Tenn. Code Ann. § 58-1-106 — TN Code / Title 58 / Chapter 1 / Section 58-1-106
Active state duty - Compensation - Reimbursement by city or county
Status: in_force

(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. Amended by 2013 Tenn. Acts, ch. 364,Secs.s2, s3, s4 eff. 5/13/2013. Acts 1970, ch. 596, § 5; T.C.A., § 7-106; Acts 1985, ch. 36, § 15; 1998, ch. 584, §§ 2 - 4.
(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.
Amended by 2013 Tenn. Acts, ch. 364,Secs.s2, s3, s4 eff. 5/13/2013.
Acts 1970, ch. 596, § 5; T.C.A., § 7-106; Acts 1985, ch. 36, § 15; 1998, ch. 584, §§ 2 - 4.
Tenn. Code Ann. § 58-1-703 — TN Code / Title 58 / Chapter 1 / Section 58-1-703
Separate revolving fund - Interest and earnings - Reversion of fund balance at end of fiscal year
Status: in_force

(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. Acts 2006, ch. 914, § 1.
(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.
Acts 2006, ch. 914, § 1.
Tenn. Code Ann. § 58-8-110 — TN Code / Title 58 / Chapter 8 / Section 58-8-110
Immunity
Status: in_force

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. Acts 2004, ch. 743, § 1.
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.
Acts 2004, ch. 743, § 1.
Tenn. Code Ann. § 58-1-118 — TN Code / Title 58 / Chapter 1 / Section 58-1-118
Offenses involving improper use or display of military decorations, medals or badges
Status: in_force

(a) (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) 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) 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) 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. Acts 2009, ch. 274, § 1.
(a) (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) 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.
(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) 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) 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) 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.
(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) 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.
Acts 2009, ch. 274, § 1.
Tenn. Code Ann. § 58-2-402 — TN Code / Title 58 / Chapter 2 / Section 58-2-402
Text of compact
Status: in_force

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: CIVIL DEFENSE AND DISASTER COMPACT The contracting states solemnly agree: Article 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. Article 2. 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. Article 3. 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. Article 4. 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. Article 5. 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. Article 6. 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. Article 7. 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. Article 8. 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. Article 9. 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. Article 10. 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. Article 11. 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. Article 12. 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. Article 13. 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. Acts 1951, ch. 160, § 2 (Williams, § 5755.57); T.C.A. (orig. ed.), § 7-702.
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:
CIVIL DEFENSE AND DISASTER COMPACT
The contracting states solemnly agree:
Article 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.
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.
Article 2. 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.
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.
Article 3. 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.
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.
Article 4. 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.
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.
Article 5. 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.
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.
Article 6. 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.
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.
Article 7. 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.
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.
Article 8. 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.
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.
Article 9. 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.
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.
Article 10. 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.
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.
Article 11. 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.
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.
Article 12. 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.
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.
Article 13. 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.
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.
Acts 1951, ch. 160, § 2 (Williams, § 5755.57); T.C.A. (orig. ed.), § 7-702.
Tenn. Code Ann. § 58-1-116 — TN Code / Title 58 / Chapter 1 / Section 58-1-116
Duties of the adjutant general - Records of office as evidence
Status: in_force

(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. Acts 1970, ch. 596, § 15; T.C.A., § 7-116.
(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.
Acts 1970, ch. 596, § 15; T.C.A., § 7-116.
Tenn. Code Ann. § 58-1-223 — TN Code / Title 58 / Chapter 1 / Section 58-1-223
Promotions and reductions
Status: in_force

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. Acts 1970, ch. 596, § 42; T.C.A., § 7-139.
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.
Acts 1970, ch. 596, § 42; T.C.A., § 7-139.
Tenn. Code Ann. § 58-2-806 — TN Code / Title 58 / Chapter 2 / Section 58-2-806
Practice of volunteer health practitioners in this state while emergency declaration in effect - Limitations on protections while practicing in state
Status: in_force

(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. Acts 2007, ch. 579, § 7.
(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.
Acts 2007, ch. 579, § 7.
Tenn. Code Ann. § 58-7-109 — TN Code / Title 58 / Chapter 7 / Section 58-7-109
Annual report
Status: in_force

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. Acts 1988, ch. 899, §9; 2008 , ch. 1137, § 6.
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.
Acts 1988, ch. 899, §9; 2008 , ch. 1137, § 6.
Tenn. Code Ann. § 58-3-108 — TN Code / Title 58 / Chapter 3 / Section 58-3-108
Acceptance of aid by department
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 58-2-115 — TN Code / Title 58 / Chapter 2 / Section 58-2-115
Compensation
Status: in_force

