Tenn. Code Ann. § 58-2-123 — TN Code / Title 58 / Chapter 2 / Section 58-2-123
Radiological emergency preparedness
Status: in_force

(a) Purpose and intent. It is the purpose of this section to establish the means by which certain radiological emergency response plans and preparedness requirements of the United States nuclear regulatory commission and the federal emergency management agency can be developed and tested by the state, the appropriate counties, and each operator licensed by the United States nuclear regulatory commission to operate a commercial nuclear electric generating facility. It is the express intent of the general assembly that no department, commission, agency, or political subdivision of the state be considered to have assumed or be responsible for the funding of any activity or program required by this section from any sources of funds other than those specifically identified in this section. (b) Definitions. For the purposes of this section, the following terms have the meanings indicated: (1) "Appropriate county" means a county which is required by the United States nuclear regulatory commission or the federal emergency management agency to be designated a risk or a host county; (2) "Facility" means a commercial nuclear electric generating reactor operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility; (3) "Operator" means that person who has applied for or who has been granted a license by the United States nuclear regulatory commission for the operation of a facility; and (4) "Plans" means the radiological emergency response plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in nuclear regulatory commission regulation 0654 (NUREG-0654) and FEMA-radiological emergency plan 1 (FEMA-REP-1) or as may be required by cognizant federal agencies in the future. (c) Emergency response plans. In addition to the other plans required by this chapter, TEMA shall develop, prepare, test, and implement as needed, in conjunction with the appropriate counties and the affected operator, such radiological emergency response plans and preparedness requirements as may be imposed by the United States nuclear regulatory commission or the federal emergency management agency as a requirement for obtaining or continuing the appropriate licenses for a commercial nuclear electric generating facility. (d) Powers and duties. In implementing the requirements of this section, the director of the agency or the director's designated representative, shall: (1) Negotiate and enter into such additional contracts and arrangements among the agency, appropriate counties, and each operator to provide for the level of funding and the respective roles of each in the development, preparation, testing, and implementation of the plans; (2) Evaluate and determine the adequacy of the plans based upon consultations with the United States nuclear regulatory commission and other agencies, as appropriate, and upon the results of such tests as may be conducted; (3) Limited to such funding as is available based upon the requirements of subdivision (d)(5), require the participation of appropriate counties and operators in the development, preparation, testing, or implementation of the LANs as needed; (4) Determine the reasonableness and adequacy of the provisions, terms, and conditions of the plans and, in the event the appropriate counties and the operators cannot agree, resolve such differences and require compliance by the appropriate counties and the operators with the plans. In resolving such differences, the director shall consider: (A) The requirements and parameters placed on the operators by federal law and agencies; (B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and (C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans; (5) Receive, expend, and disburse such funds as are made available by each licensee pursuant to this section; and (6) Limited to such funding as is available based upon the requirements of subsection (e), coordinate all activities undertaken pursuant to this section or required of appropriate counties and operators by any federal or state agency. (e) Funding. All funds for the implementation of this section shall be provided by the operators as required by subsection (d), except that operators may enter into bilateral agreements with other state agencies or appropriate counties when necessary. No political subdivision of the state shall be considered to have obligated or consented to have obligated any funds from any local revenue source whatsoever by complying with this section. Acts 2000, ch. 946, § 1.
(a) Purpose and intent. It is the purpose of this section to establish the means by which certain radiological emergency response plans and preparedness requirements of the United States nuclear regulatory commission and the federal emergency management agency can be developed and tested by the state, the appropriate counties, and each operator licensed by the United States nuclear regulatory commission to operate a commercial nuclear electric generating facility. It is the express intent of the general assembly that no department, commission, agency, or political subdivision of the state be considered to have assumed or be responsible for the funding of any activity or program required by this section from any sources of funds other than those specifically identified in this section.
(b) Definitions. For the purposes of this section, the following terms have the meanings indicated: (1) "Appropriate county" means a county which is required by the United States nuclear regulatory commission or the federal emergency management agency to be designated a risk or a host county; (2) "Facility" means a commercial nuclear electric generating reactor operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility; (3) "Operator" means that person who has applied for or who has been granted a license by the United States nuclear regulatory commission for the operation of a facility; and (4) "Plans" means the radiological emergency response plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in nuclear regulatory commission regulation 0654 (NUREG-0654) and FEMA-radiological emergency plan 1 (FEMA-REP-1) or as may be required by cognizant federal agencies in the future.
(1) "Appropriate county" means a county which is required by the United States nuclear regulatory commission or the federal emergency management agency to be designated a risk or a host county;
(2) "Facility" means a commercial nuclear electric generating reactor operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility;
(3) "Operator" means that person who has applied for or who has been granted a license by the United States nuclear regulatory commission for the operation of a facility; and
(4) "Plans" means the radiological emergency response plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in nuclear regulatory commission regulation 0654 (NUREG-0654) and FEMA-radiological emergency plan 1 (FEMA-REP-1) or as may be required by cognizant federal agencies in the future.
(c) Emergency response plans. In addition to the other plans required by this chapter, TEMA shall develop, prepare, test, and implement as needed, in conjunction with the appropriate counties and the affected operator, such radiological emergency response plans and preparedness requirements as may be imposed by the United States nuclear regulatory commission or the federal emergency management agency as a requirement for obtaining or continuing the appropriate licenses for a commercial nuclear electric generating facility.
(d) Powers and duties. In implementing the requirements of this section, the director of the agency or the director's designated representative, shall: (1) Negotiate and enter into such additional contracts and arrangements among the agency, appropriate counties, and each operator to provide for the level of funding and the respective roles of each in the development, preparation, testing, and implementation of the plans; (2) Evaluate and determine the adequacy of the plans based upon consultations with the United States nuclear regulatory commission and other agencies, as appropriate, and upon the results of such tests as may be conducted; (3) Limited to such funding as is available based upon the requirements of subdivision (d)(5), require the participation of appropriate counties and operators in the development, preparation, testing, or implementation of the LANs as needed; (4) Determine the reasonableness and adequacy of the provisions, terms, and conditions of the plans and, in the event the appropriate counties and the operators cannot agree, resolve such differences and require compliance by the appropriate counties and the operators with the plans. In resolving such differences, the director shall consider: (A) The requirements and parameters placed on the operators by federal law and agencies; (B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and (C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans; (5) Receive, expend, and disburse such funds as are made available by each licensee pursuant to this section; and (6) Limited to such funding as is available based upon the requirements of subsection (e), coordinate all activities undertaken pursuant to this section or required of appropriate counties and operators by any federal or state agency.
(1) Negotiate and enter into such additional contracts and arrangements among the agency, appropriate counties, and each operator to provide for the level of funding and the respective roles of each in the development, preparation, testing, and implementation of the plans;
(2) Evaluate and determine the adequacy of the plans based upon consultations with the United States nuclear regulatory commission and other agencies, as appropriate, and upon the results of such tests as may be conducted;
(3) Limited to such funding as is available based upon the requirements of subdivision (d)(5), require the participation of appropriate counties and operators in the development, preparation, testing, or implementation of the LANs as needed;
(4) Determine the reasonableness and adequacy of the provisions, terms, and conditions of the plans and, in the event the appropriate counties and the operators cannot agree, resolve such differences and require compliance by the appropriate counties and the operators with the plans. In resolving such differences, the director shall consider: (A) The requirements and parameters placed on the operators by federal law and agencies; (B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and (C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans;
(A) The requirements and parameters placed on the operators by federal law and agencies;
(B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and
(C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans;
(5) Receive, expend, and disburse such funds as are made available by each licensee pursuant to this section; and
(6) Limited to such funding as is available based upon the requirements of subsection (e), coordinate all activities undertaken pursuant to this section or required of appropriate counties and operators by any federal or state agency.
(e) Funding. All funds for the implementation of this section shall be provided by the operators as required by subsection (d), except that operators may enter into bilateral agreements with other state agencies or appropriate counties when necessary. No political subdivision of the state shall be considered to have obligated or consented to have obligated any funds from any local revenue source whatsoever by complying with this section.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-4-101 — TN Code / Title 58 / Chapter 4 / Section 58-4-101
Establishment and duties of bureau
Status: in_force

