ch. 155, § 1.

Part 4 Civil Defense Compacts

§ 58-2-401. Authority for compact.

The governor is hereby authorized in the name of the state of Tennessee to enter into civil defense and disaster compacts with the several states, and to enter into an emergency management assistance compact by and between participating states, in order to provide mutual aid among the contracting states in meeting any emergency or disaster from enemy attack, sabotage or other hostile action.

Backlinks (2)

History (4)

Acts 1951, ch. 160, § 1 (Williams, § 5755.56)
T.C.A. (orig. ed.), § 7-701
Acts 1995, ch. 247, § 1
2010, ch. 745, § 1.

§ 58-2-402. Text of compact.

The civil defense and disaster compact referred to in § 58-2-401 which the governor of this state is authorized to execute on behalf of the state of Tennessee is as follows:
1. 1. CIVIL DEFENSE AND DISASTER COMPACT
    1. 1. The contracting states solemnly agree:
    2. Article 1.
      1. The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack, including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source are essential to the safety, care and welfare of the people thereof in the event of enemy attack or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The directors of civil defense of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
    3. Article 2.
      1. It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations, including:
        
        (a) Insignia, armbands and any other distinctive articles to designate and distinguish the different civil defense services;
        
        (b) Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests and exercises;
        
        (c) Warnings and signals for drill or attacks and the mechanical devices to be used in connection therewith;
        
        (d) The effective screening or extinguishing of all lights and lighting devices and appliances;
        
        (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
        
        (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;
        
        (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
        
        (h) The safety of public meetings or gatherings; and
        
        (i) Mobile support, or mobile reserve units.
    4. Article 3.
      1. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance.
    5. Article 4.
      1. Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered.
    6. Article 5.
      1. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
    7. Article 6.
      1. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
    8. Article 7.
      1. Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
    9. Article 8.
      1. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and, provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party states receiving aid from any liability and reimburse the party state supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
    10. Article 9.
      1. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States government under plans approved by it. After the termination of the emergency or disaster, the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
    11. Article 10.
      1. The committee established pursuant to article 1 of this compact may request the civil defense agency of the United States government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States government may attend meetings of such committee.
    12. Article 11.
      1. This compact shall become binding between this state and any contiguous state upon the specific ratification hereof by this state, and such contiguous state as between themselves and shall be subject to approval by congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the civil defense agency and other appropriate agencies of the United States government.
    13. Article 12.
      1. This compact shall continue in force and remain binding on each party state until the general assembly or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states.
    14. Article 13.
      1. This compact shall be construed to effectuate the purposes stated in article 1. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

Backlinks (1)

4-29-246(a)(13)

History (2)

Acts 1951, ch. 160, § 2 (Williams, § 5755.57)
T.C.A. (orig. ed.), § 7-702.

§ 58-2-403. Text of Emergency Management Assistance Compact.

The emergency management assistance compact referred to in § 58-2-401 which the governor is authorized to execute on behalf of the state is as follows:
1. 1. EMERGENCY MANAGEMENT ASSISTANCE COMPACT
    1. ARTICLE I — PURPOSE AND AUTHORITIES
      1. This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
      2. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
      3. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
    2. ARTICLE II — GENERAL IMPLEMENTATION
      1. Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and the intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
      2. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
      3. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
    3. ARTICLE III — PARTY STATE RESPONSIBILITIES
      1. A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and carrying them out, the party states, insofar as practical, shall:
        
        i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.
        
        ii. Review party state's individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
        
        iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
        
        iv. Assist in warning communities adjacent to or crossing the state boundaries.
        
        v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
        
        vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
        
        vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
      2. B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to the authorized representative. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:
        
        i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
        
        ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
        
        iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.
      3. C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
    4. ARTICLE IV — LIMITATIONS
      1. Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
      2. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.
    5. ARTICLE V — LICENSES AND PERMITS
      1. Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
    6. ARTICLE VI — LIABILITY
      1. Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
    7. ARTICLE VII — SUPPLEMENTARY AGREEMENTS
      1. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
    8. ARTICLE VIII — COMPENSATION
      1. Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
    9. ARTICLE IX — REIMBURSEMENT
      1. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII shall not be reimbursable under this provision.
    10. ARTICLE X — EVACUATION
      1. Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation or such evacuees.
    11. ARTICLE XI — IMPLEMENTATION
      1. A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
      2. B. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
      3. C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
    12. ARTICLE XII — VALIDITY
      1. Chapter 247 of the Public Acts of 1995 shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of Chapter 247 of the Public Acts of 1995 and the applicability thereof to other persons and circumstances shall not be affected thereby.
    13. ARTICLE XIII — ADDITIONAL PROVISIONS
      1. Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code.

Backlinks (1)

4-29-246(a)(21)

History (2)

Acts 1995, ch. 247, § 2
2010, ch. 745, § 2.

Part 5 Emergency Severe Weather Information

§ 58-2-501. Emergency severe weather information system.

(a) This part shall be known and cited as the “Tennessee Emergency Severe Weather Information Act.”
(b) The director of the Tennessee emergency management agency may make agreements with the national oceanic and atmospheric administration of the United States department of commerce for the purpose of creating, developing and maintaining a statewide weather radio system for the communication of weather warnings and emergency information to the citizens of Tennessee.
(c) It is the intent of the general assembly that the extent of such agreements and the cost of implementing and operating such weather radio system shall be within the appropriations of the general assembly for such purpose.

History (3)

Acts 1977, ch. 157, §§ 1, 2
T.C.A., §§ 7-634, 7-6-201, 58-2-201
Acts 2000, ch. 946, § 2.

Part 6 Accidents Involving Hazardous Materials

§ 58-2-601. Report to the Tennessee emergency management agency of accidents involving hazardous materials.

Notwithstanding any law to the contrary, in addition to any reports required by law, any person who is transporting hazardous materials and placarded as carrying such materials as required by regulations of the department of safety and/or department of transportation shall report any accident or incident in which such materials are released from the container in which such materials are being transported to the Tennessee emergency management agency as soon as practicable after such accident or incident. Any other person having knowledge of such accident or incident shall also report such accident or incident to the Tennessee emergency management agency.

History (5)

Acts 1979, ch. 188, § 1
T.C.A., § 7-6-301
Acts 1995, ch. 305, § 117
T.C.A., § 58-2-301
Acts 2000, ch. 946, § 2.

§ 58-2-602. Notification of community officials.

As soon as practicable after receiving any such accident or incident report, such agency shall notify the appropriate officials in the community in which such accident or incident occurred.

History (4)

Acts 1979, ch. 188, § 2
T.C.A., § 7-6-302
§ 58-2-302
Acts 2000, ch. 946, § 2.

§ 58-2-603. Records and reports of accidents maintained.

The Tennessee emergency management agency shall maintain records of all such accident or incident reports, together with reports from other agencies of state and local governments which respond to such accident or incident.

History (3)

Acts 1987, ch. 155, § 3
T.C.A., § 58-2-303
Acts 2000, ch. 946, § 2.

§ 58-2-604. Removal or abatement of hazardous substances discharge.

(a) The county legislative body or the county emergency management agency (or other body authorized by the county legislative body) is authorized to take such steps as necessary to remove or abate any discharge of hazardous substances associated with a transportation incident or an emergency spill within the county, or to contract with a private entity for removal of the same; and, further, have the authority to recover costs from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action. This section does not apply to a person, as defined in § 68-212-104, or a liable party, as defined in § 68-212-202, operating under a permit or an order issued by the department of environment and conservation.
(b) For the purposes of this section:
1. (1)
  1. (A) “Costs” means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response;
  2. (B) “Costs” also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and
2. (2) “Hazardous substance” means any substance as defined in § 68-131-102 .

History (3)

Acts 1992, ch. 950, §§ 1, 2
T.C.A., § 58-2-304
Acts 2000, ch. 946, § 2.

Part 7 Earthquakes

§ 58-2-701. Interstate Earthquake Compact of 1988.

The general assembly of the state of Tennessee hereby ratifies a compact on behalf of the state of Tennessee with any other state legally joining therein in the form substantially as follows:
1. 1. ARTICLE I. PURPOSE
    1. The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources.
  2. ARTICLE II. INTRASTATE PLANNING
    1. Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake or other emergency, recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity.
  3. ARTICLE III. RESPONSIBILITIES OF STATES
    1. Whenever the governor of a party state requests aid from the governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consonant with the maintenance of protection for its residents and the policies stated in Article I.
  4. ARTICLE IV. RECIPROCITY
    1. Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state, demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.
  5. ARTICLE V. IMMUNITY
    1. No party state or its officers, employees or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith.
  6. ARTICLE VI. SUPPLEMENTARY AGREEMENTS
    1. Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
  7. ARTICLE VII. COMPENSATION
    1. Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed.
  8. ARTICLE VIII. REIMBURSEMENT
    1. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under Article VII; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state rendering aid for loss, damage or expense incurred within the terms of this article.
  9. ARTICLE IX. EVACUATION PLANS
    1. Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for the expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees.
  10. ARTICLE X. AVAILABILITY
    1. Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law; provided, that it shall not become initially effective until enacted into law by two (2) party states.
  11. ARTICLE XI. WITHDRAWAL
    1. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety (90) days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing the governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal it shall remain liable to the extent of such obligation.
  12. ARTICLE XII. SEVERABILITY
    1. This compact is to be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances is not to be affected by it.

Backlinks (1)

4-29-246(a)(28)

History (1)

Acts 1988, ch. 616, § 1.

Part 8 Uniform Emergency Volunteer Health Practitioners Act of 2007

§ 58-2-801. Short title.

This part shall be known and may be cited as the “Tennessee Uniform Emergency Volunteer Health Practitioners Act of 2007.”

History (1)

Acts 2007, ch. 579, § 2.

§ 58-2-802. Part definitions.