(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) For the destruction or damaging of standing timber or other property in order to provide a firebreak; (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) Beyond the extent of funds available for such compensation. Acts 2000, ch. 946, § 1.
(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) For the destruction or damaging of standing timber or other property in order to provide a firebreak; (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) Beyond the extent of funds available for such compensation.
(1) For the destruction or damaging of standing timber or other property in order to provide a firebreak;
(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) Beyond the extent of funds available for such compensation.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-120 — TN Code / Title 58 / Chapter 1 / Section 58-1-120
Critical skills retention bonus program
Status: in_force

(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. Added by 2024 Tenn. Acts, ch. 847,s 1, eff. 5/1/2024.
(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.
Added by 2024 Tenn. Acts, ch. 847,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 58-1-627 — TN Code / Title 58 / Chapter 1 / Section 58-1-627
Misbehavior of a sentinel
Status: in_force

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. Acts 1970, ch. 596, § 71; T.C.A., § 7-327; Acts 1989, ch. 591, §§ 72, 113.
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.
Acts 1970, ch. 596, § 71; T.C.A., § 7-327; Acts 1989, ch. 591, §§ 72, 113.
Tenn. Code Ann. § 58-1-230 — TN Code / Title 58 / Chapter 1 / Section 58-1-230
Awards in case of death or injury
Status: in_force

(a) Death. (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: (A) Dies while performing full time training, or duty under §§ 58-1-106 , 58-1-108 and 58-1-205 ; or (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) 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: (A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of: (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 (ii) The average weekly wage the guard member would have received while on active federal duty; (B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and (C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted. (3) (A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list: (i) Surviving spouse; (ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged; (iii) Parents; (iv) Brothers and sisters in equal shares. (B) No further beneficiaries shall be recognized. (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) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of: (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 (B) The average weekly wage the guard member would have received while on active federal duty; and (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) 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) 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 . Amended by 2024 Tenn. Acts, ch. 687,s 3, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 687,s 2, eff. 4/11/2024. 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.
(a) Death. (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: (A) Dies while performing full time training, or duty under §§ 58-1-106 , 58-1-108 and 58-1-205 ; or (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) 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: (A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of: (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 (ii) The average weekly wage the guard member would have received while on active federal duty; (B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and (C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted. (3) (A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list: (i) Surviving spouse; (ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged; (iii) Parents; (iv) Brothers and sisters in equal shares. (B) No further beneficiaries shall be recognized. (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.
(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: (A) Dies while performing full time training, or duty under §§ 58-1-106 , 58-1-108 and 58-1-205 ; or (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.
(A) Dies while performing full time training, or duty under §§ 58-1-106 , 58-1-108 and 58-1-205 ; or
(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) 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: (A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of: (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 (ii) The average weekly wage the guard member would have received while on active federal duty; (B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and (C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted.
(A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of: (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 (ii) The average weekly wage the guard member would have received while on active federal duty;
(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
(ii) The average weekly wage the guard member would have received while on active federal duty;
(B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and
(C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted.
(3) (A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list: (i) Surviving spouse; (ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged; (iii) Parents; (iv) Brothers and sisters in equal shares. (B) No further beneficiaries shall be recognized.
(A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list: (i) Surviving spouse; (ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged; (iii) Parents; (iv) Brothers and sisters in equal shares.
(i) Surviving spouse;
(ii) Children including children by adoption and illegitimate children who are members of the decedent's household and/or who have been acknowledged;
(iii) Parents;
(iv) Brothers and sisters in equal shares.
(B) No further beneficiaries shall be recognized.
(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) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of: (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 (B) The average weekly wage the guard member would have received while on active federal duty; and (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.
(1) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of: (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 (B) The average weekly wage the guard member would have received while on active federal duty; and
(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
(B) The average weekly wage the guard member would have received while on active federal duty; and
(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) 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) 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.
(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) 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 .
Amended by 2024 Tenn. Acts, ch. 687,s 3, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 687,s 2, eff. 4/11/2024.
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.
Tenn. Code Ann. § 58-1-115 — TN Code / Title 58 / Chapter 1 / Section 58-1-115
Adjutant general - Appointment
Status: in_force