There is created in the military department a war records bureau, the duties of which shall be to compile and preserve the records of those Tennesseans who have served their state and nation in time of war, to correlate these records as to rank, organization and branch of service, and to furnish to each county in the state a complete list of the residents of that county participating in such war; provided, however, that it shall be the duty of such war records bureau to furnish to the department of veterans services, upon request of such department and without cost to the latter, any and all records which may be in the possession of the war records bureau. Acts 1945, ch. 136, § 1; 1947, ch. 86, § 1; C. Supp. 1950, § 1012.6 (Williams, § 1012.8); impl. am. Acts 1959, ch. 9, § 6; impl. am. Acts 1975, ch. 249, § 3; T.C.A. (orig. ed.), § 7-801.
There is created in the military department a war records bureau, the duties of which shall be to compile and preserve the records of those Tennesseans who have served their state and nation in time of war, to correlate these records as to rank, organization and branch of service, and to furnish to each county in the state a complete list of the residents of that county participating in such war; provided, however, that it shall be the duty of such war records bureau to furnish to the department of veterans services, upon request of such department and without cost to the latter, any and all records which may be in the possession of the war records bureau.
Acts 1945, ch. 136, § 1; 1947, ch. 86, § 1; C. Supp. 1950, § 1012.6 (Williams, § 1012.8); impl. am. Acts 1959, ch. 9, § 6; impl. am. Acts 1975, ch. 249, § 3; T.C.A. (orig. ed.), § 7-801.
Tenn. Code Ann. § 58-2-202 — TN Code / Title 58 / Chapter 2 / Section 58-2-202
Part definitions
Status: in_force

As used in this part: (1) "Critical infrastructure" means real and personal property and equipment, including, but not limited to, buildings, offices, lines, poles, pipes, structures, and equipment that: (A) Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities; and (B) Services multiple customers or citizens; (2) "Disaster" has the same meaning as defined in § 58-2-101 ; (3) "Disaster or emergency related work" means: (A) Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency; and (B) Any activities conducted in good faith before a potential disaster or emergency to prepare for the provision of the work described in subdivision (3)(A); (4) "Disaster response period" means the period that begins ten (10) days before the date of the earliest event establishing a disaster or emergency and that ends one hundred twenty (120) days thereafter, or such later date as may be set by the governor or president of the United States; (5) "Emergency" has the same meaning as defined in § 58-2-101 ; (6) "Licensed business" means a business entity that is currently licensed to do business in this state; (7) "Responding out-of-state business" means a business entity that, except for work related to a disaster or emergency, has no presence in this state, conducts no business in this state, and whose services are requested by a licensed business or by this state or a local government for purposes of performing disaster or emergency related work in this state, including, but not limited to, a business entity that is affiliated with a licensed business solely through common ownership and otherwise meets this definition of a responding out-of-state business; and (8) "Responding out-of-state employee" means an employee of a responding out-of-state business or licensed business who does not work in this state, except for disaster or emergency related work. Acts 2019, ch. 378, § 1.
As used in this part:
(1) "Critical infrastructure" means real and personal property and equipment, including, but not limited to, buildings, offices, lines, poles, pipes, structures, and equipment that: (A) Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities; and (B) Services multiple customers or citizens;
(A) Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities; and
(B) Services multiple customers or citizens;
(2) "Disaster" has the same meaning as defined in § 58-2-101 ;
(3) "Disaster or emergency related work" means: (A) Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency; and (B) Any activities conducted in good faith before a potential disaster or emergency to prepare for the provision of the work described in subdivision (3)(A);
(A) Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency; and
(B) Any activities conducted in good faith before a potential disaster or emergency to prepare for the provision of the work described in subdivision (3)(A);
(4) "Disaster response period" means the period that begins ten (10) days before the date of the earliest event establishing a disaster or emergency and that ends one hundred twenty (120) days thereafter, or such later date as may be set by the governor or president of the United States;
(5) "Emergency" has the same meaning as defined in § 58-2-101 ;
(6) "Licensed business" means a business entity that is currently licensed to do business in this state;
(7) "Responding out-of-state business" means a business entity that, except for work related to a disaster or emergency, has no presence in this state, conducts no business in this state, and whose services are requested by a licensed business or by this state or a local government for purposes of performing disaster or emergency related work in this state, including, but not limited to, a business entity that is affiliated with a licensed business solely through common ownership and otherwise meets this definition of a responding out-of-state business; and
(8) "Responding out-of-state employee" means an employee of a responding out-of-state business or licensed business who does not work in this state, except for disaster or emergency related work.
Acts 2019, ch. 378, § 1.
Tenn. Code Ann. § 58-2-201 — TN Code / Title 58 / Chapter 2 / Section 58-2-201
Short title
Status: in_force

This part shall be known and may be cited as the "Facilitating Business Rapid Response to State-Declared Disaster Act." Acts 2019, ch. 378, § 1.
This part shall be known and may be cited as the "Facilitating Business Rapid Response to State-Declared Disaster Act."
Acts 2019, ch. 378, § 1.
Tenn. Code Ann. § 58-8-104 — TN Code / Title 58 / Chapter 8 / Section 58-8-104
Declaration of local state of emergency - Cost reimbursement - Evacuation orders
Status: in_force

(a) The mayor of a municipality or the mayor or county executive of a county or metropolitan government may declare a local state of emergency affecting such official's jurisdiction by executive order consistent with and governed by § 58-2-110(3)(A)(v) . (b) The mayor or executive of any municipality or county, or such official's designee, may declare a state of emergency for such official's municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions. (c) The declaration of a state of emergency by a jurisdiction entitles the responding party or parties to cost reimbursement as provided in § 58-8-111 . The requesting party is required to make this reimbursement to the responding party or parties. (d) The municipal mayor or county mayor or executive may declare the state of emergency at any time during the imminent pendency or happening of the occurrence. (e) If a county mayor or the executive of a county declares a local state of emergency in accordance with subsection (a), the county mayor or the executive of the county may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire unincorporated area of the county or any portion thereof. (f) If a mayor or the executive of a municipality or metropolitan government declares a local state of emergency in accordance with subsection (a), the mayor or the executive of the municipality or metropolitan government may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire incorporated area of the municipality or metropolitan government, or any portion thereof. (g) A person who willfully violates an order issued under subsection (e) or (f) commits a Class C misdemeanor. Amended by 2018 Tenn. Acts, ch. 868,s 1, eff. 5/3/2018. Acts 2004, ch. 743, § 1.
(a) The mayor of a municipality or the mayor or county executive of a county or metropolitan government may declare a local state of emergency affecting such official's jurisdiction by executive order consistent with and governed by § 58-2-110(3)(A)(v) .
(b) The mayor or executive of any municipality or county, or such official's designee, may declare a state of emergency for such official's municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions.
(c) The declaration of a state of emergency by a jurisdiction entitles the responding party or parties to cost reimbursement as provided in § 58-8-111 . The requesting party is required to make this reimbursement to the responding party or parties.
(d) The municipal mayor or county mayor or executive may declare the state of emergency at any time during the imminent pendency or happening of the occurrence.
(e) If a county mayor or the executive of a county declares a local state of emergency in accordance with subsection (a), the county mayor or the executive of the county may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire unincorporated area of the county or any portion thereof.
(f) If a mayor or the executive of a municipality or metropolitan government declares a local state of emergency in accordance with subsection (a), the mayor or the executive of the municipality or metropolitan government may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire incorporated area of the municipality or metropolitan government, or any portion thereof.
(g) A person who willfully violates an order issued under subsection (e) or (f) commits a Class C misdemeanor.
Amended by 2018 Tenn. Acts, ch. 868,s 1, eff. 5/3/2018.
Acts 2004, ch. 743, § 1.
Tenn. Code Ann. § 58-1-619 — TN Code / Title 58 / Chapter 1 / Section 58-1-619
Cruelty and maltreatment
Status: in_force

Any member of the national guard who is guilty of cruelty or oppression toward or maltreatment of, any person subject to the guard member's orders, is guilty of a Class B misdemeanor. Acts 1970, ch. 596, § 63; T.C.A., § 7-319; Acts 1989, ch. 591, § 112.
Any member of the national guard who is guilty of cruelty or oppression toward or maltreatment of, any person subject to the guard member's orders, is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 63; T.C.A., § 7-319; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 58-1-507 — TN Code / Title 58 / Chapter 1 / Section 58-1-507
"Armory" defined
Status: in_force

"Armory," whenever used in §§ 58-1-507 - 58-1-512, includes any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training and housing of the national guard. Acts 1970, ch. 596, § 78; T.C.A., § 7-514.
"Armory," whenever used in §§ 58-1-507 - 58-1-512, includes any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training and housing of the national guard.
Acts 1970, ch. 596, § 78; T.C.A., § 7-514.
Tenn. Code Ann. § 58-2-109 — TN Code / Title 58 / Chapter 2 / Section 58-2-109
Financing - Acceptance of gifts
Status: in_force