(a) As used in this part, unless the context otherwise requires:
1. (1) “Coordinating entity” means an entity that acts as a liaison to facilitate communication and cooperation between source and host entities but does not provide health services in the ordinary course of its activities as liaison;
2. (2) “Credentialing” means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility;
3. (3) “Department” means the department of health;
4. (4) “Disaster relief organization” means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that:
  1. (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or
  2. (B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA;
5. (5) “Emergency” has the same meaning as used in § 58-2-101;
6. (6) “Emergency declaration” has the same meaning as “declare a state of emergency” as used in § 58-2-107;
7. (7) “Emergency management assistance compacts” means the interstate compacts established under parts 4 and 7 of this chapter;
8. (8) “Entity” means a person other than an individual;
9. (9) “Health facility” has the same meaning as “facility” as defined in § 68-11-201 and “veterinary facility” as defined in § 63-12-103 licensed under the laws of this or another state to provide health services;
10. (10) “Health practitioner” means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services;
11. (11) “Health services” means:
  1. (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
    1. (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
      1. (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
      2. (b) Counseling, assessment, procedures, or other services;
    2. (ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
    3. (iii) Funeral, cremation, cemetery, or other mortuary services; or
  2. (B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
    1. (i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;
    2. (ii) Use of a procedure for reproductive management; and
    3. (iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;
12. (12) “Host entity” means an entity operating in this state that uses volunteer health practitioners to respond to an emergency;
13. (13) “License” means authorization by a state to engage in health services that are unlawful without the authorization. “License” includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity;
14. (14) “Person” means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
15. (15) “Privileging” means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill;
16. (16) “Scope of practice” means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority;
17. (17) “Source entity” means a person located in this or another state that employs or uses the services of health practitioners authorized to provide health services pursuant to this part;
18. (18) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
19. (19) “TEMA” means the Tennessee emergency management agency; and
20. (20) “Voluntary health practitioner” means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. “Voluntary health practitioner” does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.

History (1)

Acts 2007, ch. 579, § 3.

§ 58-2-803. Application of part.

This part shall apply to volunteer health practitioners registered with a registration system that meets the requirements of § 58-2-805 and who provide health services in this state for a host entity while an emergency declaration is in effect.

History (1)

Acts 2007, ch. 579, § 4.

§ 58-2-804. Limitations, restrictions and regulation — Immediate effect of orders — Requirements of host entities.

(a) While an emergency declaration is in effect, TEMA may limit, restrict, or otherwise regulate:
1. (1) The duration and scope of practice by volunteer health practitioners;
2. (2) The geographical areas in which volunteer health practitioners may practice;
3. (3) The types of volunteer health practitioners who may practice; and
4. (4) Any other matters necessary to coordinate effectively the provision of health services during the emergency.
(b) An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment and is not a rule within the meaning of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) A host entity that uses volunteer health practitioners to provide health services in this state shall:
1. (1) Consult and coordinate its activities with TEMA to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
2. (2) Comply with any laws relating to the management of emergency health services.

History (1)

Acts 2007, ch. 579, § 5.

§ 58-2-805. Qualification as a volunteer health practitioner registration system.

(a) To qualify as a volunteer health practitioner registration system, a system must:
1. (1) Accept applications for the registration of volunteer health practitioners before or during an emergency;
2. (2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
3. (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under this part; and
4. (4) Meet one (1) of the following conditions:
  1. (A) Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act (42 U.S.C. § 247d-7b);
  2. (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act (42 U.S.C. § 300hh);
  3. (C) Be operated by a:
    1. (i) Disaster relief organization;
    2. (ii) Licensing board;
    3. (iii) National or regional association of licensing boards of health practitioners;
    4. (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or
    5. (v) Governmental entity; or
  4. (D) Be designated by TEMA as a registration system for purposes of this part.
(b) While an emergency declaration is in effect, representatives of TEMA, a person authorized to act on behalf of TEMA, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c) Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer health practitioner, even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.

Backlinks (2)

History (1)

Acts 2007, ch. 579, § 6.

§ 58-2-806. Practice of volunteer health practitioners in this state while emergency declaration in effect — Limitations on protections while practicing in state.

(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with § 58-2-805 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice and use the titles appropriate thereto in this state to the extent authorized by this part as if the practitioner were licensed in this state.
(b) A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this part if the practitioner is licensed in more than one (1) state and any license of the practitioner is disciplinarily suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.

History (1)

Acts 2007, ch. 579, § 7.

§ 58-2-807. Effect on credentialing and privileging standards — Waiver or modification of standards.

This part does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.

History (1)

Acts 2007, ch. 579, § 8.

§ 58-2-808. Scope of practice — Sanctions and penalties.

(a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
(b) Except as otherwise provided in subsection (c), this part does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
(c) TEMA may modify or restrict the health services that volunteer health practitioners may provide pursuant to this part. An order under this subsection (c) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) A host entity may restrict the health services that a volunteer health practitioner may provide pursuant to this part.
(e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
1. (1) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
2. (2) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
(f) In addition to the authority granted by law of this state other than this part to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
1. (1) May impose administrative disciplinary sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
2. (2) May impose civil penalties pursuant to § 63-1-134 upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
3. (3) Shall report any civil penalty imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
(g) In determining whether to impose administrative disciplinary sanctions or civil penalties under subsection (f), a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill.

History (1)

Acts 2007, ch. 579, § 9.

§ 58-2-809. Limitations on rights, privileges or immunities provided to volunteer health practitioners — Incorporation of volunteers into emergency forces.

(a) This part does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this part. Except as otherwise provided in subsection (b), this part does not affect requirements for the use of health practitioners pursuant to the emergency management assistance compacts.
(b) TEMA, pursuant to the emergency management assistance compacts, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.

History (1)

Acts 2007, ch. 579, § 10.

§ 58-2-810. Emergency rules.

TEMA may promulgate emergency rules to implement this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In doing so, TEMA shall consult with the department and shall consult with and consider the recommendations of any other entity established to coordinate the implementation of the emergency management assistance compacts and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part and make the emergency response systems in the various states reasonably compatible.

History (2)

Acts 2007, ch. 579, § 11
2009, ch. 566, § 12.

§ 58-2-811. Acts or omissions — Vicarious liability — Recovery of damages — Participation in retirement system.

(a) Subject to subsection (b), volunteer health practitioners authorized to provide health services pursuant to this part are not liable for the payment of a judgment based on their acts or omissions in providing services, nor shall they be named as defendants in an action based on their acts or omissions.
(b) Notwithstanding subsection (a), this section does not apply to:
1. (1) Willful, wanton, grossly negligent, reckless, or criminal conduct of, or an intentional tort committed by, a volunteer health practitioner; or
2. (2) An action brought against a volunteer health practitioner:
  1. (A) For damages for breach of contract, other than for contracts related to the provision of health or veterinary services;
  2. (B) By a source or host entity; or
  3. (C) Relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle by a volunteer health practitioner for which this state requires the operator to have a valid operator's license or to maintain liability insurance, other than an ambulance or other emergency response vehicle, vessel, or aircraft operated by a volunteer health practitioner responding to a request for health services or transporting a patient.
(c) Source, coordinating, and host entities are not vicariously liable for the acts or omissions of volunteer health practitioners in providing health services authorized pursuant to this part.
(d) Source, coordinating, and host entities are not liable for civil damages for the operation of, or reliance upon information provided by a registration system, unless the acts or omissions constitute an intentional tort or are willful, wanton, grossly negligent, reckless, or criminal in nature.
(e) Notwithstanding subsection (a), for purposes of recovering damages from the state, volunteer health practitioners shall be considered volunteer state employees under § 8-42-101(3)(B) for purposes of § 9-8-112, for the purposes of recovering damages from the states based on their acts or omissions in providing health services pursuant to this part. The registration of individual volunteer health practitioners with the board of claims required under § 8-42-101(3)(B) shall be made by the registration system under which the volunteer health practitioner was registered; provided, however, that nothing in this part shall authorize any volunteer health practitioner's participation as a member of the Tennessee consolidated retirement system, unless the practitioner was a member at the time the emergency was declared.

History (1)

Acts 2007, ch. 579, § 12.

§ 58-2-812. Workers' compensation benefits.

Notwithstanding § 8-42-101(3)(B) concerning workers' compensation coverage of certain state employees, a volunteer health practitioner who is providing health services in this state pursuant to this part, or who is traveling to or from this state to provide such services, and who is not covered by workers' compensation insurance, shall be considered an employee of this state for purposes of any medical workers' compensation benefits concerning any injury incurred in traveling or providing the services. Benefits for volunteer health practitioners are limited to those medical benefits provided to state employees under the laws of this state.

History (1)

Acts 2007, ch. 579, § 13.

§ 58-2-813. Uniformity of law among states.

In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History (1)

Acts 2007, ch. 579, § 14.

Part 9 Resilient Tennessee Revolving Loan Fund Act

§ 58-2-901. Short title.

This part is known and may be cited as the “Resilient Tennessee Revolving Loan Fund Act.”

History (1)

Acts 2024, ch. 686, § 1.

§ 58-2-902. Findings and purpose.

(a) The general assembly declares that disaster mitigation and resiliency are of the highest priority to the state and the people of Tennessee.
(b) The general assembly finds that congress enacted the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act (Pub. L. No. 116-284) in 2021 for states to establish a revolving loan fund. Revolving loan funds are used to provide funding assistance to local governments for projects to reduce disasters and hazards.
(c) The purposes of this part are to ensure that Tennessee is ready and able to receive federal funds from the STORM Act by establishing the Resilient Tennessee Revolving Loan Fund, and to authorize the proper administration of the fund.

History (1)

Acts 2024, ch. 686, § 1.

§ 58-2-903. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Director” means the director of the agency;
2. (2) “Eligible recipient” means Tennessee counties and local governments, as well as other entities or persons eligible under federal emergency management agency (FEMA) eligibility guidelines, or amendments to eligibility in the STORM Act, in effect at the time of the award;
3. (3) “Fund” means the Resilient Tennessee Revolving Loan Fund established in this part; and
4. (4) “STORM Act” means the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act (Pub. L. No. 116-284).

History (1)

Acts 2024, ch. 686, § 1.

§ 58-2-904. Resilient Tennessee Revolving Loan Fund.

(a) There is created in the state treasury a revolving loan fund to be known as the “Resilient Tennessee Revolving Loan Fund.”
(b) The following moneys must be deposited into the fund:
1. (1) Moneys received through the federal emergency management agency (FEMA) and the STORM Act;
2. (2) Moneys appropriated by the general assembly to the fund;
3. (3) Investment and interest earnings of the fund;
4. (4) Moneys received as repayment of loan principal and interest; and
5. (5) All other moneys received by the fund from any other source.
(c) Moneys in the fund must be used to provide loans, at an interest rate of not more than one percent (1%), to eligible recipients for local resilience and hazard mitigation projects.
(d) The state treasurer shall invest the moneys of the fund in the same manner as other state moneys may be invested. All interest earnings of the fund must be credited to the fund.
(e) The fund balance must remain available in perpetuity to provide loans under this part. All moneys deposited into the fund and interest earned on the balance of the fund must be available to the director for expenditures consistent with this part.
(f) Moneys expended from the fund must be supplemental to funding that otherwise would be appropriated or provided to eligible recipients.
(g) In accordance with the limitations set forth in the STORM Act, moneys in the fund may be used to provide loans and financial assistance for projects or activities of eligible recipients that mitigate the impacts of natural hazards, including:
1. (1) Drought and prolonged episodes of intense heat;
2. (2) Severe storms, including hurricanes, tornadoes, wind storms, cyclones, and severe winter storms;
3. (3) Wildfires;
4. (4) Earthquakes;
5. (5) Flooding;
6. (6) Shoreline erosion; and
7. (7) High water levels.