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. Acts 1970, ch. 596, § 14; T.C.A., § 7-115; Acts 2007, ch. 140, § 1.
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.
Acts 1970, ch. 596, § 14; T.C.A., § 7-115; Acts 2007, ch. 140, § 1.
Tenn. Code Ann. § 58-2-904 — TN Code / Title 58 / Chapter 2 / Section 58-2-904
Resilient Tennessee Revolving Loan Fund
Status: in_force

(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) Moneys received through the federal emergency management agency (FEMA) and the STORM Act; (2) Moneys appropriated by the general assembly to the fund; (3) Investment and interest earnings of the fund; (4) Moneys received as repayment of loan principal and interest; and (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) Drought and prolonged episodes of intense heat; (2) Severe storms, including hurricanes, tornadoes, wind storms, cyclones, and severe winter storms; (3) Wildfires; (4) Earthquakes; (5) Flooding; (6) Shoreline erosion; and (7) High water levels. Added by 2024 Tenn. Acts, ch. 686,s 1, eff. 7/1/2024.
(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) Moneys received through the federal emergency management agency (FEMA) and the STORM Act; (2) Moneys appropriated by the general assembly to the fund; (3) Investment and interest earnings of the fund; (4) Moneys received as repayment of loan principal and interest; and (5) All other moneys received by the fund from any other source.
(1) Moneys received through the federal emergency management agency (FEMA) and the STORM Act;
(2) Moneys appropriated by the general assembly to the fund;
(3) Investment and interest earnings of the fund;
(4) Moneys received as repayment of loan principal and interest; and
(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) Drought and prolonged episodes of intense heat; (2) Severe storms, including hurricanes, tornadoes, wind storms, cyclones, and severe winter storms; (3) Wildfires; (4) Earthquakes; (5) Flooding; (6) Shoreline erosion; and (7) High water levels.
(1) Drought and prolonged episodes of intense heat;
(2) Severe storms, including hurricanes, tornadoes, wind storms, cyclones, and severe winter storms;
(3) Wildfires;
(4) Earthquakes;
(5) Flooding;
(6) Shoreline erosion; and
(7) High water levels.
Added by 2024 Tenn. Acts, ch. 686,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 58-1-631 — TN Code / Title 58 / Chapter 1 / Section 58-1-631
Penalties
Status: in_force

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 . Acts 1970, ch. 596, § 75; T.C.A., § 7-331.
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 .
Acts 1970, ch. 596, § 75; T.C.A., § 7-331.
Tenn. Code Ann. § 58-1-234 — TN Code / Title 58 / Chapter 1 / Section 58-1-234
Authority to administer oaths
Status: in_force

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) All company, battery, squadron and similar unit commanders; (2) All adjutants, assistant adjutants, and personnel officers; (3) All staff judge advocates and legal officers and acting or assisting staff judge advocates and legal officers; (4) All officers detailed to conduct an investigation, or to take a statement or deposition; and (5) All commissioned officers are authorized to administer oaths for enlistment and appointment. Acts 1970, ch. 596, § 98; T.C.A., § 7-151.
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) All company, battery, squadron and similar unit commanders;
(2) All adjutants, assistant adjutants, and personnel officers;
(3) All staff judge advocates and legal officers and acting or assisting staff judge advocates and legal officers;
(4) All officers detailed to conduct an investigation, or to take a statement or deposition; and
(5) All commissioned officers are authorized to administer oaths for enlistment and appointment.
Acts 1970, ch. 596, § 98; T.C.A., § 7-151.
Tenn. Code Ann. § 58-2-104 — TN Code / Title 58 / Chapter 2 / Section 58-2-104
Creation of agency - Director and deputies
Status: in_force

(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. Acts 2000, ch. 946, § 1.
(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.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-2-128 — TN Code / Title 58 / Chapter 2 / Section 58-2-128
Development of plan for broadcasters to respond to emergency - Training program for emergency response broadcasters - Access to areas affected by emergency
Status: in_force

(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) Be consistent with the federal law and guidelines; (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) 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.
(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) Be consistent with the federal law and guidelines; (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) Provide training and education concerning the personal safety of an emergency broadcaster in an area affected by an emergency.
(1) Be consistent with the federal law and guidelines;
(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) 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.
Tenn. Code Ann. § 58-1-104 — TN Code / Title 58 / Chapter 1 / Section 58-1-104
Military forces - Division and composition
Status: in_force