(a) It is the intent of the general assembly and declared to be the policy of this state that funds to prepare for and meet emergencies shall always be available. (b) It is the intent of the general assembly that the first recourse shall be to annually fund a state emergency management agency. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the governor may, as otherwise provided by law, make funds available by transferring and expending moneys appropriated for other purposes or out of any unappropriated surplus funds. (c) Nothing contained in this section shall be construed to limit the authority of the governor to apply for, administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation, preparedness, response, or recovery. (d) Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, loan or other agreement for the purpose of emergency management, the state, acting through the agency, or such political subdivision, acting through its governing body or a local emergency management agency, may accept such offer. Upon such acceptance, the agency or the presiding officer of the governing body of the political subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such political subdivision, subject to the terms of the offer. Acts 2000, ch. 946, § 1.
(a) It is the intent of the general assembly and declared to be the policy of this state that funds to prepare for and meet emergencies shall always be available.
(b) It is the intent of the general assembly that the first recourse shall be to annually fund a state emergency management agency. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the governor may, as otherwise provided by law, make funds available by transferring and expending moneys appropriated for other purposes or out of any unappropriated surplus funds.
(c) Nothing contained in this section shall be construed to limit the authority of the governor to apply for, administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation, preparedness, response, or recovery.
(d) Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, loan or other agreement for the purpose of emergency management, the state, acting through the agency, or such political subdivision, acting through its governing body or a local emergency management agency, may accept such offer. Upon such acceptance, the agency or the presiding officer of the governing body of the political subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such political subdivision, subject to the terms of the offer.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-236 — TN Code / Title 58 / Chapter 1 / Section 58-1-236
Burial flag for family of deceased member of national guard
Status: in_force

(a) The adjutant general shall present to the family of each eligible, deceased member of the national guard a Tennessee state flag, appropriate for use as a burial flag, upon application of a member of the family of the deceased guard member. (b) The adjutant general shall prepare an application form to be used to determine the eligibility of the deceased for the burial flag and shall furnish the form to the senior full-time employee in each armory. (c) The family of any individual who serves at least one (1) year in the national guard and who at the time of death is an active, honorably discharged, or retired member of the national guard is eligible to receive a burial flag. (d) The adjutant general may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules to implement this section. (e) The adjutant general shall obtain flags from the federal government when available. If flags from the federal government are not available, the adjutant general shall purchase the flags from funds appropriated to the military department. Added by 2017 Tenn. Acts, ch. 430,s 1, eff. 5/18/2017.
(a) The adjutant general shall present to the family of each eligible, deceased member of the national guard a Tennessee state flag, appropriate for use as a burial flag, upon application of a member of the family of the deceased guard member.
(b) The adjutant general shall prepare an application form to be used to determine the eligibility of the deceased for the burial flag and shall furnish the form to the senior full-time employee in each armory.
(c) The family of any individual who serves at least one (1) year in the national guard and who at the time of death is an active, honorably discharged, or retired member of the national guard is eligible to receive a burial flag.
(d) The adjutant general may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules to implement this section.
(e) The adjutant general shall obtain flags from the federal government when available. If flags from the federal government are not available, the adjutant general shall purchase the flags from funds appropriated to the military department.
Added by 2017 Tenn. Acts, ch. 430,s 1, eff. 5/18/2017.
Tenn. Code Ann. § 58-1-102 — TN Code / Title 58 / Chapter 1 / Section 58-1-102
Definitions
Status: in_force

In parts 1, 2 and 4-6 of this chapter, unless the context otherwise requires: (1) "Active duty" and "active service" means military duty in a military force (not including the inactive national guard) or in the military department, under an order of the governor issued pursuant to parts 1, 2 and 4-6 of this chapter and while going to and returning from the same. Such duty may be either in a full-time or part-time status, depending upon the conditions under which it is performed; (2) "Active military service of the United States" means full-time duty in the army, navy (including marine corps), air force or coast guard of the United States; (3) "Air national guard" means that part of the national guard which is: (A) An air force; (B) Trained, and has its officers appointed under the United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter; (C) Organized, armed and equipped wholly or partly at federal expense; and (D) Federally recognized; (4) "Army national guard" means that part of the national guard which is: (A) A land force; (B) Trained, and has its officers appointed under United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter; (C) Organized, armed and equipped wholly or partly at federal expense; and (D) Federally recognized; (5) "Commanding officer" includes only commissioned officers; (6) "Enlisted member" means a person in an enlisted grade or status; (7) "Federal recognition" means acknowledgment by the federal government that a person appointed to an authorized grade and position vacancy in the national guard meets the prescribed federal standards for such grade and position; (8) "Grade" means a step or degree, in a graduated scale of office, or military rank, that is established and designated as a grade by law or regulations; (9) "May" is used in a permissive sense. "No person may" means that no person is required, authorized or permitted to do the act described; (10) "Military" is used as a descriptive adjective to denote a quality pertaining to any or all of the armed forces; (11) "Military department" means the military agency or division of the state, the composition of which is set forth in § 58-1-114 ; (12) "Military service of the state" means service in or with any of the military forces or the military department; (13) "National guard" means the army national guard and the air national guard; (14) "Officer" or "commissioned officer" means commissioned or warrant officer; (15) "Rank" means the order of precedence among members of the armed forces; (16) "Shall" is used in an imperative and mandatory sense; (17) "Superior officer" means a commissioned officer superior in rank or command; and (18) "Voluntary aid or assistance" means actions taken by individual units of the national guard, within guidelines provided by the governor, to provide local communities with assistance during times of crisis not otherwise declared by the governor or president of the United States as a disaster or emergency. Acts 1970, ch. 596, § 2; 1978, ch. 830, § 1; T.C.A., § 7-102.
In parts 1, 2 and 4-6 of this chapter, unless the context otherwise requires:
(1) "Active duty" and "active service" means military duty in a military force (not including the inactive national guard) or in the military department, under an order of the governor issued pursuant to parts 1, 2 and 4-6 of this chapter and while going to and returning from the same. Such duty may be either in a full-time or part-time status, depending upon the conditions under which it is performed;
(2) "Active military service of the United States" means full-time duty in the army, navy (including marine corps), air force or coast guard of the United States;
(3) "Air national guard" means that part of the national guard which is: (A) An air force; (B) Trained, and has its officers appointed under the United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter; (C) Organized, armed and equipped wholly or partly at federal expense; and (D) Federally recognized;
(A) An air force;
(B) Trained, and has its officers appointed under the United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter;
(C) Organized, armed and equipped wholly or partly at federal expense; and
(D) Federally recognized;
(4) "Army national guard" means that part of the national guard which is: (A) A land force; (B) Trained, and has its officers appointed under United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter; (C) Organized, armed and equipped wholly or partly at federal expense; and (D) Federally recognized;
(A) A land force;
(B) Trained, and has its officers appointed under United States Constitution, article 1, § 8, clause 16, and federal laws enacted pursuant thereto, and under the Constitution of Tennessee and parts 1, 2 and 4-6 of this chapter;
(C) Organized, armed and equipped wholly or partly at federal expense; and
(D) Federally recognized;
(5) "Commanding officer" includes only commissioned officers;
(6) "Enlisted member" means a person in an enlisted grade or status;
(7) "Federal recognition" means acknowledgment by the federal government that a person appointed to an authorized grade and position vacancy in the national guard meets the prescribed federal standards for such grade and position;
(8) "Grade" means a step or degree, in a graduated scale of office, or military rank, that is established and designated as a grade by law or regulations;
(9) "May" is used in a permissive sense. "No person may" means that no person is required, authorized or permitted to do the act described;
(10) "Military" is used as a descriptive adjective to denote a quality pertaining to any or all of the armed forces;
(11) "Military department" means the military agency or division of the state, the composition of which is set forth in § 58-1-114 ;
(12) "Military service of the state" means service in or with any of the military forces or the military department;
(13) "National guard" means the army national guard and the air national guard;
(14) "Officer" or "commissioned officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the armed forces;
(16) "Shall" is used in an imperative and mandatory sense;
(17) "Superior officer" means a commissioned officer superior in rank or command; and
(18) "Voluntary aid or assistance" means actions taken by individual units of the national guard, within guidelines provided by the governor, to provide local communities with assistance during times of crisis not otherwise declared by the governor or president of the United States as a disaster or emergency.
Acts 1970, ch. 596, § 2; 1978, ch. 830, § 1; T.C.A., § 7-102.
Tenn. Code Ann. § 58-2-105 — TN Code / Title 58 / Chapter 2 / Section 58-2-105
Limitations
Status: in_force