History (1)

Acts 2024, ch. 686, § 1.

§ 58-2-905. Administration and rulemaking.

(a) The agency shall administer the fund.
(b) The agency shall adopt rules and regulations for the fund's administration in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules must implement the requirements of the STORM Act and establish application procedures and eligibility criteria for loans from the fund. For loans, the rules establishing eligibility criteria must include that an eligible recipient demonstrate:
1. (1) The need for a loan to address hazard mitigation; and
2. (2) The ability to repay the loan, if required, at a later date.
(c) The agency has such other authority as is necessary and appropriate for the exercise of the powers and duties conferred by this part.
(d) The agency may pay the administrative expenses and costs associated with the fund, as authorized by the STORM Act.
(e) The agency shall publicly publish and periodically update information about all projects receiving funding from the fund, including:
1. (1) The location of the project;
2. (2) The type and amount of assistance provided from the fund;
3. (3) The expected funding schedule; and
4. (4) The anticipated date of completion of the project.

History (1)

Acts 2024, ch. 686, § 1.

Chapter 3 Veterans' Rights in General

§ 58-3-101. Privileges extended to World War II veterans.

(a) All privileges, rights and immunities now extended by law to honorably discharged veterans of World War I are extended to honorably discharged veterans of World War II in as full and complete a manner as though such veterans of World War II had been specifically named in each and every statute granting such privileges, rights and immunities to veterans of World War I.
(b) “Honorably discharged veterans of World War II” includes any person who performed active service, as distinguished from service in the reserve, between November 1, 1940 and the termination of World War II in the United States army, United States air forces, United States navy, United States marine corps, United States coast guard, army nurse corps, merchant marine, and specifically includes females in active service in any auxiliary, attached to and under the discipline of any of the above organizations. The privileges extended to World War II veterans shall also include all the civilian groups assimilated as veterans under the federal code by § 401 of Public Law 95-202, the GI Bill Improvement Act of 1977.

History (4)

Acts 1945, ch. 13, § 1
mod. C. Supp. 1950, § 1012.33 (Williams, § 1012.36)
T.C.A. (orig. ed.), § 7-1001
Acts 1990, ch. 985, § 1.

§ 58-3-102. Substitution of military service for occupational experience.

(a) The lack of experience in terms of days, weeks, months or years shall not be a barrier to any honorably discharged veteran of World War II seeking to qualify for any position, trade, profession or vocation; provided, that such veteran was engaged in the profession, trade, position or occupation prior to entry into the service; provided further, that the time in days, weeks, months or years spent in the service plus the time previously spent at such trade, profession, vocation or occupation equals the experience required for such trade, position or occupation; and provided further, that such veteran possesses all other necessary qualifications for such trade, position or occupation.
(b) This section shall not apply to any profession requiring great skill and technical knowledge except in cases where the veteran can present satisfactory evidence from the veteran's service record that the veteran was engaged in such profession while in service for a period of time which meets the necessary experience qualifications.

History (3)

Acts 1947, ch. 186, §§ 1, 2
C. Supp. 1950, § 1012.34 (Williams, § 1012.37)
T.C.A. (orig. ed.), § 7-1002.

§ 58-3-103. Removal of disability of minor veterans and spouses.

The disability of minority is removed from all minors who serve with the armed forces of the United States so far as the same is necessary to enable such minors to enter into any and all contracts contemplated and authorized by any legislation, state or federal, granting rights, benefits or privileges to honorably discharged veterans. This removal of such disability shall likewise extend and apply to all contracts necessarily implied and arising out of their acceptance of such benefits, rights or privileges, likewise whenever under the laws of this state, the joinder of the spouse of any such minor in the execution of any instrument shall be necessary to its enforceability and if such spouse be likewise a minor, the disability shall also be removed to the extent necessary to allow the valid and enforceable execution of such instrument by such spouse, including the execution of all warranty deeds, trust deeds and all other instruments directly or incidentally connected with such benefits, but not further or otherwise.

History (4)

Acts 1945, ch. 26, § 1
1947, ch. 195, § 1
mod. C. Supp. 1950, § 1012.32 (Williams, § 1012.35)
T.C.A. (orig. ed.), § 7-1003.

§ 58-3-104. Information furnished to veterans.

The department of veterans services shall collect all necessary data and information regarding facilities and services available to veterans, their families and dependents, and shall cooperate with all information or service agencies throughout the state in informing such persons regarding the existence or availability of all educational, training and retraining facilities; health, medical, rehabilitation and housing services and facilities; employment and reemployment services; federal, state and local laws affording rights, privileges and benefits to veterans, their families and dependents, and all other matters of similar, related or appropriate nature.

Backlinks (3)

History (6)

Acts 1945, ch. 40, § 2
C. Supp. 1950, § 1012.9 (Williams, § 1012.11)
impl. am. Acts 1959, ch. 9, § 6
Acts 1975, ch. 249, § 4
T.C.A. (orig. ed.), § 7-1006
Acts 2015, ch. 24, § 7.

§ 58-3-105. Assistance in obtaining benefits.

It shall likewise be the duty of the department of veterans services to assist veterans, their families and dependents in the presentation, proof and establishment of all claims, privileges, rights and other benefits which they may have under federal, state or local laws, and to cooperate with all national, state and local government and private agencies securing services or any benefits to veterans, their families and dependents.

History (6)

Acts 1945, ch. 40, § 3
mod. C. Supp. 1950, § 1012.10 (Williams, § 1012.12)
impl. am. Acts 1959, ch. 9, § 6
Acts 1975, ch. 249, § 5
T.C.A. (orig. ed.), § 7-1007
Acts 2015, ch. 24, § 7.

§ 58-3-106. Branch offices and field services.

(a) The commissioner of veterans services shall establish at some place in each congressional district in this state, a branch office in charge of an assistant commissioner or service officer, and such assistant commissioner or service officer may at least once a month visit the county seat of each county within the assistant commissioner's or service officer's congressional district for the purpose of conferring with and assisting veterans in obtaining the benefits granted to them by this or any other statute of this state or of the United States. In addition thereto, such assistant commissioner or service officer shall actively cooperate with any and all veterans' organizations in each county in the assistant commissioner's or service officer's congressional district in the preparation and presentation of claims on behalf of veterans, and should any county or city or combination thereof provide a service officer to aid honorably discharged veterans, such assistant commissioner or service officer shall likewise actively cooperate with them and shall cooperate with any local organization on questions of placement of veterans in the local employment. Such service officers shall be appointed by the commissioner, with the approval of the governor, and where possible, shall be honorably discharged veterans and shall be as well qualified for the duties imposed on them herein as possible.
(b) The commissioner, from time to time, shall issue instructions, manuals of procedure and other bulletins to such assistant commissioners or service officers for the purpose of familiarizing them with their duties and of rendering them more efficient in the performance thereof. Such assistant commissioners or service officers shall not discriminate for or against any veterans' organization in the performance of any duties and no veteran shall be required to join any veterans' organization as a condition precedent to obtaining cooperation hereunder.
(c) Such service officers or assistant commissioners shall be paid such compensation as may be fixed by the commissioner, upon the approval of the governor, which compensation shall be uniform in all cases so far as possible but in addition thereto, they shall be allowed their necessary traveling expenses when on duty outside the county in which their office is located. Annually, before setting the compensation to be paid to service officers or assistant commissioners, the commissioner shall conduct a survey of the compensation paid to service officers in other states. The commissioner shall consider the results of the survey in setting the compensation of service officers or assistant commissioners.
(d) The commissioner is authorized to rent suitable quarters at some point in each congressional district, if the same cannot be procured otherwise in public buildings, as an office for such assistant commissioner or service officer and may employ in connection therewith as well as in connection with the principal office, such clerical assistance as may be found necessary, all with the approval of the governor, the salaries to be paid to be commensurate with those paid for like services in other departments of the state.
(e) The commissioner may likewise incur such other expenses as may be necessary for the administration of §§ 58-3-104 — 58-3-108, all of the same to be within the appropriation made for the department.
(f) In addition, the commissioner may upon the approval of the governor, establish additional offices in any congressional district where the commissioner finds that one (1) assistant commissioner or service officer is incapable of efficiently handling the volume of work placed upon the commissioner by §§ 58-3-104 — 58-3-108.
(g) For purposes of this section, “congressional district” means a congressional district established based upon the 1990 federal census.

History (10)

Acts 1945, ch. 40, § 5
C. Supp. 1950, § 1012.12 (Williams, § 1012.14)
impl. am. Acts 1959, ch. 9, § 6
impl. am. Acts 1975, ch. 249, §§ 1-3
Acts 1975, ch. 249, § 6
T.C.A. (orig. ed.), § 7-1008
Acts 2004, ch. 553, §§ 1, 2
2006, ch. 748, § 1
2015, ch. 24, § 7
2021, ch. 63, § 1.

§ 58-3-107. Oaths administered by department employees.

The commissioner of veterans services and the assistant commissioners or service officers herein provided shall be authorized to take acknowledgements and administer oaths and affirmations and perform such other notarial acts as may be required in the presentation of claims hereunder, including all affidavits, affirmations and acknowledgements directly or by necessary implication falling within the purview of §§ 58-3-104 — 58-3-108, but not further or otherwise. The commissioner likewise is authorized to designate in writing to be filed with the secretary of state, such additional employees of the department as the commissioner may desire to perform such notarial functions, which writing in case of an employee in the central office shall be filed with the secretary of state, and if in a branch office, shall be filed with the county clerk of the county in which such branch office is located. Any false statement made on oath or affirmation before any of such persons shall subject the offender to punishment for perjury under the penalties now provided by law.