(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. Acts 1970, ch. 596, § 3; T.C.A., § 7-104; Acts 1985, ch. 36, §§ 13, 14; 1998, ch. 584, § 1.
(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.
Acts 1970, ch. 596, § 3; T.C.A., § 7-104; Acts 1985, ch. 36, §§ 13, 14; 1998, ch. 584, § 1.
Tenn. Code Ann. § 58-2-106 — TN Code / Title 58 / Chapter 2 / Section 58-2-106
Emergency management responsibilities and powers
Status: in_force

(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) 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: (A) An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities; (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; (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: (i) Establish the structure of the state's postdisaster response and recovery organization; (ii) Establish procedures for activating the state's plan; (iii) Set forth policies used to guide postdisaster response and recovery activities; (iv) Describe the chain of command during the postdisaster response and recovery period; (v) Describe initial and continuous postdisaster response and recovery actions; (vi) Identify the roles and responsibilities of each involved agency and organization; (vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system; (viii) Establish procedures for monitoring mutual aid agreements; (ix) Provide for assessment teams; (x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; (xi) Ensure the existence of a comprehensive statewide medical care plan; and (xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods; (D) Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency; (E) Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets; (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; (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 (H) Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities; (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) Assist political subdivisions in preparing and maintaining emergency management plans; (4) Periodically review political subdivision emergency management plans for consistency with the TEMP and standards and requirements adopted under this section; (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: (A) Emergency management drills, tests, or exercises of whatever nature; and (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) Make recommendations to the general assembly for preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact; (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) Anticipate trends and promote innovations that will enhance the emergency management system; (9) Institute statewide public awareness programs. This includes an intensive public educational campaign on emergency preparedness issues; (10) Prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs; (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) 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) Periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the TEMP and program; (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) 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) 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) Delegate, as necessary and appropriate, authority vested in it under this chapter and provide for the subdelegation of such authority; (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) Do other things necessary, incidental, or appropriate for the implementation of this chapter. Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7b.
(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) 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: (A) An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities; (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; (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: (i) Establish the structure of the state's postdisaster response and recovery organization; (ii) Establish procedures for activating the state's plan; (iii) Set forth policies used to guide postdisaster response and recovery activities; (iv) Describe the chain of command during the postdisaster response and recovery period; (v) Describe initial and continuous postdisaster response and recovery actions; (vi) Identify the roles and responsibilities of each involved agency and organization; (vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system; (viii) Establish procedures for monitoring mutual aid agreements; (ix) Provide for assessment teams; (x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; (xi) Ensure the existence of a comprehensive statewide medical care plan; and (xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods; (D) Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency; (E) Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets; (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; (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 (H) Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities; (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) Assist political subdivisions in preparing and maintaining emergency management plans; (4) Periodically review political subdivision emergency management plans for consistency with the TEMP and standards and requirements adopted under this section; (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: (A) Emergency management drills, tests, or exercises of whatever nature; and (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) Make recommendations to the general assembly for preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact; (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) Anticipate trends and promote innovations that will enhance the emergency management system; (9) Institute statewide public awareness programs. This includes an intensive public educational campaign on emergency preparedness issues; (10) Prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs; (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) 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) Periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the TEMP and program; (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) 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) 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) Delegate, as necessary and appropriate, authority vested in it under this chapter and provide for the subdelegation of such authority; (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) Do other things necessary, incidental, or appropriate for the implementation of this chapter.
(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: (A) An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities; (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; (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: (i) Establish the structure of the state's postdisaster response and recovery organization; (ii) Establish procedures for activating the state's plan; (iii) Set forth policies used to guide postdisaster response and recovery activities; (iv) Describe the chain of command during the postdisaster response and recovery period; (v) Describe initial and continuous postdisaster response and recovery actions; (vi) Identify the roles and responsibilities of each involved agency and organization; (vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system; (viii) Establish procedures for monitoring mutual aid agreements; (ix) Provide for assessment teams; (x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; (xi) Ensure the existence of a comprehensive statewide medical care plan; and (xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods; (D) Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency; (E) Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets; (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; (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 (H) Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities;
(A) An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities;
(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;
(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: (i) Establish the structure of the state's postdisaster response and recovery organization; (ii) Establish procedures for activating the state's plan; (iii) Set forth policies used to guide postdisaster response and recovery activities; (iv) Describe the chain of command during the postdisaster response and recovery period; (v) Describe initial and continuous postdisaster response and recovery actions; (vi) Identify the roles and responsibilities of each involved agency and organization; (vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system; (viii) Establish procedures for monitoring mutual aid agreements; (ix) Provide for assessment teams; (x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; (xi) Ensure the existence of a comprehensive statewide medical care plan; and (xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods;
(i) Establish the structure of the state's postdisaster response and recovery organization;
(ii) Establish procedures for activating the state's plan;
(iii) Set forth policies used to guide postdisaster response and recovery activities;
(iv) Describe the chain of command during the postdisaster response and recovery period;
(v) Describe initial and continuous postdisaster response and recovery actions;
(vi) Identify the roles and responsibilities of each involved agency and organization;
(vii) Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system;
(viii) Establish procedures for monitoring mutual aid agreements;
(ix) Provide for assessment teams;
(x) Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services;
(xi) Ensure the existence of a comprehensive statewide medical care plan; and
(xii) Establish systems for coordinating volunteers and accepting and distributing donated funds and goods;
(D) Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency;
(E) Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets;
(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;
(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
(H) Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities;
(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) Assist political subdivisions in preparing and maintaining emergency management plans;
(4) Periodically review political subdivision emergency management plans for consistency with the TEMP and standards and requirements adopted under this section;
(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: (A) Emergency management drills, tests, or exercises of whatever nature; and (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;
(A) Emergency management drills, tests, or exercises of whatever nature; and
(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) Make recommendations to the general assembly for preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact;
(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) Anticipate trends and promote innovations that will enhance the emergency management system;
(9) Institute statewide public awareness programs. This includes an intensive public educational campaign on emergency preparedness issues;
(10) Prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs;
(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) 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) Periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the TEMP and program;
(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) 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) 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) Delegate, as necessary and appropriate, authority vested in it under this chapter and provide for the subdelegation of such authority;
(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) Do other things necessary, incidental, or appropriate for the implementation of this chapter.
Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7b.
Tenn. Code Ann. § 58-1-617 — TN Code / Title 58 / Chapter 1 / Section 58-1-617
Insubordinate conduct toward warrant officer or noncommissioned officer
Status: in_force