Nothing in this chapter shall be construed to: (1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency; (3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies; and (4) Limit, modify, or abridge the authority of the governor to proclaim martial rule or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of or in conjunction with this chapter; provided, that the authority shall be limited to the extent provided under § 58-2-107(m) and as otherwise specifically provided by statute. Acts 2000, ch. 946, § 1; 2009, ch. 288, § 3.
Nothing in this chapter shall be construed to:
(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency;
(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies; and
(4) Limit, modify, or abridge the authority of the governor to proclaim martial rule or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of or in conjunction with this chapter; provided, that the authority shall be limited to the extent provided under § 58-2-107(m) and as otherwise specifically provided by statute.
Acts 2000, ch. 946, § 1; 2009, ch. 288, § 3.
Tenn. Code Ann. § 58-1-227 — TN Code / Title 58 / Chapter 1 / Section 58-1-227
Relief from civil or criminal liability
Status: in_force

(a) Members of the national guard ordered into the active service of the state, pursuant to § 58-1-106 , shall receive the same immunity afforded by law to state employees for acts done in the performance of their duty while at their post of duty. When an action or proceeding of any nature shall be commenced in any court by any person against any member of the national guard for any act done by the guard member in guard member's official capacity in the discharge of guard member's assigned duty under parts 1, 2 and 4-6 of this chapter, or an alleged omission by guard member to do an act which it was the guard member's duty to perform or against any person acting under lawful authority or orders or by virtue of any warrant issued by guard member pursuant to law, the governor shall designate counsel to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department. (b) Officers and enlisted personnel of the national guard who engage in voluntary aid and assistance shall receive the same immunity afforded by law to state employees for actions taken in the performance of their duty while at their post of duty. When an action is commenced in any court by any person against any officer or enlisted personnel of the national guard for actions in the course of voluntary aid and assistance, counsel shall be designated as provided by title 8, chapter 42 to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department. (c) (1) Notwithstanding § 39-11-605 or § 39-11-622(a)(2) , if a member of the national guard uses force against another, including by discharging a personally owned firearm, and a civil cause of action is commenced against the national guard member alleging that the use of force resulted in the death or injury of, or property damage to, the person commencing the action, the national guard member shall have civil immunity with respect to any person commencing an action that is based on the national guard member's use of force, if the court in which the action is filed determines the national guard member: (A) Used force against the person bringing the action that was justifiable self-defense, in accordance with § 39-11-611 , or justifiable defense of others, in accordance with § 39-11-612 ; (B) Was on duty or in uniform at the time force was used; and (C) If the use of force involved the discharge of a personally owned handgun, was authorized to possess or carry a handgun pursuant to § 39-17-1351 and authorized by the military department to carry a personally owned handgun while on-duty or in uniform. (2) (A) As soon as possible after the national guard member's use of force, the attorney general and reporter shall investigate and determine whether the national guard member's use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the attorney general determines that the use of force was justifiable, the national guard member shall receive legal counsel designated as provided by title 8, chapter 42, to represent the national guard member if any action is commenced by any person against the national guard member that is based upon the national guard member's justified use of force. (B) If the attorney general and reporter determines the national guard member's use of force was not justified and declines to provide legal counsel, the provision of § 39-11-622(b) shall be applicable and available to the national guard member. (3) If any civil or administrative action is brought against the national guard member that is based on the national guard member's use of force, the trier of fact shall first determine if the use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the trier of fact finds the national guard member's use of force did comply, the action against the national guard member shall be dismissed. Amended by 2016 Tenn. Acts, ch. 778, s 1, eff. 4/12/2016. Acts 1970, ch. 596, § 90; 1978, ch. 830, § 4; T.C.A., § 7-143.
(a) Members of the national guard ordered into the active service of the state, pursuant to § 58-1-106 , shall receive the same immunity afforded by law to state employees for acts done in the performance of their duty while at their post of duty. When an action or proceeding of any nature shall be commenced in any court by any person against any member of the national guard for any act done by the guard member in guard member's official capacity in the discharge of guard member's assigned duty under parts 1, 2 and 4-6 of this chapter, or an alleged omission by guard member to do an act which it was the guard member's duty to perform or against any person acting under lawful authority or orders or by virtue of any warrant issued by guard member pursuant to law, the governor shall designate counsel to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department.
(b) Officers and enlisted personnel of the national guard who engage in voluntary aid and assistance shall receive the same immunity afforded by law to state employees for actions taken in the performance of their duty while at their post of duty. When an action is commenced in any court by any person against any officer or enlisted personnel of the national guard for actions in the course of voluntary aid and assistance, counsel shall be designated as provided by title 8, chapter 42 to represent and defend such guard member. All compensation of such counsel and all costs and expenses in connection with the action shall be payable from the funds appropriated to the military department.
(c) (1) Notwithstanding § 39-11-605 or § 39-11-622(a)(2) , if a member of the national guard uses force against another, including by discharging a personally owned firearm, and a civil cause of action is commenced against the national guard member alleging that the use of force resulted in the death or injury of, or property damage to, the person commencing the action, the national guard member shall have civil immunity with respect to any person commencing an action that is based on the national guard member's use of force, if the court in which the action is filed determines the national guard member: (A) Used force against the person bringing the action that was justifiable self-defense, in accordance with § 39-11-611 , or justifiable defense of others, in accordance with § 39-11-612 ; (B) Was on duty or in uniform at the time force was used; and (C) If the use of force involved the discharge of a personally owned handgun, was authorized to possess or carry a handgun pursuant to § 39-17-1351 and authorized by the military department to carry a personally owned handgun while on-duty or in uniform. (2) (A) As soon as possible after the national guard member's use of force, the attorney general and reporter shall investigate and determine whether the national guard member's use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the attorney general determines that the use of force was justifiable, the national guard member shall receive legal counsel designated as provided by title 8, chapter 42, to represent the national guard member if any action is commenced by any person against the national guard member that is based upon the national guard member's justified use of force. (B) If the attorney general and reporter determines the national guard member's use of force was not justified and declines to provide legal counsel, the provision of § 39-11-622(b) shall be applicable and available to the national guard member. (3) If any civil or administrative action is brought against the national guard member that is based on the national guard member's use of force, the trier of fact shall first determine if the use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the trier of fact finds the national guard member's use of force did comply, the action against the national guard member shall be dismissed.
(1) Notwithstanding § 39-11-605 or § 39-11-622(a)(2) , if a member of the national guard uses force against another, including by discharging a personally owned firearm, and a civil cause of action is commenced against the national guard member alleging that the use of force resulted in the death or injury of, or property damage to, the person commencing the action, the national guard member shall have civil immunity with respect to any person commencing an action that is based on the national guard member's use of force, if the court in which the action is filed determines the national guard member: (A) Used force against the person bringing the action that was justifiable self-defense, in accordance with § 39-11-611 , or justifiable defense of others, in accordance with § 39-11-612 ; (B) Was on duty or in uniform at the time force was used; and (C) If the use of force involved the discharge of a personally owned handgun, was authorized to possess or carry a handgun pursuant to § 39-17-1351 and authorized by the military department to carry a personally owned handgun while on-duty or in uniform.
(A) Used force against the person bringing the action that was justifiable self-defense, in accordance with § 39-11-611 , or justifiable defense of others, in accordance with § 39-11-612 ;
(B) Was on duty or in uniform at the time force was used; and
(C) If the use of force involved the discharge of a personally owned handgun, was authorized to possess or carry a handgun pursuant to § 39-17-1351 and authorized by the military department to carry a personally owned handgun while on-duty or in uniform.
(2) (A) As soon as possible after the national guard member's use of force, the attorney general and reporter shall investigate and determine whether the national guard member's use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the attorney general determines that the use of force was justifiable, the national guard member shall receive legal counsel designated as provided by title 8, chapter 42, to represent the national guard member if any action is commenced by any person against the national guard member that is based upon the national guard member's justified use of force. (B) If the attorney general and reporter determines the national guard member's use of force was not justified and declines to provide legal counsel, the provision of § 39-11-622(b) shall be applicable and available to the national guard member.
(A) As soon as possible after the national guard member's use of force, the attorney general and reporter shall investigate and determine whether the national guard member's use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the attorney general determines that the use of force was justifiable, the national guard member shall receive legal counsel designated as provided by title 8, chapter 42, to represent the national guard member if any action is commenced by any person against the national guard member that is based upon the national guard member's justified use of force.
(B) If the attorney general and reporter determines the national guard member's use of force was not justified and declines to provide legal counsel, the provision of § 39-11-622(b) shall be applicable and available to the national guard member.
(3) If any civil or administrative action is brought against the national guard member that is based on the national guard member's use of force, the trier of fact shall first determine if the use of force complied with the requirements of subdivisions (c)(1)(A)-(C). If the trier of fact finds the national guard member's use of force did comply, the action against the national guard member shall be dismissed.
Amended by 2016 Tenn. Acts, ch. 778, s 1, eff. 4/12/2016.
Acts 1970, ch. 596, § 90; 1978, ch. 830, § 4; T.C.A., § 7-143.
Tenn. Code Ann. § 58-8-108 — TN Code / Title 58 / Chapter 8 / Section 58-8-108
Command of the scene - Delegation of command
Status: in_force