History (8)

Acts 1945, ch. 40, § 7
C. Supp. 1950, § 1012.13 (Williams, § 1012.16)
impl. am. Acts 1959, ch. 9, § 6
impl. am. Acts 1975, ch. 249, §§ 1-3
Acts 1975, ch. 249, § 7
impl. am. Acts 1978, ch. 934, §§ 22, 36
T.C.A. (orig. ed.), § 7-1009
Acts 2015, ch. 24, § 7.

§ 58-3-108. Acceptance of aid by department.

The department of veterans services is authorized to accept services and facilities from any source, public or private, granted in aid and furtherance of the objectives of the department; provided, that no obligation of the department or the state is incurred thereby.

Backlinks (3)

History (6)

Acts 1945, ch. 40, § 8
C. Supp. 1950, § 1012.14 (Williams, § 1012.17)
impl. am. Acts 1959, ch. 9, § 6
Acts 1975, ch. 249, § 8
T.C.A. (orig. ed.), § 7-1010
Acts 2015, ch. 24, § 7.

§ 58-3-109. County and municipal service offices.

(a) The county legislative bodies of the several counties of this state and the governing bodies of each municipal corporation in this state are authorized, jointly or severally, to establish service offices for the purpose of advising veterans of the United States armed forces, and their dependents, of all rights, privileges, immunities and benefits to which they may be entitled under any law, state or federal, and which may be made available to them by private institutions, organizations or individuals and of assisting them in every way possible in obtaining such rights, immunities and benefits. The service offices shall be staffed by accredited veterans' service officers.
(b) Such service offices may be established by joint contract of a county and a municipal corporation; of two (2) or more counties or by contract between one (1) or more counties and one (1) or more municipalities or two (2) or more municipalities.

History (5)

Acts 1945, ch. 38, § 1
C. Supp. 1950, § 1012.15 (Williams, § 1012.18)
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A. (orig. ed.), § 7-1011
Acts 2004, ch. 664, §§ 1-3.

§ 58-3-110. Appropriations for local service offices.

(a) The several county legislative bodies of the counties of this state and the several governing bodies of incorporated municipalities in this state are authorized to appropriate such funds as may be deemed necessary for the operation of such service offices; provided, however, that where such offices be established by appropriate agreement as hereinabove provided, the necessary funds for the operation thereof may be appropriated by the several political subdivisions participating therein in such proportion as may be agreed upon between themselves.
(b)
1. (1) The senior accredited officer serving in a county veterans' service office may receive compensation commensurate to the compensation paid to heads of county government departments of comparable size in the county in which the officer is employed. Such compensation may be prorated to reflect the number of hours that the officer actually works during a specific pay period.
2. (2) Staff personnel employed by the respective veterans' service offices may receive compensation commensurate to the compensation paid to county government employees in comparable positions.

History (5)

Acts 1945, ch. 38, § 2
C. Supp. 1950, § 1012.16 (Williams, § 1012.19)
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A. (orig. ed.), § 7-1012
Acts 2004, ch. 664, § 4.

§ 58-3-111. Director of local service office.

(a) A veterans' service officer shall be chosen by the governing body or bodies of the political subdivision or subdivisions creating the veterans' service office by which the officer is to be employed.
(b) If a veterans' service office is created by contract between two (2) or more political subdivisions, the veterans' service officer shall be approved by the governing body of each subdivision participating in the establishment of the office. If the political subdivisions are unable to agree upon a veterans' service officer, then the officer shall be chosen by the commissioner of veterans services from among the candidates proposed by the political subdivisions.
(c) All veterans' service officers shall be honorably discharged veterans of the United States armed forces. Veterans' service officers shall have the authority to administer oaths and to take acknowledgments related to any matter falling within the scope of authority of their office, including the presentation of claims and other functions incident to obtaining benefits for discharged veterans. No veteran or dependent of a veteran shall be charged any fee for services rendered by a veterans' service officer.
(d) All veterans' service officers shall successfully complete training and be issued accreditation by the department of veterans services within one (1) year from the date of appointment. Any veterans' service officer who does not complete the required training and receive accreditation within one (1) year of appointment shall be removed from office by the governing body or bodies of the political subdivisions creating the veterans' service office by which the officer is employed.

History (8)

Acts 1945, ch. 38, § 3
C. Supp. 1950, § 1012.17 (Williams, § 1012.20)
impl. am. Acts 1959, ch. 9, § 6
impl. am. Acts 1975, ch. 249, §§ 2, 3
T.C.A. (orig. ed.), § 7-1013
Acts 1991, ch. 21, § 1
2004, ch. 664, § 5
2015, ch. 24, § 7.

§ 58-3-112. Free admission to state parks one day a year.

In order to honor the veterans of this state and encourage the use of natural parks across Tennessee, the division of parks and recreation shall designate one (1) day per year during which access to and use of all state parks, including, but not limited to, campgrounds and golf courses, shall be free of charge for all veterans. Each veteran shall be required to show proof of veteran status, which may include, but is not limited to, a DD Form 214 or other comparable certificate of discharge from the armed forces, prior to being granted free admission to any state park.

History (1)

Acts 2010, ch. 807, § 1.

§ 58-3-113. Tennessee Fallen Heroes Medal.

(a) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in action, while:
1. (1) Engaged in an action against an enemy of the United States;
2. (2) Engaged in military support operations involving conflict with an opposing foreign force;
3. (3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or
4. (4) Serving in a combat zone as designated by presidential order.
(b) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in an attack that specifically targets military service members or is carried out by an individual inspired or directed by a foreign terrorist organization.
(c) The recipient's name shall be entered on the medal's case of the Tennessee Fallen Heroes Medal recipient.
(d) Individuals eligible to receive the Tennessee Fallen Heroes Medal include all active duty military who are legal residents of this state or stationed in this state.
(e) The Tennessee Fallen Heroes Medal shall be awarded solely by the governor of this state or the governor's designee to the immediate survivor of the recipient.

History (3)

Acts 2011, ch. 403, § 1
2012, ch. 655, § 1
2016, ch. 581, §§ 1, 2.

§ 58-3-114. Suicide prevention training.

The department of veterans services shall provide training in suicide prevention to the employees of the department who directly interact with veterans. The training provided pursuant to this section must equip employees with the ability to recognize the warning signs of a potential suicide. The department may utilize resources from nonprofit organizations to provide the training required by this section.

History (1)

Acts 2020, ch. 531, § 1.

Chapter 4 War Records and Memorials

Part 1 War Records Bureau

§ 58-4-101. Establishment and duties of bureau.

There is created in the military department a war records bureau, the duties of which shall be to compile and preserve the records of those Tennesseans who have served their state and nation in time of war, to correlate these records as to rank, organization and branch of service, and to furnish to each county in the state a complete list of the residents of that county participating in such war; provided, however, that it shall be the duty of such war records bureau to furnish to the department of veterans services, upon request of such department and without cost to the latter, any and all records which may be in the possession of the war records bureau.

History (7)

Acts 1945, ch. 136, § 1
1947, ch. 86, § 1
C. Supp. 1950, § 1012.6 (Williams, § 1012.8)
impl. am. Acts 1959, ch. 9, § 6
impl. am. Acts 1975, ch. 249, § 3
T.C.A. (orig. ed.), § 7-801
Acts 2015, ch. 24, § 7.

§ 58-4-102. Personnel — Appropriations.

The adjutant general, with the approval of the governor, shall appoint such necessary personnel as may be needed to enable the war records bureau to function efficiently; the compensation of such personnel, to be fixed by the adjutant general, with the approval of the governor, shall be upon the same scale as paid for comparable services in other departments of the state. For the purpose of enabling the bureau to operate, there is appropriated the sum of twenty-five thousand dollars ($25,000) annually.

History (4)

Acts 1945, ch. 136, § 2
1947, ch. 86, § 2
C. Supp. 1950, § 1012.7 (Williams, § 1012.9)
T.C.A. (orig. ed.), § 7-802.

§ 58-4-103. Request for redaction of social security number from official records.

(a) Any veteran of the United States armed forces, or the veteran's surviving spouse, attorney-in-fact, personal representative or court appointed guardian, may request that the war records bureau redact from the official records that are maintained and distributed by the bureau the veteran's social security identification number from those military records if the records are stored in a manner that permits redaction.
(b) The request for redaction of a social security identification number from a military record in the possession of the war records bureau shall be made on a paper writing in a form that is substantially similar to the form that is authorized for use under § 10-7-513. The commissioner of veterans services shall approve a form that meets the requirements of this subsection (b).
(c) The war records bureau has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the removal. Upon receiving the written request, the war records bureau shall act in accordance with the request to redact the social security identification number from a military record in the possession of the bureau. If redaction is requested and is not practicable, the war records bureau shall verbally or by writing explain to the person making the request why redaction is not practicable.

History (2)

Acts 2009, ch. 219, § 1
2015, ch. 24, § 7.

Part 2 Veterans' Memorials

§ 58-4-201. Appropriations by county legislative bodies.

The county legislative bodies are authorized to appropriate, by a roll call and recorded vote, from their respective county treasuries, money to be expended solely in the erection of permanent monuments or buildings or libraries or any other evidence of appreciation of the bravery and valor of soldiers, sailors, and marines, within the respective counties appropriating the same, but not from any special fund heretofore provided by law, to the honor and memory of the living and dead American soldiers, sailors, and marines, collectively, who served in World War I, II, or the War Between the States, but it is expressly provided that no sum in excess of thirty thousand dollars ($30,000) shall be appropriated by any one (1) county for such purpose.

History (9)

Acts 1919, ch. 10, § 1
1919, ch. 41, § 1
1925, ch. 28, § 1
Shan. Supp., § 6054a6
Code 1932, § 10243
Acts 1943, ch. 83, § 1
C. Supp. 1950, § 10243
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A. (orig. ed.), § 7-901.

§ 58-4-202. County monument or building commissioners.

When any county makes any such appropriation, the county legislative body making it shall elect five (5) reputable citizens of the respective county, over eighteen (18) years of age, who shall be known as the county monument or building commissioners, who shall be duly sworn faithfully to discharge their duties as such, and whose duty it shall be to superintend the erection of the monument or building under the general orders and direction of the legislative body; and it is expressly provided that such commissioners shall, when the monument or building has been completed and delivered, forthwith make a full and complete detailed report in writing to the county legislative body in open session, which shall be spread of record in the legislative body, accounting definitely and with detailed particulars for every dollar coming into their hands.