Any enlisted member of the national guard who: (1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's duty; (2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or (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; is guilty of a Class C misdemeanor. Acts 1970, ch. 596, § 61; T.C.A., § 7-317; Acts 1989, ch. 591, § 113.
Any enlisted member of the national guard who:
(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's duty;
(2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(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; is guilty of a Class C misdemeanor.
is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 61; T.C.A., § 7-317; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 58-1-510 — TN Code / Title 58 / Chapter 1 / Section 58-1-510
Appropriations of money or property by counties or municipal corporations for defense
Status: in_force

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. Acts 1970, ch. 596, § 82; T.C.A., § 7-518.
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.
Acts 1970, ch. 596, § 82; T.C.A., § 7-518.
Tenn. Code Ann. § 58-2-117 — TN Code / Title 58 / Chapter 2 / Section 58-2-117
Lease or loan of state property; transfer of state personnel
Status: in_force

Notwithstanding any inconsistent provision of law: (1) Whenever the governor deems it to be in the public interest, the governor may: (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 (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) The governing body of each political subdivision of the state may: (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 (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. Acts 2000, ch. 946, § 1.
Notwithstanding any inconsistent provision of law:
(1) Whenever the governor deems it to be in the public interest, the governor may: (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 (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;
(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
(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) The governing body of each political subdivision of the state may: (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 (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.
(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
(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.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-217 — TN Code / Title 58 / Chapter 1 / Section 58-1-217
Resignation of officers
Status: in_force

(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. Acts 1970, ch. 596, § 36; T.C.A., § 7-133.
(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.
Acts 1970, ch. 596, § 36; T.C.A., § 7-133.
Tenn. Code Ann. § 58-1-202 — TN Code / Title 58 / Chapter 1 / Section 58-1-202
Organization and training - Laws and regulations of United States
Status: in_force

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. Acts 1970, ch. 596, § 17; T.C.A., § 7-118.
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.
Acts 1970, ch. 596, § 17; T.C.A., § 7-118.
Tenn. Code Ann. § 58-1-216 — TN Code / Title 58 / Chapter 1 / Section 58-1-216
Efficiency and medical examining boards - Procedure
Status: in_force

(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. Acts 1970, ch. 596, § 35; T.C.A., § 7-132; Acts 1985, ch. 64, § 3.
(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.
Acts 1970, ch. 596, § 35; T.C.A., § 7-132; Acts 1985, ch. 64, § 3.
Tenn. Code Ann. § 58-1-506 — TN Code / Title 58 / Chapter 1 / Section 58-1-506
Acquisition, disposal and administration of real property by adjutant general - Authority to enter into cooperative agreements
Status: in_force