The representative or representatives of the requesting party authorized to be in charge of emergency response at the scene shall be in command at the scene as to strategy, tactics, and overall direction of the operations. The requesting party may delegate command as needed. Generally accepted incident command procedures shall be implemented and followed. The responding party shall designate supervisory personnel for its employees sent to render aid or assistance. All orders or directions regarding the operations of the responding party shall be relayed to the responding party through these designated supervisory personnel unless a different arrangement is determined by the parties in the field to be more advantageous. Acts 2004, ch. 743, § 1.
The representative or representatives of the requesting party authorized to be in charge of emergency response at the scene shall be in command at the scene as to strategy, tactics, and overall direction of the operations. The requesting party may delegate command as needed. Generally accepted incident command procedures shall be implemented and followed. The responding party shall designate supervisory personnel for its employees sent to render aid or assistance. All orders or directions regarding the operations of the responding party shall be relayed to the responding party through these designated supervisory personnel unless a different arrangement is determined by the parties in the field to be more advantageous.
Acts 2004, ch. 743, § 1.
Tenn. Code Ann. § 58-4-301 — TN Code / Title 58 / Chapter 4 / Section 58-4-301
Display of P.O.W.-M.I.A. flag over state capitol
Status: in_force

(a) (1) On days that neither house of the general assembly is in session during the month of September, the P.O.W.-M.I.A. flag must be displayed over the state capitol in accordance with § 4-1-406(a) , on any day the United States flag is displayed, in order to increase public awareness of the P.O.W.-M.I.A. issue and to gain public support for the efforts of the United States government to resolve this matter. (2) Beginning June 30, 2017, the P.O.W.-M.I.A. flag must be displayed daily below the United States flag in War Memorial Plaza and in Vietnam Veterans Park. (b) In addition to the requirements of subsection (a), the P.O.W.-M.I.A. flag may be displayed over the state capitol, in accordance with § 4-1-406(a) , on any day the United States flag is displayed over the state capitol. Amended by 2017 Tenn. Acts, ch. 437, s 1, eff. 5/25/2017. Acts 1994, ch. 713, § 1; 2006, ch. 857, § 1; 2011 , ch. 238, § 1.
(a) (1) On days that neither house of the general assembly is in session during the month of September, the P.O.W.-M.I.A. flag must be displayed over the state capitol in accordance with § 4-1-406(a) , on any day the United States flag is displayed, in order to increase public awareness of the P.O.W.-M.I.A. issue and to gain public support for the efforts of the United States government to resolve this matter. (2) Beginning June 30, 2017, the P.O.W.-M.I.A. flag must be displayed daily below the United States flag in War Memorial Plaza and in Vietnam Veterans Park.
(1) On days that neither house of the general assembly is in session during the month of September, the P.O.W.-M.I.A. flag must be displayed over the state capitol in accordance with § 4-1-406(a) , on any day the United States flag is displayed, in order to increase public awareness of the P.O.W.-M.I.A. issue and to gain public support for the efforts of the United States government to resolve this matter.
(2) Beginning June 30, 2017, the P.O.W.-M.I.A. flag must be displayed daily below the United States flag in War Memorial Plaza and in Vietnam Veterans Park.
(b) In addition to the requirements of subsection (a), the P.O.W.-M.I.A. flag may be displayed over the state capitol, in accordance with § 4-1-406(a) , on any day the United States flag is displayed over the state capitol.
Amended by 2017 Tenn. Acts, ch. 437, s 1, eff. 5/25/2017.
Acts 1994, ch. 713, § 1; 2006, ch. 857, § 1; 2011 , ch. 238, § 1.
Tenn. Code Ann. § 58-2-301 — TN Code / Title 58 / Chapter 2 / Section 58-2-301
Short title
Status: in_force

This part is known and may be cited as the "Business Fairness Act." Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
This part is known and may be cited as the "Business Fairness Act."
Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 58-1-410 — TN Code / Title 58 / Chapter 1 / Section 58-1-410
Reserve organization
Status: in_force

During such time as the state guard is not activated, the adjutant general is authorized and empowered, on the approval of the governor, to set up and maintain a reserve organization of the state guard upon a voluntary basis under such system as to the adjutant general may seem most feasible in order to provide means for the creation of an armed force in case the national guard of the state be again called into federal service. Acts 1970, ch. 596, § 54; T.C.A., § 7-410; Acts 1985, ch. 36, § 9; 1998, ch. 584, § 11.
During such time as the state guard is not activated, the adjutant general is authorized and empowered, on the approval of the governor, to set up and maintain a reserve organization of the state guard upon a voluntary basis under such system as to the adjutant general may seem most feasible in order to provide means for the creation of an armed force in case the national guard of the state be again called into federal service.
Acts 1970, ch. 596, § 54; T.C.A., § 7-410; Acts 1985, ch. 36, § 9; 1998, ch. 584, § 11.
Tenn. Code Ann. § 58-1-705 — TN Code / Title 58 / Chapter 1 / Section 58-1-705
Use of trust fund moneys
Status: in_force