History (7)

Acts 1919, ch. 10, § 3
1919, ch. 41, § 3
Shan. Supp., § 6054a8
Code 1932, § 10245
impl. am. Acts 1971, ch. 162, § 3
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A. (orig. ed.), § 7-902.

§ 58-4-203. Filing of plans — Accounting for funds.

Before any part of any such appropriation shall be paid out of any county treasury, there shall first be filed with the county trustee of the county making the appropriation, plans and specifications of the proposed monument or building or library or other evidence of appreciation, with a detailed estimate of every cost and expense of the same; and it is further provided as an absolute prerequisite to the paying out of any part of any such appropriation that the persons receiving the appropriation, or any part thereof, shall give the trustee detailed vouchers approved by county monument or building commissioners and the county mayor in open court and personally receipted in writing by the payees and duly entered of record in detail in the books of the county clerk, in such manner and form as to clearly and definitely show for what purpose the money was paid and to whom, etc.

History (7)

Acts 1919, ch. 10, § 2
1919, ch. 41, § 2
Shan. Supp., § 6054a7
Code 1932, § 10244
impl. am. Acts 1978, ch. 934, §§ 16, 22, 36
T.C.A. (orig. ed.), § 7-903
Acts 2003, ch. 90, § 2.

§ 58-4-204. Appropriation limited to work and material.

No part of any such appropriation shall be expended for land, fees, or salaries, but shall all be used for the erection of the monument or building, and all such money shall be alone for work on and material entering into the construction of the monument or building.

History (5)

Acts 1919, ch. 10, § 4
1919, ch. 41, § 4
Shan. Supp., § 6054a9
Code 1932, § 10246
T.C.A. (orig. ed.), § 7-904.

§ 58-4-205. Penalty for misappropriation of funds.

Any and all persons accepting the custody or control of any part of any such appropriation provided for, who misappropriates or aids in the misappropriation or willful diversion of any part of the same is guilty of a Class E felony, which penalty may be commuted to six (6) months in the workhouse in the discretion of the court, and shall be fined fifty dollars ($50.00) which, when collected, shall be paid into the county school fund.

History (6)

Acts 1919, ch. 10, § 5
1919, ch. 41, § 5
Shan. Supp., § 6054a10
Code 1932, § 10247
T.C.A. (orig. ed.), § 7-905
Acts 1989, ch. 591, § 76.

§ 58-4-206. Municipal and county memorials.

Each municipality and county of the state is authorized and empowered to erect suitable public memorials and to contract for the erection of such memorials to the services of the members of the armed forces and veterans of the various wars in which Tennesseans have fought. The memorials selected shall be in the form of any public improvement approved as hereinafter provided by the governing body of such municipality or county and may include public buildings, hospitals, schools and auditoriums (but such enumeration shall not limit the discretion of such governing body of the municipality or county in its selection of appropriate memorials).

Backlinks (2)

History (3)

Acts 1945, ch. 131, § 1
C. Supp. 1950, § 1012.18 (Williams, § 1012.21)
T.C.A. (orig. ed.), § 7-906.

§ 58-4-207. Cooperation with federal government.

Each municipality and county of the state acting under §§ 58-4-206 — 58-4-208 is expressly authorized to cooperate with the federal government or any other governmental agencies in the planning, erecting and financing of any memorial hereunder, and is authorized to receive from such governmental agencies, pursuant to any plan of cooperation with such governmental agencies gifts, bounties or grants-in-aid of any character to supplement or entirely finance the cost of any project undertaken pursuant to §§ 58-4-206 — 58-4-208.

History (3)

Acts 1945, ch. 131, § 2
C. Supp. 1950, § 1012.19 (Williams, § 1012.22)
T.C.A. (orig. ed.), § 7-907.

§ 58-4-208. Borrowing power — Bonds.

Each municipality and county of the state, acting by and through its governing body, is authorized to borrow money and to issue and sell bonds of such municipality or county pursuant to title 9, chapter 21 for the purpose of providing the funds necessary to carry out the purposes of §§ 58-4-206 — 58-4-208.

Backlinks (2)

History (4)

Acts 1945, ch. 131, § 3
C. Supp. 1950, § 1012.20 (Williams, § 1012.23)
T.C.A. (orig. ed.), § 7-908
Acts 1988, ch. 750, § 65.

Part 3 P.O.W.-M.I.A. Recognition

§ 58-4-301. Display of P.O.W.-M.I.A. flag over state capitol.

(a)
1. (1) On days that neither house of the general assembly is in session during the month of September, the P.O.W.-M.I.A. flag must be displayed over the state capitol in accordance with § 4-1-406(a), on any day the United States flag is displayed, in order to increase public awareness of the P.O.W.-M.I.A. issue and to gain public support for the efforts of the United States government to resolve this matter.
2. (2) Beginning June 30, 2017, the P.O.W.-M.I.A. flag must be displayed daily below the United States flag in War Memorial Plaza and in Vietnam Veterans Park.
(b) In addition to the requirements of subsection (a), the P.O.W.-M.I.A. flag may be displayed over the state capitol, in accordance with § 4-1-406(a), on any day the United States flag is displayed over the state capitol.
Backlinks (1)
- 58-4-302(b)

History (4)

Acts 1994, ch. 713, § 1
2006, ch. 857, § 1
2011, ch. 238, § 1
2017, ch. 437, § 1.

§ 58-4-302. Donations of P.O.W.-M.I.A. flags.

(a) Any individual or group may donate a P.O.W.-M.I.A. flag to a county, municipal or state government for the display of the flag pursuant to this part.
(b) In addition to the display of the flag over the state capitol pursuant to § 58-4-301(b), the P.O.W.-M.I.A. flag may be displayed by a county or municipal government at the following buildings on any day the United States flag is displayed:
1. (1) The courthouse or other building that serves as the main administrative building of the county; or
2. (2) The building that serves as the city or town hall or main administrative building of the municipality.
(c) If the flag is displayed, it shall be displayed in accordance with § 4-1-406(a).

Backlinks (1)

58-4-306

History (2)

Acts 1994, ch. 713, § 1
2011, ch. 238, § 2.

§ 58-4-303. Display and maintenance of flags.

If a P.O.W.-M.I.A. flag is donated for display to and is displayed by the state, county or municipal government in accordance with this part, it shall be raised and lowered at the same time, and maintained in the same manner, as the state and United States flags. The county, city, or state government will utilize current flag poles and halyard to display the P.O.W.-M.I.A. flag.

History (2)

Acts 1994, ch. 713, § 1
2011, ch. 238, § 3.

§ 58-4-304. Hours of display — Flag design.

The P.O.W.-M.I.A. flag, which depicts a prisoner's profile against the background of a P.O.W. watchtower, if displayed, shall be displayed in accordance with this part during normal business hours.

Backlinks (1)

58-4-306

History (2)

Acts 1994, ch. 713, § 1
2011, ch. 238, § 4.

§ 58-4-305. “Public building” defined.

For purposes of this part, “public building” is defined according to § 68-120-203.

History (1)

Acts 1994, ch. 713, § 1.

§ 58-4-306. Welcome centers.

The P.O.W.-M.I.A. flag, as described in § 58-4-304, may be displayed at each welcome center operated by the department of tourist development, and, if so displayed, shall be third in order on the flagpole after the flag of the United States of America and the Tennessee state flag. When the P.O.W.-M.I.A. flag is so displayed, it shall be displayed during the same hours and maintained in the same manner as the flag of the United States of America and the Tennessee state flag are displayed and maintained at the respective welcome centers operated by the department of tourist development, notwithstanding § 58-4-304 to the contrary. Flags displayed pursuant to this section shall be donated in accordance with § 58-4-302 and no state funds shall be expended to purchase the flags.

History (1)

Acts 2006, ch. 857, § 2.

Chapter 7 State Veterans' Homes

§ 58-7-101. Establishment — Purpose — Funding requirements.

(a) There shall be public homes for veterans in Tennessee known as “Tennessee state veterans' homes.”
(b) The primary purpose of the homes shall be to provide support and care for honorably discharged veterans who served in the United States armed forces.
(c) These homes shall be established and operated only if federal veterans' administration funds are available to meet a substantial part of any construction costs incurred in the establishment of such homes.
(d) Additionally, each state veterans' home established pursuant to this chapter must be eligible for and receive the veterans' administration per diem payments available to qualified residents in accordance with applicable federal regulations.

History (1)

Acts 1988, ch. 899, § 1.

§ 58-7-102. State veterans' homes board.

(a)
1. (1) There is hereby created a body, politic and corporate, to be known as the “Tennessee state veterans' homes board.”
2. (2) The board, a political subdivision and instrumentality of the state, shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and shall be deemed to be serving a public purpose and improving and otherwise promoting their health, welfare, and prosperity.
(b) The board shall consist of thirteen (13) members. The commissioner of veterans services and the commissioner of finance and administration shall be ex officio, voting members of the board. A commissioner may designate a staff member to attend meetings of the board or its committees and to exercise the commissioner's right to vote in the commissioner's absence. The designation shall be made in writing to the chair of the board. The remaining eleven (11) members shall be appointed by the governor. At least three (3) members shall be appointed from each of the three (3) grand divisions. All appointments shall be subject to review by the joint select committee on veterans services of the general assembly. Initial appointments to the board shall be for one (1), two (2) and three (3) years, respectively. Thereafter, all appointed members shall serve three-year terms. Each member must be a citizen of the state. One (1) member shall be a nursing home administrator at the time of the member's appointment and shall be experienced in the financial operations of nursing homes. One (1) member shall have clinical experience in nursing homes. The remaining members shall be honorably discharged veterans of the United States armed forces. Veteran members shall be appointed from nationally chartered service organizations that have departments in this state. The board shall be composed of members representing different organizations as well as different branches of the armed forces.
(c) Appointed members of the board may be removed for cause by the governor.
(d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term.

Backlinks (1)

4-29-247(a)(65)

History (3)

Acts 1988, ch. 899, § 2
2008, ch. 1137, §§ 1, 2
2015, ch. 24, § 7.

§ 58-7-103. Powers and duties of board.