The adjutant general, under the direction and supervision of the governor, shall administer all real property under the jurisdiction of the military department: (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) 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) 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. Acts 1970, ch. 596, § 85; T.C.A., § 7-513.
The adjutant general, under the direction and supervision of the governor, shall administer all real property under the jurisdiction of the military department:
(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) 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) 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.
Acts 1970, ch. 596, § 85; T.C.A., § 7-513.
Tenn. Code Ann. § 58-1-702 — TN Code / Title 58 / Chapter 1 / Section 58-1-702
Investment of moneys in fund
Status: in_force

Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . Acts 2006, ch. 914, § 1.
Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 .
Acts 2006, ch. 914, § 1.
Tenn. Code Ann. § 58-1-409 — TN Code / Title 58 / Chapter 1 / Section 58-1-409
Duties, privileges and immunities
Status: in_force

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. Acts 1970, ch. 596, § 53; T.C.A., § 7-409; Acts 1985, ch. 36, § 8; 1998, ch. 584, § 10.
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.
Acts 1970, ch. 596, § 53; T.C.A., § 7-409; Acts 1985, ch. 36, § 8; 1998, ch. 584, § 10.
Tenn. Code Ann. § 58-1-302 — TN Code / Title 58 / Chapter 1 / Section 58-1-302
Failure to appear for service
Status: in_force

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. Acts 1933, ch. 128, § 27; C. Supp. 1950, § 1003.28 (Williams, § 845.27); T.C.A. (orig. ed.), § 7-203.
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.
Acts 1933, ch. 128, § 27; C. Supp. 1950, § 1003.28 (Williams, § 845.27); T.C.A. (orig. ed.), § 7-203.
Tenn. Code Ann. § 58-1-214 — TN Code / Title 58 / Chapter 1 / Section 58-1-214
Officer's uniforms
Status: in_force

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. Acts 1970, ch. 596, § 33; T.C.A., § 7-130.
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.
Acts 1970, ch. 596, § 33; T.C.A., § 7-130.
Tenn. Code Ann. § 58-1-218 — TN Code / Title 58 / Chapter 1 / Section 58-1-218
Officers - Termination of appointments
Status: in_force

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) Death; (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); (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; (4) Pursuant to the finding of efficiency and medical boards as provided for in §§ 58-1-215 and 58-1-216 ; (5) Resignation; (6) Absence without leave for three (3) months; (7) Failure, without justification, to complete a year of satisfactory federal service; (8) Conviction of any crime involving moral turpitude; (9) The acceptance of an appointment, or the enlistment, in any of the other military services of the United States; (10) Induction into active military service under the Universal Military Training and Service Act, as amended; (11) When it has been determined that the officer is subversive or disloyal; (12) In the case of a chaplain, when ecclesiastical endorsement is withdrawn by the church of the officer's faith; (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) 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) In the case of general officers, their appointments may also be terminated and their state recognition withdrawn under § 58-1-220 . 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.
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) Death;
(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);
(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;
(4) Pursuant to the finding of efficiency and medical boards as provided for in §§ 58-1-215 and 58-1-216 ;
(5) Resignation;
(6) Absence without leave for three (3) months;
(7) Failure, without justification, to complete a year of satisfactory federal service;
(8) Conviction of any crime involving moral turpitude;
(9) The acceptance of an appointment, or the enlistment, in any of the other military services of the United States;
(10) Induction into active military service under the Universal Military Training and Service Act, as amended;
(11) When it has been determined that the officer is subversive or disloyal;
(12) In the case of a chaplain, when ecclesiastical endorsement is withdrawn by the church of the officer's faith;
(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) 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) In the case of general officers, their appointments may also be terminated and their state recognition withdrawn under § 58-1-220 .
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.
Tenn. Code Ann. § 58-1-512 — TN Code / Title 58 / Chapter 1 / Section 58-1-512
Adjutant general in charge of armories - Rental income
Status: in_force

(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. Acts 1970, ch. 596, § 84; T.C.A., § 7-520.
(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.
Acts 1970, ch. 596, § 84; T.C.A., § 7-520.
Tenn. Code Ann. § 58-9-101 — TN Code / Title 58 / Chapter 9 / Section 58-9-101
Creation of commission - Composition - Quorum - Terms of office - Compensation - Information and services from the center for earthquake research and information
Status: in_force