(a) During active duty of a regular member of the United States armed forces deployed outside the United States who names Tennessee as home of record for military purposes, or any federal active duty member of a state national guard or a reserve component who names Tennessee as home of record for military purposes, and for ninety (90) days following the end of deployment outside the United States or deactivation, as appropriate, trust fund moneys shall be used to support: (1) The person who names Tennessee home of record for military purposes; (2) The person's Tennessee resident spouse; and (3) The person's dependent or dependents. (b) An application for a trust fund grant may be filed by the member who names Tennessee as home of record for military purposes, the member's Tennessee resident spouse, or the member's children's parent or guardian. The application shall be accompanied by an appropriate authorization to access personnel information contained in the military database defense enrollment reporting system for verification purposes. (c) Subject to the availability of trust fund moneys, the adjutant general shall award a grant to an applicant, if that person's application is need-based, and the amount of the grant does not exceed the dollar cap established by the board through the promulgation of rules and regulations. An application shall be need-based, if: (1) Funds are requested for necessary expenses incurred, or to be incurred. Necessary expenses shall include, but not be limited to: (A) Housing; (B) Utilities; (C) Groceries; (D) Health insurance copays; and (E) Child care; (2) The necessary expenses created, or will create, an undue hardship on a person referred to in subsection (a); (3) The undue hardship is directly related to the member's deployment outside the United States or federal active duty, as appropriate; (4) The applicant does not have reasonable access to any other funding source, whether public or private; and (5) The military family assistance trust fund is the last resort for the applicant. (d) (1) The adjutant general shall award or decline to award a grant within sixty (60) days of receiving an application. (2) If the adjutant general awards or declines to award a grant, the adjutant general shall state in writing the reason for the decision and keep the writing on file. (3) If the adjutant general declines to award a grant, the adjutant general shall provide the applicant with a copy of the writing required by subdivision (d)(2). In addition, if the adjutant general declines to award a grant due to the lack of availability of public or private funds, the adjutant general shall identify sources of available funds for the applicant and provide assistance with regard to seeking funds from that source. (4) If the adjutant general declines to award a grant, an applicant may file a written request to the military family assistance trust fund board asking that the entire board review the application. Acts 2006, ch. 914, § 1.
(a) During active duty of a regular member of the United States armed forces deployed outside the United States who names Tennessee as home of record for military purposes, or any federal active duty member of a state national guard or a reserve component who names Tennessee as home of record for military purposes, and for ninety (90) days following the end of deployment outside the United States or deactivation, as appropriate, trust fund moneys shall be used to support: (1) The person who names Tennessee home of record for military purposes; (2) The person's Tennessee resident spouse; and (3) The person's dependent or dependents.
(1) The person who names Tennessee home of record for military purposes;
(2) The person's Tennessee resident spouse; and
(3) The person's dependent or dependents.
(b) An application for a trust fund grant may be filed by the member who names Tennessee as home of record for military purposes, the member's Tennessee resident spouse, or the member's children's parent or guardian. The application shall be accompanied by an appropriate authorization to access personnel information contained in the military database defense enrollment reporting system for verification purposes.
(c) Subject to the availability of trust fund moneys, the adjutant general shall award a grant to an applicant, if that person's application is need-based, and the amount of the grant does not exceed the dollar cap established by the board through the promulgation of rules and regulations. An application shall be need-based, if: (1) Funds are requested for necessary expenses incurred, or to be incurred. Necessary expenses shall include, but not be limited to: (A) Housing; (B) Utilities; (C) Groceries; (D) Health insurance copays; and (E) Child care; (2) The necessary expenses created, or will create, an undue hardship on a person referred to in subsection (a); (3) The undue hardship is directly related to the member's deployment outside the United States or federal active duty, as appropriate; (4) The applicant does not have reasonable access to any other funding source, whether public or private; and (5) The military family assistance trust fund is the last resort for the applicant.
(1) Funds are requested for necessary expenses incurred, or to be incurred. Necessary expenses shall include, but not be limited to: (A) Housing; (B) Utilities; (C) Groceries; (D) Health insurance copays; and (E) Child care;
(A) Housing;
(B) Utilities;
(C) Groceries;
(D) Health insurance copays; and
(E) Child care;
(2) The necessary expenses created, or will create, an undue hardship on a person referred to in subsection (a);
(3) The undue hardship is directly related to the member's deployment outside the United States or federal active duty, as appropriate;
(4) The applicant does not have reasonable access to any other funding source, whether public or private; and
(5) The military family assistance trust fund is the last resort for the applicant.
(d) (1) The adjutant general shall award or decline to award a grant within sixty (60) days of receiving an application. (2) If the adjutant general awards or declines to award a grant, the adjutant general shall state in writing the reason for the decision and keep the writing on file. (3) If the adjutant general declines to award a grant, the adjutant general shall provide the applicant with a copy of the writing required by subdivision (d)(2). In addition, if the adjutant general declines to award a grant due to the lack of availability of public or private funds, the adjutant general shall identify sources of available funds for the applicant and provide assistance with regard to seeking funds from that source. (4) If the adjutant general declines to award a grant, an applicant may file a written request to the military family assistance trust fund board asking that the entire board review the application.
(1) The adjutant general shall award or decline to award a grant within sixty (60) days of receiving an application.
(2) If the adjutant general awards or declines to award a grant, the adjutant general shall state in writing the reason for the decision and keep the writing on file.
(3) If the adjutant general declines to award a grant, the adjutant general shall provide the applicant with a copy of the writing required by subdivision (d)(2). In addition, if the adjutant general declines to award a grant due to the lack of availability of public or private funds, the adjutant general shall identify sources of available funds for the applicant and provide assistance with regard to seeking funds from that source.
(4) If the adjutant general declines to award a grant, an applicant may file a written request to the military family assistance trust fund board asking that the entire board review the application.
Acts 2006, ch. 914, § 1.
Tenn. Code Ann. § 58-1-304 — TN Code / Title 58 / Chapter 1 / Section 58-1-304
Uniform of militia
Status: in_force

The governor is authorized and directed, at the proper time, to issue the necessary regulations governing the uniform of the militia of this state; provided, that such uniform must comply with the laws of the United States. Acts 1933, ch. 128, § 26; C. Supp. 1950, § 1003.27 (Williams, § 845.26); T.C.A. (orig. ed.), § 7-205.
The governor is authorized and directed, at the proper time, to issue the necessary regulations governing the uniform of the militia of this state; provided, that such uniform must comply with the laws of the United States.
Acts 1933, ch. 128, § 26; C. Supp. 1950, § 1003.27 (Williams, § 845.26); T.C.A. (orig. ed.), § 7-205.
Tenn. Code Ann. § 58-7-102 — TN Code / Title 58 / Chapter 7 / Section 58-7-102
State veterans' homes board
Status: in_force

(a) (1) There is hereby created a body, politic and corporate, to be known as the "Tennessee state veterans' homes board." (2) The board, a political subdivision and instrumentality of the state, shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and shall be deemed to be serving a public purpose and improving and otherwise promoting their health, welfare, and prosperity. (b) The board shall consist of thirteen (13) members. The commissioner of veterans services and the commissioner of finance and administration shall be ex officio, voting members of the board. A commissioner may designate a staff member to attend meetings of the board or its committees and to exercise the commissioner's right to vote in the commissioner's absence. The designation shall be made in writing to the chair of the board. The remaining eleven (11) members shall be appointed by the governor. At least three (3) members shall be appointed from each of the three (3) grand divisions. All appointments shall be subject to review by the joint select committee on veterans services of the general assembly. Initial appointments to the board shall be for one (1), two (2) and three (3) years, respectively. Thereafter, all appointed members shall serve three-year terms. Each member must be a citizen of the state. One (1) member shall be a nursing home administrator at the time of the member's appointment and shall be experienced in the financial operations of nursing homes. One (1) member shall have clinical experience in nursing homes. The remaining members shall be honorably discharged veterans of the United States armed forces. Veteran members shall be appointed from nationally chartered service organizations that have departments in this state. The board shall be composed of members representing different organizations as well as different branches of the armed forces. (c) Appointed members of the board may be removed for cause by the governor. (d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term. Acts 1988, ch. 899, §2; 2008 , ch. 1137, §§ 1, 2.
(a) (1) There is hereby created a body, politic and corporate, to be known as the "Tennessee state veterans' homes board." (2) The board, a political subdivision and instrumentality of the state, shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and shall be deemed to be serving a public purpose and improving and otherwise promoting their health, welfare, and prosperity.
(1) There is hereby created a body, politic and corporate, to be known as the "Tennessee state veterans' homes board."
(2) The board, a political subdivision and instrumentality of the state, shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and shall be deemed to be serving a public purpose and improving and otherwise promoting their health, welfare, and prosperity.
(b) The board shall consist of thirteen (13) members. The commissioner of veterans services and the commissioner of finance and administration shall be ex officio, voting members of the board. A commissioner may designate a staff member to attend meetings of the board or its committees and to exercise the commissioner's right to vote in the commissioner's absence. The designation shall be made in writing to the chair of the board. The remaining eleven (11) members shall be appointed by the governor. At least three (3) members shall be appointed from each of the three (3) grand divisions. All appointments shall be subject to review by the joint select committee on veterans services of the general assembly. Initial appointments to the board shall be for one (1), two (2) and three (3) years, respectively. Thereafter, all appointed members shall serve three-year terms. Each member must be a citizen of the state. One (1) member shall be a nursing home administrator at the time of the member's appointment and shall be experienced in the financial operations of nursing homes. One (1) member shall have clinical experience in nursing homes. The remaining members shall be honorably discharged veterans of the United States armed forces. Veteran members shall be appointed from nationally chartered service organizations that have departments in this state. The board shall be composed of members representing different organizations as well as different branches of the armed forces.
(c) Appointed members of the board may be removed for cause by the governor.
(d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term.
Acts 1988, ch. 899, §2; 2008 , ch. 1137, §§ 1, 2.
Tenn. Code Ann. § 58-8-103 — TN Code / Title 58 / Chapter 8 / Section 58-8-103
Governance - Agreements to provide aid and assistance - Service and operational agreements - Purpose - Construction with other laws
Status: in_force