(a) The board shall elect a chair from among its members. The chair shall be a citizen of the state and an honorably discharged veteran of the United States armed forces. The chair shall serve a two-year term. A chair may be reelected; provided, that no person shall serve as chair for more than two (2) consecutive terms.
(b) The board shall also select other officers as the board finds necessary and appropriate. The positions are for a period of one (1) year, but members may be reelected to serve additional terms; provided, that no person shall serve for more than two (2) consecutive terms.
(c) The board, pursuant to applicable state and federal law, is hereby vested and charged with those powers and duties necessary and proper to enable it to fully and effectively carry out this chapter, including, but not limited to:
1. (1) The authority to determine the location of the Tennessee state veterans' homes. In selecting the sites, preference shall be given to publicly owned land. Land for the sites may be purchased only if suitable publicly owned land is not available;
2. (2) The duty to adopt written policies and procedures to govern its internal operations;
3. (3) The authority to acquire, in the name of the board, real or personal property or any interest therein, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise;
4. (4) The authority to hold, sell, assign, lease, rent, encumber, mortgage or otherwise dispose of any real or personal property, or any interest therein, or mortgage interest owned by it or in its control, custody or possession and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including threat of foreclosure;
5. (5) The authority to incur debts, to borrow money, to issue debt instruments and to provide for the rights of the holders thereof;
6. (6) The authority to procure insurance against any loss in connection with its property and other assets in amounts and from insurers which it deems desirable;
7. (7) The authority to have employees authorized by the Tennessee state veterans' homes board solicit and receive bequests and donations for:
  1. (A) The improvement of the general comfort and welfare of the members of the home or homes; or
  2. (B) The future construction of a new home or homes;
8. (8) The authority to seek advice from the United Tennessee Veterans' Association (UTVA);
9. (9) The authority to seek assistance from the commissioner of finance and administration, the comptroller of the treasury, the state treasurer, and other state agencies;
10. (10) Do other acts necessary or convenient to exercise the powers granted or reasonably implied in this section;
11. (11) The authority to provide guidance to future administrators at state veterans' nursing homes based upon the collective institutional memory of the state veterans' homes board; and
12. (12) The authority to notify members of the general assembly and appropriate persons in the executive branch of potential problems in state veterans' nursing homes.

History (4)

Acts 1988, ch. 899, § 3
2008, ch. 1137, §§ 3, 4
2016, ch. 856, § 1
2019, ch. 113, § 3.

§ 58-7-104. Creation of executive committee — Duties.

(a) There is created an executive committee of the board. The executive committee shall be composed of three (3) members of the board. One (1) member shall be the commissioner of finance and administration. The remaining two (2) members shall be elected by the board subject to the qualifications that one (1) member shall be either a nursing home administrator at the time of the member's appointment or someone who has clinical experience in nursing homes, and one (1) member who shall be the chair of the board.
(b) The executive committee shall be responsible for the oversight of the day-to-day management and operation of state veterans' homes, including, but not limited to:
1. (1) The authority to employ an executive director and other employees and to incur expenses as may be necessary for the proper discharge of its duties;
2. (2) The authority to establish policies regarding the rates for patient care while in a state veterans' home; and
3. (3) The authority to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts for the operation of the state veterans' homes. All contracts that pertain to the acquisition and improvement of real property pursuant to § 4-15-102 must be approved in advance by the building commission and must be approved by the board. Contracts for services must also be approved in advance pursuant to [former] § 12-4-109 [repealed].
(c) The executive director shall be appointed by the executive committee subject to review by the full board. The compensation of the executive director shall be established by the executive committee. The executive director shall be subject to an annual review and shall serve at the pleasure of the executive committee.
(d) The executive committee shall file a quarterly report with the fiscal review committee concerning the operations of each state veterans' nursing home. The report shall be filed within fifteen (15) business days following the end of each calendar quarter and include information for the three-month period. The report shall include detailed information concerning the extent to which each state veterans' nursing home is in compliance with state and federal law, as well as all actions taken by the executive committee to ensure compliance with the requirements of this chapter. The report shall also include any specific information requested by the chair of the fiscal review committee.

History (2)

Acts 1988, ch. 899, § 4
2008, ch. 1137, § 5.

§ 58-7-105. Reimbursement of board members.

Members of the board shall not be compensated for services rendered to the homes, but will be compensated for necessary expenses incurred by a member in the performance of the member's official duties. All reimbursement for travel expenses shall be in accordance with the policies and guidelines approved by the board, but shall not exceed the maximum reimbursement for travel expenses allowed by the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History (1)

Acts 1988, ch. 899, § 5.

§ 58-7-106. Conflicts of interest.

If any matter before the board involves a project, transaction, or relationship in which a member or the member's associated institution, business or board has a direct or a conflicting interest, the member shall make known to the board that interest and shall be prohibited from participating in discussions and voting on that matter.

History (1)

Acts 1988, ch. 899, § 6.

§ 58-7-107. Incurrence of debt.

(a) Prior to the adoption of any resolution or other action of the veterans' homes board authorizing the incurrence of debt or the borrowing of funds or entering into any contract or other arrangement for the planning or preparation for the incurrence of debt or the borrowing of funds, the veterans' homes board shall review such plans with the office of the comptroller of the treasury or the comptroller's designee.
(b) The state funding board is authorized to contract or to make other arrangements as it may deem necessary to provide for the issuance of such debt of the veterans' homes board, or in the state funding board's discretion, the veterans' homes board may enter into such contracts or other arrangements; provided, however, that any contract or arrangement entered into for the purpose of the issuance or incurrence of debt shall be subject to the approval of the state funding board.
(c) Any resolution or other action of the veterans' homes board authorizing the issuance or incurrence of debt shall be submitted to the state funding board, and such resolution or other action shall only become effective upon receiving the approval of the state funding board.
(d) Any instrument or document evidencing the debt or borrowing of funds by the veterans' homes board shall contain on the face thereof a statement to the effect that the debt or obligation is not a debt of the state, but is payable solely from revenues and moneys pledged to the payment thereof.

History (2)

Acts 1988, ch. 899, § 7
2010, ch. 868, § 82.

§ 58-7-108. Disposition of funds.

The administrator of each home shall deposit with the state treasurer funds paid by veterans for their maintenance, funds received from the United States treasury and other funds given or granted to the home, including state funds. Such funds may be invested in the local government investment pool pursuant to title 9, chapter 4, part 7. The board is authorized to accept funds from any source whatever, including the federal government or any department or board thereof. All such funds received by the board for such state veterans' homes, including funds from the United States government or any federal board or program for the support of persons housed on the grounds of state veterans' homes, shall be used by the board to pay maintenance, operational and administrative expenses, and to further the objectives and purposes of the state veterans' homes. The board may establish such bank accounts pursuant to § 9-4-302 as are necessary for the efficient management of the homes.

History (1)

Acts 1988, ch. 899, § 8.

§ 58-7-109. Annual report.

The board shall make an annual report to the governor and to members of the government operations committees of the senate and the house of representatives and the joint select committee on veterans services. This report shall contain an accounting of all money received and expended, statistics on members who resided in the home during the year, recommendations to improve state veterans' homes and such other matters as the board deems pertinent.

History (2)

Acts 1988, ch. 899, § 9
2008, ch. 1137, § 6.

§ 58-7-110. Plan of operation.

At least thirty (30) days prior to the beginning of each fiscal year, the board shall submit a plan of operation for review and approval to the commissioner of veterans services, the commissioner of finance and administration and the comptroller of the treasury. The plan of operation shall be in such form as may be required by the state officials enumerated in this section and shall include, but not be limited to, a budget for operating and capital expenditures and appropriate policies and procedures adopted by the board to govern the expenditure of these funds. The plan of operation may be amended during a fiscal year with the written approval of the commissioner of veterans services, the commissioner of finance and administration and the comptroller of the treasury.

History (2)

Acts 1988, ch. 899, § 10
2015, ch. 24, § 7.

§ 58-7-111. Annual audit.

The comptroller of the treasury shall make an annual audit of the program established by this chapter as part of the comptroller's annual audit pursuant to § 9-3-211.

History (1)

Acts 1988, ch. 899, § 11.

§ 58-7-112. Application for federal grant — Other preparatory actions.

It is the intention of the general assembly that, in establishing state veterans' homes, the state shall apply for a grant from the United States veterans' administration and/or obtain its approval for leasing existing facilities pursuant to Public Law 95-62 (38 U.S.C. §§ 5031-5037). The department of veterans services is hereby authorized to submit such an application or applications on behalf of the board and take other preparatory actions to identify existing facilities for lease or purchase and process the necessary requests for proposals to a point so that contract negotiations could begin with the board when it is established.

History (2)

Acts 1988, ch. 899, § 12
2015, ch. 24, § 7.

§ 58-7-113. Bed occupancy.

(a) Twenty-five percent (25%) of the bed occupants at any one (1) time of state veterans' homes authorized by this part may be veteran-related family members, i.e. spouses, surviving spouses, gold star parents and dependent children.
(b) When a state veterans' home accepts grant assistance for a construction project, seventy-five percent (75%) of the bed occupants at that facility as a whole must be veterans.

History (1)

Acts 1989, ch. 17, § 2.

§ 58-7-114. Death of resident — Notice to guardian or next of kin — Disposition of personal property.

(a) Upon the death of a resident of a Tennessee state veterans' home, the administrator of the home shall promptly give notice of such death to the guardian or next of kin of such resident.
(b) The administrator, executor or personal representative of the deceased person, or if there be none, one (1) or more of the heirs at law or next of kin, shall be notified by registered mail of any personal property owned by the deceased and left at the home at the time of the resident's death. Notice of an administrator, executor or personal representative shall be directed to the probate court of the county wherein the administrator, executor or personal representative is qualified to administer the estate of the deceased. Notice to the next of kin or heirs at law shall be addressed to the last known address of such person or persons.
(c) The administrator of the home shall thereafter keep such personal property for twelve (12) months following the date of such notice or notices, at the expiration of which time, if it has not been claimed, the administrator shall sell or otherwise dispose of the property, with the approval of the state veterans' home foundation, incorporated, and deposit the proceeds from such sale or disposition in a fund, maintained under the supervision of the administrator for the purpose of providing needy patients or residents in the institution with comforts and necessities they are unable to provide for themselves.
(d) If, after diligent search and inquiry, the name of none of the persons required to be notified in subsection (b) can be ascertained so that the required notice cannot be given, or the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner, any property owned and left by any deceased resident in the home shall be kept for twelve (12) months after the death of the resident and if unclaimed, be disposed of as provided in subsection (c).
(e) When any resident otherwise leaves the home, and leaves any personal property in the home, the administrator shall promptly notify such former resident by registered mail addressed to the resident's last known address of the fact that property belonging to the resident has been left at the home. Such property shall be kept for twelve (12) months from the date of the notice and if not claimed at the expiration of that time, disposed of as provided in subsection (c).