(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. Acts 2006, ch. 905, § 2.
(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.
Acts 2006, ch. 905, § 2.
Tenn. Code Ann. § 58-1-208 — TN Code / Title 58 / Chapter 1 / Section 58-1-208
Funds - Accounting requirements - Post exchanges and canteens - Regulations governing
Status: in_force

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. Acts 1970, ch. 596, § 26; T.C.A., § 7-124.
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.
Acts 1970, ch. 596, § 26; T.C.A., § 7-124.
Tenn. Code Ann. § 58-7-103 — TN Code / Title 58 / Chapter 7 / Section 58-7-103
Powers and duties of board
Status: in_force

(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) 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) The duty to adopt written policies and procedures to govern its internal operations; (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) 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) The authority to incur debts, to borrow money, to issue debt instruments and to provide for the rights of the holders thereof; (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) The authority to have employees authorized by the Tennessee state veterans' homes board solicit and receive bequests and donations for: (A) The improvement of the general comfort and welfare of the members of the home or homes; or (B) The future construction of a new home or homes; (8) The authority to seek advice from the United Tennessee Veterans' Association (UTVA); (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) Do other acts necessary or convenient to exercise the powers granted or reasonably implied in this section; (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) The authority to notify members of the general assembly and appropriate persons in the executive branch of potential problems in state veterans' nursing homes. Amended by 2019 Tenn. Acts, ch. 113, s 3, eff. 4/9/2019. Amended by 2016 Tenn. Acts, ch. 856, s 1, eff. 4/19/2016. Acts 1988, ch. 899, §3; 2008 , ch. 1137, §§ 3, 4.
(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) 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) The duty to adopt written policies and procedures to govern its internal operations; (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) 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) The authority to incur debts, to borrow money, to issue debt instruments and to provide for the rights of the holders thereof; (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) The authority to have employees authorized by the Tennessee state veterans' homes board solicit and receive bequests and donations for: (A) The improvement of the general comfort and welfare of the members of the home or homes; or (B) The future construction of a new home or homes; (8) The authority to seek advice from the United Tennessee Veterans' Association (UTVA); (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) Do other acts necessary or convenient to exercise the powers granted or reasonably implied in this section; (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) The authority to notify members of the general assembly and appropriate persons in the executive branch of potential problems in state veterans' nursing homes.
(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) The duty to adopt written policies and procedures to govern its internal operations;
(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) 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) The authority to incur debts, to borrow money, to issue debt instruments and to provide for the rights of the holders thereof;
(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) The authority to have employees authorized by the Tennessee state veterans' homes board solicit and receive bequests and donations for: (A) The improvement of the general comfort and welfare of the members of the home or homes; or (B) The future construction of a new home or homes;
(A) The improvement of the general comfort and welfare of the members of the home or homes; or
(B) The future construction of a new home or homes;
(8) The authority to seek advice from the United Tennessee Veterans' Association (UTVA);
(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) Do other acts necessary or convenient to exercise the powers granted or reasonably implied in this section;
(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) The authority to notify members of the general assembly and appropriate persons in the executive branch of potential problems in state veterans' nursing homes.
Amended by 2019 Tenn. Acts, ch. 113, s 3, eff. 4/9/2019.
Amended by 2016 Tenn. Acts, ch. 856, s 1, eff. 4/19/2016.
Acts 1988, ch. 899, §3; 2008 , ch. 1137, §§ 3, 4.
Tenn. Code Ann. § 58-7-110 — TN Code / Title 58 / Chapter 7 / Section 58-7-110
Plan of operation
Status: in_force

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. Acts 1988, ch. 899, § 10.
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.
Acts 1988, ch. 899, § 10.
Tenn. Code Ann. § 58-1-613 — TN Code / Title 58 / Chapter 1 / Section 58-1-613
Absence without leave
Status: in_force

Any person of the Tennessee national guard who, without proper authority: (1) Fails to go to the appointed place of duty at the time prescribed; (2) Goes from that place; or (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; is guilty of a Class B misdemeanor. Acts 1970, ch. 596, § 57; T.C.A., § 7-313; Acts 1989, ch. 591, § 113; 2008, ch. 716, § 1.
Any person of the Tennessee national guard who, without proper authority:
(1) Fails to go to the appointed place of duty at the time prescribed;
(2) Goes from that place; or
(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; is guilty of a Class B misdemeanor.
is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 57; T.C.A., § 7-313; Acts 1989, ch. 591, § 113; 2008, ch. 716, § 1.
Tenn. Code Ann. § 58-1-406 — TN Code / Title 58 / Chapter 1 / Section 58-1-406
Liability to federal military service not affected
Status: in_force