(a) On and after July 1, 2004, the provision and receipt of mutual aid and assistance by participating governmental entities shall be governed by this chapter, and no separate agreement is necessary except with regard to aid or assistance provided to entities in other states, aid or assistance provided between nongovernmental utilities and governmental entities, and governmental entities that decide to provide aid and assistance under a separate agreement. Governmental entities may choose by resolution of their governing bodies to continue agreements existing on July 1, 2004, until they expire or are terminated in accordance with their terms. Governmental entities may also by resolution extend existing agreements or make new agreements relative to mutual aid and assistance after July 1, 2004. When there is an agreement between or among governmental entities, that agreement and applicable authorizing law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party governing mutual aid or assistance, this chapter applies to both parties. (b) It is not the intent of this chapter to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under § 5-1-113 ; § 5-1-114 ; § 5-16-107 ; § 5-19-106 ; § 6-54-307 ; § 6-54-601 ; title 12, chapter 9; title 49, chapter 2, part 13; or other applicable law. (c) The purposes of this chapter are to authorize mutual aid during any occurrence and to enhance public safety and homeland security by facilitating assistance among governmental entities in any state of emergency or declared disaster while conforming to federal guidelines relative to reimbursement of costs for assistance rendered. (d) Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law. Amended by 2024 Tenn. Acts, ch. 641,s 3, eff. 4/4/2024. Acts 2004, ch. 743, §1; 2009 , ch. 388, § 2.
(a) On and after July 1, 2004, the provision and receipt of mutual aid and assistance by participating governmental entities shall be governed by this chapter, and no separate agreement is necessary except with regard to aid or assistance provided to entities in other states, aid or assistance provided between nongovernmental utilities and governmental entities, and governmental entities that decide to provide aid and assistance under a separate agreement. Governmental entities may choose by resolution of their governing bodies to continue agreements existing on July 1, 2004, until they expire or are terminated in accordance with their terms. Governmental entities may also by resolution extend existing agreements or make new agreements relative to mutual aid and assistance after July 1, 2004. When there is an agreement between or among governmental entities, that agreement and applicable authorizing law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party governing mutual aid or assistance, this chapter applies to both parties.
(b) It is not the intent of this chapter to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under § 5-1-113 ; § 5-1-114 ; § 5-16-107 ; § 5-19-106 ; § 6-54-307 ; § 6-54-601 ; title 12, chapter 9; title 49, chapter 2, part 13; or other applicable law.
(c) The purposes of this chapter are to authorize mutual aid during any occurrence and to enhance public safety and homeland security by facilitating assistance among governmental entities in any state of emergency or declared disaster while conforming to federal guidelines relative to reimbursement of costs for assistance rendered.
(d) Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law.
Amended by 2024 Tenn. Acts, ch. 641,s 3, eff. 4/4/2024.
Acts 2004, ch. 743, §1; 2009 , ch. 388, § 2.
Tenn. Code Ann. § 58-1-225 — TN Code / Title 58 / Chapter 1 / Section 58-1-225
Absence without leave
Status: in_force

When an enlisted person of the national guard is absent without leave or misses all scheduled drills without proper authority for five (5) drills, within any twelve-month period and there is reason to believe that the enlisted person does not intend to return, the enlisted person may be discharged, or if the enlisted person is an obligor, such person may be ordered to extended active duty as provided by appropriate federal regulation. Acts 1970, ch. 596, § 44; T.C.A., § 7-141.
When an enlisted person of the national guard is absent without leave or misses all scheduled drills without proper authority for five (5) drills, within any twelve-month period and there is reason to believe that the enlisted person does not intend to return, the enlisted person may be discharged, or if the enlisted person is an obligor, such person may be ordered to extended active duty as provided by appropriate federal regulation.
Acts 1970, ch. 596, § 44; T.C.A., § 7-141.
Tenn. Code Ann. § 58-2-902 — TN Code / Title 58 / Chapter 2 / Section 58-2-902
Findings and purpose
Status: in_force

(a) The general assembly declares that disaster mitigation and resiliency are of the highest priority to the state and the people of Tennessee. (b) The general assembly finds that congress enacted the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act (Pub. L. No. 116-284) in 2021 for states to establish a revolving loan fund. Revolving loan funds are used to provide funding assistance to local governments for projects to reduce disasters and hazards. (c) The purposes of this part are to ensure that Tennessee is ready and able to receive federal funds from the STORM Act by establishing the Resilient Tennessee Revolving Loan Fund, and to authorize the proper administration of the fund. Added by 2024 Tenn. Acts, ch. 686,s 1, eff. 7/1/2024.
(a) The general assembly declares that disaster mitigation and resiliency are of the highest priority to the state and the people of Tennessee.
(b) The general assembly finds that congress enacted the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act (Pub. L. No. 116-284) in 2021 for states to establish a revolving loan fund. Revolving loan funds are used to provide funding assistance to local governments for projects to reduce disasters and hazards.
(c) The purposes of this part are to ensure that Tennessee is ready and able to receive federal funds from the STORM Act by establishing the Resilient Tennessee Revolving Loan Fund, and to authorize the proper administration of the fund.
Added by 2024 Tenn. Acts, ch. 686,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 58-1-514 — TN Code / Title 58 / Chapter 1 / Section 58-1-514
Federal property - Care and custody
Status: in_force

Federal property, issued to the Tennessee national guard, shall not be used for any purpose other than that for which such was issued, and shall not be loaned for any other activity, either state, civilian, or federal, except to the extent authorized by appropriate regulations. All such property shall be deposited in the armories, headquarters, warehouses, arsenals, or other facilities provided for the purpose and shall not be removed therefrom except for service under proper authority and orders. Acts 1970, ch. 596, § 24; T.C.A., § 7-522.
Federal property, issued to the Tennessee national guard, shall not be used for any purpose other than that for which such was issued, and shall not be loaned for any other activity, either state, civilian, or federal, except to the extent authorized by appropriate regulations. All such property shall be deposited in the armories, headquarters, warehouses, arsenals, or other facilities provided for the purpose and shall not be removed therefrom except for service under proper authority and orders.
Acts 1970, ch. 596, § 24; T.C.A., § 7-522.
Tenn. Code Ann. § 58-2-604 — TN Code / Title 58 / Chapter 2 / Section 58-2-604
Removal or abatement of hazardous substances discharge
Status: in_force

(a) The county legislative body or the county emergency management agency (or other body authorized by the county legislative body) is authorized to take such steps as necessary to remove or abate any discharge of hazardous substances associated with a transportation incident or an emergency spill within the county, or to contract with a private entity for removal of the same; and, further, have the authority to recover costs from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action. This section does not apply to a person, as defined in § 68-212-104 , or a liable party, as defined in § 68-212-202 , operating under a permit or an order issued by the department of environment and conservation. (b) For the purposes of this section: (1) (A) "Costs" means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response; (B) "Costs" also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and (2) "Hazardous substance" means any substance as defined in § 68-131-102 . Acts 1992, ch. 950, §§ 1, 2; T.C.A., § 58-2-304 ; Acts 2000, ch. 946, § 2.
(a) The county legislative body or the county emergency management agency (or other body authorized by the county legislative body) is authorized to take such steps as necessary to remove or abate any discharge of hazardous substances associated with a transportation incident or an emergency spill within the county, or to contract with a private entity for removal of the same; and, further, have the authority to recover costs from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action. This section does not apply to a person, as defined in § 68-212-104 , or a liable party, as defined in § 68-212-202 , operating under a permit or an order issued by the department of environment and conservation.
(b) For the purposes of this section: (1) (A) "Costs" means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response; (B) "Costs" also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and (2) "Hazardous substance" means any substance as defined in § 68-131-102 .
(1) (A) "Costs" means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response; (B) "Costs" also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and
(A) "Costs" means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response;
(B) "Costs" also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and
(2) "Hazardous substance" means any substance as defined in § 68-131-102 .
Acts 1992, ch. 950, §§ 1, 2; T.C.A., § 58-2-304 ; Acts 2000, ch. 946, § 2.
Tenn. Code Ann. § 58-2-302 — TN Code / Title 58 / Chapter 2 / Section 58-2-302
Continuation or resumption of business during state of emergency
Status: in_force

During the existence of a state of emergency declared pursuant to this chapter, a business entity may continue or resume its business if the business entity complies with safety precautions and guidelines issued by the governor, state department or agency, or a county or municipal governing body or agency acting in accordance with this chapter, or any executive order, proclamation, or rule issued pursuant to this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin. Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
During the existence of a state of emergency declared pursuant to this chapter, a business entity may continue or resume its business if the business entity complies with safety precautions and guidelines issued by the governor, state department or agency, or a county or municipal governing body or agency acting in accordance with this chapter, or any executive order, proclamation, or rule issued pursuant to this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 58-1-622 — TN Code / Title 58 / Chapter 1 / Section 58-1-622
False official statements
Status: in_force

Any person subject to §§ 58-1-611 - 58-1-634 as provided in § 58-1-632 who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false, is guilty of a Class C misdemeanor. Acts 1970, ch. 596, § 66; T.C.A., § 7-322; Acts 1989, ch. 591, § 113.
Any person subject to §§ 58-1-611 - 58-1-634 as provided in § 58-1-632 who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false, is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 66; T.C.A., § 7-322; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 58-7-104 — TN Code / Title 58 / Chapter 7 / Section 58-7-104
Creation of executive committee - Duties
Status: in_force