History (1)

Acts 1993, ch. 302, § 1.

Chapter 8 Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004

§ 58-8-101. Short title.

This chapter shall be known and may be cited as the “Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004.”

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Activities under service agreements” means day-to-day cooperation and activities based upon interlocal service or operational agreements or contracts between or among governmental entities;
2. (2) “Aid” means the same as assistance, except that aid is provided in an occurrence during any period of time when a state of emergency has not been declared;
3. (3) “Assistance” means the provision of personnel, equipment, facilities, services, supplies, and other resources to assist in firefighting, law enforcement, the provision of public works services, the provision of emergency medical care, the provision of civil defense services, or any other emergency assistance one governmental entity is able to provide to another in response to a request for assistance in a municipal, county, state, or federal state of emergency;
4. (4) “Disaster” means any natural, technological, or civil emergency that results in substantial injury or harm to the population or substantial damage to or loss of property of sufficient severity and magnitude that there is a declaration, resulting from the emergency, of a disaster by the governor under state law or the president under federal law;
5. (5) “Emergency” means an occurrence or threat of an occurrence, whether natural or man-made, that results in or may result in substantial injury or harm to the population or substantial damage to or loss of property and which results in a declaration of a state of emergency by a municipal mayor, a county mayor or executive, the governor, or the president;
6. (6) “Emergency assistance” means assistance provided by a participating governmental entity to another under this chapter;
7. (7) “Emergency management employee or official” means an employee or official of a governmental entity with the authority to request aid;
8. (8) “Employee” means paid, volunteer, and auxiliary personnel and emergency management workers of a governmental entity;
9. (9) “Governmental entity” means any political subdivision of the state, including, but not limited to, any incorporated city or town, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving public funds and recognized under title 68, chapter 102, part 3, rescue squad, human resource agency, public building authority, airport authority, and development district, or any instrumentality of government created by one (1) or more of these named governmental entities or the general assembly, or any entity otherwise recognized by state law as a local governmental entity;
10. (10) “Occurrence” means the imminent threat of an event or an actual event and its aftermath, whether natural or man-made, that could lead to or results in bodily injury or property damage;
11. (11) “Participating governmental entity” means any governmental entity in the state that requests or responds to a request for aid or assistance under this chapter;
12. (12) “Responding party” means a governmental entity that has received and responded to a request to provide mutual aid or assistance to another governmental entity under this chapter; and
13. (13) “Requesting party” means a governmental entity that requests aid or assistance from another governmental entity under this chapter.

History (2)

Acts 2004, ch. 743, § 1
2024, ch. 641, §§ 1, 2.

§ 58-8-103. Governance — Agreements to provide aid and assistance — Service and operational agreements — Purpose — Construction with other laws.

(a) On and after July 1, 2004, the provision and receipt of mutual aid and assistance by participating governmental entities shall be governed by this chapter, and no separate agreement is necessary except with regard to aid or assistance provided to entities in other states, aid or assistance provided between nongovernmental utilities and governmental entities, and governmental entities that decide to provide aid and assistance under a separate agreement. Governmental entities may choose by resolution of their governing bodies to continue agreements existing on July 1, 2004, until they expire or are terminated in accordance with their terms. Governmental entities may also by resolution extend existing agreements or make new agreements relative to mutual aid and assistance after July 1, 2004. When there is an agreement between or among governmental entities, that agreement and applicable authorizing law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party governing mutual aid or assistance, this chapter applies to both parties.
(b) It is not the intent of this chapter to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under § 5-1-113; § 5-1-114; § 5-16-107; § 5-19-106; § 6-54-307; § 6-54-601; title 12, chapter 9; title 49, chapter 2, part 13; or other applicable law.
(c) The purposes of this chapter are to authorize mutual aid during any occurrence and to enhance public safety and homeland security by facilitating assistance among governmental entities in any state of emergency or declared disaster while conforming to federal guidelines relative to reimbursement of costs for assistance rendered.
(d) Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law.

History (3)

Acts 2004, ch. 743, § 1
2009, ch. 388, § 2
2024, ch. 641, § 3.

§ 58-8-104. Declaration of local state of emergency — Cost reimbursement — Evacuation orders.

(a) The mayor of a municipality or the mayor or county executive of a county or metropolitan government may declare a local state of emergency affecting such official's jurisdiction by executive order consistent with and governed by § 58-2-110(3)(A)(v).
(b) The mayor or executive of any municipality or county, or such official's designee, may declare a state of emergency for such official's municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions.
(c) The declaration of a state of emergency by a jurisdiction entitles the responding party or parties to cost reimbursement as provided in § 58-8-111. The requesting party is required to make this reimbursement to the responding party or parties.
(d) The municipal mayor or county mayor or executive may declare the state of emergency at any time during the imminent pendency or happening of the occurrence.
(e) If a county mayor or the executive of a county declares a local state of emergency in accordance with subsection (a), the county mayor or the executive of the county may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire unincorporated area of the county or any portion thereof.
(f) If a mayor or the executive of a municipality or metropolitan government declares a local state of emergency in accordance with subsection (a), the mayor or the executive of the municipality or metropolitan government may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire incorporated area of the municipality or metropolitan government, or any portion thereof.
(g) A person who willfully violates an order issued under subsection (e) or (f) commits a Class C misdemeanor.

Backlinks (1)

58-8-105(a)

History (2)

Acts 2004, ch. 743, § 1
2018, ch. 868, § 1.

§ 58-8-105. Request for aid and assistance — Confirmation — Request for mutual aid for emergency medical services.

(a) When a governmental entity is affected by an occurrence that its resources will not be adequate to handle, the governmental entity may request aid through the appropriate emergency management employee or official, or a county or municipality may declare a local state of emergency as provided in § 58-8-104 and request assistance by communicating the request to a potential responding party or multiple potential responding parties. Requests for aid or for assistance must be made by the appropriate official or employee to the emergency communications dispatch center of potential responding parties or other officials authorized by the potentially responding party to respond to requests under this chapter.
(b) Each request for aid or assistance may be made verbally and should, to the extent possible, include the following:
1. (1) A statement that an occurrence is imminent, in progress, or has occurred. The statement should also indicate whether a declaration of a state of emergency has been made and give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected;
2. (2) Identification of the service functions for which aid or assistance is needed and the particular type of aid or assistance needed;
3. (3) The amount of personnel, equipment, materials, and supplies needed; and
4. (4) An estimated time and place for a representative of the requesting party to meet the responding party.
(c) Each request for aid or assistance may include the following if known or necessary:
1. (1) An estimate of the amount of time, aid, or assistance that will be needed.
2. (2) Identification of the types of infrastructure for which aid or assistance is needed, e.g., water and sewer, streets, gas, electric, or other infrastructure; and
3. (3) Identification of the need for sites, structures, or other facilities outside the requesting party's jurisdiction to serve as relief centers or staging areas for incoming emergency goods or services.
(d) All requests for assistance shall be confirmed in writing to the responding party or parties within thirty (30) days of the initial request. Parties shall keep records of all requests made for assistance under this chapter.
(e) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to request mutual aid for emergency medical services provided under title 68, chapter 140, from the emergency communications dispatch center of a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency.
Backlinks (1)
- 58-8-107(d)

History (2)

Acts 2004, ch. 743, § 1
2012, ch. 906, § 1.

§ 58-8-106. Sending personnel and equipment outside jurisdiction.

Any participating governmental entity may, upon receiving a request for mutual aid in an occurrence or for assistance from a requesting party in a municipal, county, state, or federal state of emergency, send its personnel and equipment outside its boundaries and into any other jurisdiction necessary to respond to the request.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-107. Discretion of participating entities to respond — Withdrawal of aid or assistance — Mutual aid for emergency medical services.

(a) This chapter does not create a duty on participating governmental entities to respond to a request for aid or assistance nor to stay at the scene of an occurrence or emergency for any length of time. Upon receipt of a request for aid or assistance, a potential responding party shall determine whether and to what extent it will provide the aid or assistance. If the potential responding party determines in its complete discretion that it is not in its best interest to provide aid or assistance, it shall notify the requesting party of its decision as soon as possible. If the potential responding party determines that aid or assistance can be provided, it shall communicate the following information to the requesting party as soon as possible:
1. (1) A description of what personnel, equipment, and other resources it will provide;
2. (2) An estimate of the length of time aid or assistance will be available; and
3. (3) An estimated time of arrival at the scene or designated meeting place.
(b) The responding party may withdraw aid or assistance at any time. The responding party shall notify the requesting party as soon as possible of any decision to withdraw aid or assistance.
(c) The provisions of this section that require certain actions are directory rather than mandatory and do not create a public or special duty on the part of any participating governmental entity.
(d) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to respond to a request for mutual aid for emergency medical services under § 58-8-105(e) from a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency. A county is authorized to enter into a mutual aid agreement under title 12 to permit routine and automatic approval of and response to such requests.

History (2)

Acts 2004, ch. 743, § 1
2012, ch. 906, § 2.

§ 58-8-108. Command of the scene — Delegation of command.

The representative or representatives of the requesting party authorized to be in charge of emergency response at the scene shall be in command at the scene as to strategy, tactics, and overall direction of the operations. The requesting party may delegate command as needed. Generally accepted incident command procedures shall be implemented and followed. The responding party shall designate supervisory personnel for its employees sent to render aid or assistance. All orders or directions regarding the operations of the responding party shall be relayed to the responding party through these designated supervisory personnel unless a different arrangement is determined by the parties in the field to be more advantageous.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-109. Scope of authority — Workers' compensation coverage — Liability.

(a) When employees of the responding party are sent from the employing jurisdiction to another jurisdiction or jurisdictions in response to a request for aid or assistance under this chapter, they have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they normally function.
(b) Employees of the responding party will be considered as the responding party's employees at all times while performing their duties under this chapter for purposes of the workers' compensation law and for that purpose will be considered as acting within the course and scope of their employment with the responding party.
(c) Under § 29-20-107(f), for liability purposes only, employees of the responding party are to be considered employees of the requesting party while performing their duties under this chapter at the scene of the occurrence or emergency or other locations necessary for the response while under the supervision of the requesting party. At all other times in the response, including traveling to the scene and returning to the employing jurisdiction, such employees are to be considered for liability purposes to be employees of the responding party.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-110. Immunity.