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. Acts 1970, ch. 596, § 50; T.C.A., § 7-406.
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.
Acts 1970, ch. 596, § 50; T.C.A., § 7-406.
Tenn. Code Ann. § 58-1-114 — TN Code / Title 58 / Chapter 1 / Section 58-1-114
Military department constituted
Status: in_force

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. Acts 1970, ch. 596, § 13; T.C.A., § 7-114.
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.
Acts 1970, ch. 596, § 13; T.C.A., § 7-114.
Tenn. Code Ann. § 58-2-804 — TN Code / Title 58 / Chapter 2 / Section 58-2-804
Limitations, restrictions and regulation - Immediate effect of orders - Requirements of host entities
Status: in_force

(a) While an emergency declaration is in effect, TEMA may limit, restrict, or otherwise regulate: (1) The duration and scope of practice by volunteer health practitioners; (2) The geographical areas in which volunteer health practitioners may practice; (3) The types of volunteer health practitioners who may practice; and (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) 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) Comply with any laws relating to the management of emergency health services. Acts 2007, ch. 579, § 5.
(a) While an emergency declaration is in effect, TEMA may limit, restrict, or otherwise regulate: (1) The duration and scope of practice by volunteer health practitioners; (2) The geographical areas in which volunteer health practitioners may practice; (3) The types of volunteer health practitioners who may practice; and (4) Any other matters necessary to coordinate effectively the provision of health services during the emergency.
(1) The duration and scope of practice by volunteer health practitioners;
(2) The geographical areas in which volunteer health practitioners may practice;
(3) The types of volunteer health practitioners who may practice; and
(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) 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) Comply with any laws relating to the management of emergency health services.
(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) Comply with any laws relating to the management of emergency health services.
Acts 2007, ch. 579, § 5.
Tenn. Code Ann. § 58-4-103 — TN Code / Title 58 / Chapter 4 / Section 58-4-103
Request for redaction of social security number from official records
Status: in_force

(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. Acts 2009, ch. 219, § 1.
(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.
Acts 2009, ch. 219, § 1.
Tenn. Code Ann. § 58-2-126 — TN Code / Title 58 / Chapter 2 / Section 58-2-126
First responders from local emergency management agencies - Death benefit
Status: in_force

(a) As used in this section: (1) "First responders from local emergency management agencies" means emergency management agency personnel, including but not limited to, emergency managers who, as first responders: (A) Go directly to the scene of an emergency; or (B) Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and (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. Added by 2017 Tenn. Acts, ch. 408,s 1, eff. 7/1/2017.
(a) As used in this section: (1) "First responders from local emergency management agencies" means emergency management agency personnel, including but not limited to, emergency managers who, as first responders: (A) Go directly to the scene of an emergency; or (B) Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and (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.
(1) "First responders from local emergency management agencies" means emergency management agency personnel, including but not limited to, emergency managers who, as first responders: (A) Go directly to the scene of an emergency; or (B) Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and
(A) Go directly to the scene of an emergency; or
(B) Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and
(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.
Added by 2017 Tenn. Acts, ch. 408,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 58-1-509 — TN Code / Title 58 / Chapter 1 / Section 58-1-509
Location of armories throughout state - Acceptance of money or sites from municipalities or counties authorized
Status: in_force

(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. Acts 1970, ch. 596, § 81; 1971, ch. 99, § 3; T.C.A., § 7-517.
(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.
Acts 1970, ch. 596, § 81; 1971, ch. 99, § 3; T.C.A., § 7-517.
Tenn. Code Ann. § 58-1-501 — TN Code / Title 58 / Chapter 1 / Section 58-1-501
Authority to acquire lands
Status: in_force

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. Acts 1941, ch. 2, § 1; mod. C. Supp. 1950, § 186.3; T.C.A. (orig. ed.), § 7-507.
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.
Acts 1941, ch. 2, § 1; mod. C. Supp. 1950, § 186.3; T.C.A. (orig. ed.), § 7-507.
Tenn. Code Ann. § 58-8-115 — TN Code / Title 58 / Chapter 8 / Section 58-8-115
Reimbursement of eligible costs to governmental utility system
Status: in_force

(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. Acts 2004, ch. 743, §1; 2009 , ch. 388, § 1.
(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.
Acts 2004, ch. 743, §1; 2009 , ch. 388, § 1.
Tenn. Code Ann. § 58-1-232 — TN Code / Title 58 / Chapter 1 / Section 58-1-232
Dress uniforms
Status: in_force

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