Nothing in this chapter shall be construed to remove any immunity from, defenses to, or limitation on liability provided by the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, or other law.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-111. Responsibility for costs — Eligibility for reimbursement — Wages — Use of equipment, materials and supplies — Records and invoices.

(a) Except as provided in this section, the requesting party shall pay the responding party all documented costs incurred by the responding party in extending assistance to the requesting party under this chapter. The requesting party is ultimately responsible for reimbursement of all eligible expenses, not to exceed the federal emergency management agency's (FEMA) reimbursement fee schedules.
(b) Eligibility for reimbursement begins immediately upon the declaration of the state of emergency. The responding party is entitled to receive payment for one-half (½) its reimbursable costs for the first six (6) hours of its response after the state of emergency is declared. The responding party is entitled to one hundred percent (100%) reimbursement of eligible costs incurred after six (6) hours are exceeded. Time periods for the response subject to reimbursement shall be calculated from the time the state of emergency is declared or the time the responding party leaves its jurisdiction, whichever occurs later, to the time it returns. Reimbursement of personnel, equipment, and materials and supply costs are all subject to the limitations of this subsection (b).
Backlinks (1)
- 58-8-115(a)
(c) During the period of assistance, the responding party shall continue to pay its employees according to then-prevailing wages, including benefits and overtime. The requesting party shall reimburse the responding party for all direct and indirect payroll costs, including travel expenses, incurred during the period of assistance, including but not limited to, employee retirement benefits as determined by generally accepted accounting principles. The requesting party is not responsible for reimbursing any amounts paid or due as benefits to responding party's personnel under the terms of the Tennessee Workers' Compensation Act, compiled in title 50, chapter 6.
Backlinks (1)
- 58-8-115(b)
(d) The requesting party shall reimburse the responding party for the use of its equipment during the period of assistance according to the FEMA fee schedules for hourly rates. For instances in which the costs are reimbursed by FEMA, eligible direct costs shall be determined in accordance with 44 CFR 206.228.
(e) The requesting party shall reimburse the responding party for all material and supplies furnished by it and used or damaged during the period of assistance, except for the cost of equipment, fuel, and maintenance materials, labor, and supplies, which shall be included in the equipment rate unless it is damaged and the damage is caused by the gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the responding party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR Part 13 and applicable office of management and budget (OMB) circulars.
(f) The responding party shall maintain records and submit invoices for reimbursement by the requesting party. For instances in which costs are reimbursed by FEMA, the requesting party must submit requests for reimbursement to the Tennessee emergency management agency (TEMA) on forms required by federal emergency management publications, including 44 CFR Part 13 and applicable OMB circulars. The reimbursement request shall include the certification or level of training of the personnel who responded and the type of equipment that was sent.
(g) The responding party shall forward the reimbursable costs with an itemized invoice to the requesting party as soon as possible, but no later than sixty (60) days after the provision of assistance has ended.
(h) Nonparticipating governmental entities and participating governmental entities that have separate agreements with nonparticipating governmental entities, may by agreement provide for different reimbursement provisions.
(i) The preceding provisions of this section do not apply to aid or assistance provided under § 58-2-113 at the request of TEMA. Reimbursement of costs for aid or assistance provided in these situations is governed by § 58-2-113 and any other applicable provisions of chapter 2 of this title.

Backlinks (2)

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-112. Existing mutual aid agreements.

Governmental entities that are parties to existing mutual aid agreements may by resolution of their governing bodies determine to continue to operate under those agreements until they expire or are terminated. If a governmental entity does not affirm the continued existence of the agreement, it shall expire on July 1, 2004, and this chapter applies. If the governmental entity affirms an agreement, the terms of the agreement and applicable authorizing law will continue to govern activities under the agreement. Mutual aid agreements between Tennessee governmental entities and governmental entities in other states are not affected by this chapter and continue to be authorized and governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law. Except for the continuation of existing agreements as provided in this section, any new agreements made after July 1, 2004, and aid or assistance provided at the request of TEMA under § 58-2-113, this chapter is the exclusive method for providing mutual aid and emergency assistance between governmental entities.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-113. Authority to provide aid or assistance in any area of the state.

In addition to any other authority provided by this chapter, any governmental entity may provide aid or assistance in any area of the state to any state or federal agency upon request by the state or federal agency, and the governmental entity and its employees will be subject to the same protections and immunities they have under this chapter in furnishing aid or assistance to other governmental entities. This section and any other portion of this chapter are in addition to and not in substitution for, and do not diminish, the authority provided in § 58-2-113 or any other law that authorizes a local governmental entity to respond to a request for aid or assistance from TEMA or any other state or federal agency. Nothing in this chapter shall be construed to require that employees of the responding party are to be considered employees of the state or any of its agencies for any purpose.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-114. Recognition and enforcement of laws regarding tort liability.

When any other state provides that it will recognize and enforce the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, and other Tennessee laws governing the tort liability of Tennessee's governmental entities and their employees in any case brought in that state's courts against the governmental entity or its employees arising from aid or assistance provided by a Tennessee governmental entity in that state, Tennessee shall recognize and enforce that state's laws relative to the tort liability of its political subdivisions and their employees and agents in any case brought in a Tennessee court against the political subdivision or its employees and agents arising from aid or assistance provided by the political subdivision of that state in Tennessee.

History (1)

Acts 2004, ch. 743, § 1.

§ 58-8-115. Reimbursement of eligible costs to governmental utility system.

(a) Notwithstanding § 58-8-111(b), a governmental utility system that is a responding party is eligible for reimbursement and entitled to one hundred percent (100%) reimbursement of eligible costs after the state of emergency is declared.
(b) For purposes of a governmental utility system that is a responding party, “then-prevailing wages, including benefits and overtime” in § 58-8-111(c) means the present wage structure, including benefits and overtime, of the governmental utility system that is a responding party.
(c) For purposes of this section, “governmental utility system” means a governmental entity that provides electric, gas, sewer, water, wastewater, telephone, cable or other like service, or any combination of these services, and is limited to these operations of the governmental entity and does not extend to other operations or functions of the governmental entity.
(d) Notwithstanding § 58-8-111, governmental utility systems and nongovernmental utilities that enter into mutual assistance agreements for the purposes of providing aid or assistance to one another are eligible for reimbursement of all out-of-pocket costs incurred by the responding party.

History (2)

Acts 2004, ch. 743, § 1
2009, ch. 388, § 1.

Chapter 9 West Tennessee Seismic Safety Commission

§ 58-9-101. Creation of commission — Composition — Quorum — Terms of office — Compensation — Information and services from the center for earthquake research and information.

(a) There is created the west Tennessee seismic safety commission, which shall be attached administratively to the University of Memphis.
(b) The commission shall consist of twelve (12) members, to be appointed as follows: two (2) members chosen by the speaker of the house of representatives, two (2) members chosen by the speaker of the senate and eight (8) members appointed by the governor. The members shall include persons who represent the following professional areas: architecture, fire protection, public utilities, engineering, geology or seismology, local government, insurance, business, emergency health services, nonprofit emergency assistance, local education and emergency management.
(c) The commission shall annually elect a chair and vice chair from its membership. A quorum shall consist of seven (7) members. All commission members shall be residents of the state and shall have reasonable knowledge of issues relating to earthquakes.
(d) The term of office for each member of the commission shall be four (4) years, except that of the initial appointments, six (6) members shall be appointed for terms of two (2) years and six (6) members shall be appointed for terms of four (4) years. Any member may be removed from office by the governor for cause. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment for the unexpired term.
(e) Each member of the commission shall serve without compensation, but shall receive compensation for travel expenses. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(f) The center for earthquake research and information, created by § 49-8-602, is authorized and directed to provide any information or services requested by the commission.

History (1)

Acts 2006, ch. 905, § 2.

§ 58-9-102. Authority of commission.

The commission shall have the authority to:
1. (1) Accept grants, contributions and appropriations from public agencies, private foundations or individuals;
2. (2) Appoint committees from its membership, appoint advisory committees from interested public and private groups, and appoint ex officio members, to advise the commission, who shall not be entitled to vote;
3. (3) Contract for or employ, subject to appropriations made for that purpose, any professional and research services required by the commission or required for the performance of necessary work and services that, in the commission's opinion, cannot satisfactorily be performed by its officers and employees or by other federal, state or local governmental agencies;
4. (4) Enter into agreements to act cooperatively with private nonprofit scientific, educational or professional associations or foundations engaged in promoting seismic safety in Tennessee; and
5. (5) Do any and all other things necessary to carry out the purposes of this chapter.

History (1)

Acts 2006, ch. 905, § 3.

§ 58-9-103. Comprehensive program to prepare for responding to a major earthquake.

The commission shall initiate, with the assistance and participation of other state, federal and local government agencies, a comprehensive program to prepare the state for responding to a major earthquake. The program shall be implemented in order to create specific tools or products to be used by governments in responding to an earthquake, such as educational materials for citizens. This program may be implemented on a prototypical basis in one (1) area of the state affected by earthquake predictions; provided, that the program is useful for application in other areas of the state upon its completion.

History (1)

Acts 2006, ch. 905, § 4.

§ 58-9-104. Commission responsibilities.

The commission is responsible for all of the following in connection with earthquake hazard mitigation:
1. (1) Setting goals and priorities in the public and private sectors;
2. (2) Requesting appropriate state agencies, including the emergency management agency, to devise criteria to promote earthquake and disaster safety;
3. (3) Recommending program changes to state agencies, local agencies and the private sector where the changes would improve earthquake hazards and reduction;
4. (4) Reviewing the recovery and reconstruction efforts after damaging earthquakes;
5. (5) Gathering, analyzing and disseminating information;
6. (6) Encouraging research;
7. (7) Helping to coordinate the earthquake safety activities of government at all levels; and
8. (8) Establishing and maintaining necessary working relationships with any boards, commissions, departments and agencies or other public or private organizations.

History (1)

Acts 2006, ch. 905, § 5.

§ 58-9-105. Implementation.

To implement its responsibilities, the commission may:
1. (1) Review state budgets and review grant proposals, other than those grant proposals submitted by institutions of postsecondary education to the federal government, for earthquake-related activities and to advise the governor and the general assembly thereon;
2. (2) Review programs relating to earthquake safety and advise the governor and the general assembly concerning earthquake hazard mitigation proposals; and
3. (3) Recommend the addition, deletion or changing of state and local agency standards when, in the commission's view, the existing situation creates undue hazards or when new developments would promote earthquake hazard mitigation.

History (1)

Acts 2006, ch. 905, § 6.