(a) There is created an executive committee of the board. The executive committee shall be composed of three (3) members of the board. One (1) member shall be the commissioner of finance and administration. The remaining two (2) members shall be elected by the board subject to the qualifications that one (1) member shall be either a nursing home administrator at the time of the member's appointment or someone who has clinical experience in nursing homes, and one (1) member who shall be the chair of the board. (b) The executive committee shall be responsible for the oversight of the day-to-day management and operation of state veterans' homes, including, but not limited to: (1) The authority to employ an executive director and other employees and to incur expenses as may be necessary for the proper discharge of its duties; (2) The authority to establish policies regarding the rates for patient care while in a state veterans' home; and (3) The authority to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts for the operation of the state veterans' homes. All contracts that pertain to the acquisition and improvement of real property pursuant to § 4-15-102 must be approved in advance by the building commission and must be approved by the board. Contracts for services must also be approved in advance pursuant to [former] § 12-4-109 [repealed]. (c) The executive director shall be appointed by the executive committee subject to review by the full board. The compensation of the executive director shall be established by the executive committee. The executive director shall be subject to an annual review and shall serve at the pleasure of the executive committee. (d) The executive committee shall file a quarterly report with the fiscal review committee concerning the operations of each state veterans' nursing home. The report shall be filed within fifteen (15) business days following the end of each calendar quarter and include information for the three-month period. The report shall include detailed information concerning the extent to which each state veterans' nursing home is in compliance with state and federal law, as well as all actions taken by the executive committee to ensure compliance with the requirements of this chapter. The report shall also include any specific information requested by the chair of the fiscal review committee. Acts 1988, ch. 899, §4; 2008 , ch. 1137, § 5.
(a) There is created an executive committee of the board. The executive committee shall be composed of three (3) members of the board. One (1) member shall be the commissioner of finance and administration. The remaining two (2) members shall be elected by the board subject to the qualifications that one (1) member shall be either a nursing home administrator at the time of the member's appointment or someone who has clinical experience in nursing homes, and one (1) member who shall be the chair of the board.
(b) The executive committee shall be responsible for the oversight of the day-to-day management and operation of state veterans' homes, including, but not limited to: (1) The authority to employ an executive director and other employees and to incur expenses as may be necessary for the proper discharge of its duties; (2) The authority to establish policies regarding the rates for patient care while in a state veterans' home; and (3) The authority to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts for the operation of the state veterans' homes. All contracts that pertain to the acquisition and improvement of real property pursuant to § 4-15-102 must be approved in advance by the building commission and must be approved by the board. Contracts for services must also be approved in advance pursuant to [former] § 12-4-109 [repealed].
(1) The authority to employ an executive director and other employees and to incur expenses as may be necessary for the proper discharge of its duties;
(2) The authority to establish policies regarding the rates for patient care while in a state veterans' home; and
(3) The authority to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts for the operation of the state veterans' homes. All contracts that pertain to the acquisition and improvement of real property pursuant to § 4-15-102 must be approved in advance by the building commission and must be approved by the board. Contracts for services must also be approved in advance pursuant to [former] § 12-4-109 [repealed].
(c) The executive director shall be appointed by the executive committee subject to review by the full board. The compensation of the executive director shall be established by the executive committee. The executive director shall be subject to an annual review and shall serve at the pleasure of the executive committee.
(d) The executive committee shall file a quarterly report with the fiscal review committee concerning the operations of each state veterans' nursing home. The report shall be filed within fifteen (15) business days following the end of each calendar quarter and include information for the three-month period. The report shall include detailed information concerning the extent to which each state veterans' nursing home is in compliance with state and federal law, as well as all actions taken by the executive committee to ensure compliance with the requirements of this chapter. The report shall also include any specific information requested by the chair of the fiscal review committee.
Acts 1988, ch. 899, §4; 2008 , ch. 1137, § 5.
Tenn. Code Ann. § 58-9-104 — TN Code / Title 58 / Chapter 9 / Section 58-9-104
Commission responsibilities
Status: in_force

The commission is responsible for all of the following in connection with earthquake hazard mitigation: (1) Setting goals and priorities in the public and private sectors; (2) Requesting appropriate state agencies, including the emergency management agency, to devise criteria to promote earthquake and disaster safety; (3) Recommending program changes to state agencies, local agencies and the private sector where the changes would improve earthquake hazards and reduction; (4) Reviewing the recovery and reconstruction efforts after damaging earthquakes; (5) Gathering, analyzing and disseminating information; (6) Encouraging research; (7) Helping to coordinate the earthquake safety activities of government at all levels; and (8) Establishing and maintaining necessary working relationships with any boards, commissions, departments and agencies or other public or private organizations. Acts 2006, ch. 905, § 5.
The commission is responsible for all of the following in connection with earthquake hazard mitigation:
(1) Setting goals and priorities in the public and private sectors;
(2) Requesting appropriate state agencies, including the emergency management agency, to devise criteria to promote earthquake and disaster safety;
(3) Recommending program changes to state agencies, local agencies and the private sector where the changes would improve earthquake hazards and reduction;
(4) Reviewing the recovery and reconstruction efforts after damaging earthquakes;
(5) Gathering, analyzing and disseminating information;
(6) Encouraging research;
(7) Helping to coordinate the earthquake safety activities of government at all levels; and
(8) Establishing and maintaining necessary working relationships with any boards, commissions, departments and agencies or other public or private organizations.
Acts 2006, ch. 905, § 5.
Tenn. Code Ann. § 58-2-102 — TN Code / Title 58 / Chapter 2 / Section 58-2-102
Legislative intent
Status: in_force

(a) The general assembly finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological, terrorist acts, and manmade disasters, all of which threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The general assembly further finds that this vulnerability is exacerbated by the growth in the state's population, in the elderly population, in the number of seasonal vacationers, and in the number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities. (b) It is the intent of the general assembly to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation or shelter-in-place of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the restoration of services and property; and to provide for the coordination of activities relating to emergency preparedness, response, recovery, and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations, and with the private sector. (c) It is further the intent of the general assembly to promote the state's emergency preparedness, response, recovery, and mitigation capabilities through enhanced coordination, long-term planning, and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated, and timely support to communities and the public. Therefore, the general assembly hereby determines and declares that this chapter fulfills a compelling state interest. Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7a.
(a) The general assembly finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological, terrorist acts, and manmade disasters, all of which threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The general assembly further finds that this vulnerability is exacerbated by the growth in the state's population, in the elderly population, in the number of seasonal vacationers, and in the number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities.
(b) It is the intent of the general assembly to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation or shelter-in-place of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the restoration of services and property; and to provide for the coordination of activities relating to emergency preparedness, response, recovery, and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations, and with the private sector.
(c) It is further the intent of the general assembly to promote the state's emergency preparedness, response, recovery, and mitigation capabilities through enhanced coordination, long-term planning, and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated, and timely support to communities and the public. Therefore, the general assembly hereby determines and declares that this chapter fulfills a compelling state interest.
Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7a.
Tenn. Code Ann. § 58-3-114 — TN Code / Title 58 / Chapter 3 / Section 58-3-114
Suicide prevention training
Status: in_force

The department of veterans services shall provide training in suicide prevention to the employees of the department who directly interact with veterans. The training provided pursuant to this section must equip employees with the ability to recognize the warning signs of a potential suicide. The department may utilize resources from nonprofit organizations to provide the training required by this section. Acts 2020, ch. 531, § 1.
The department of veterans services shall provide training in suicide prevention to the employees of the department who directly interact with veterans. The training provided pursuant to this section must equip employees with the ability to recognize the warning signs of a potential suicide. The department may utilize resources from nonprofit organizations to provide the training required by this section.
Acts 2020, ch. 531, § 1.
Tenn. Code Ann. § 58-8-113 — TN Code / Title 58 / Chapter 8 / Section 58-8-113
Authority to provide aid or assistance in any area of the state
Status: in_force

In addition to any other authority provided by this chapter, any governmental entity may provide aid or assistance in any area of the state to any state or federal agency upon request by the state or federal agency, and the governmental entity and its employees will be subject to the same protections and immunities they have under this chapter in furnishing aid or assistance to other governmental entities. This section and any other portion of this chapter are in addition to and not in substitution for, and do not diminish, the authority provided in § 58-2-113 or any other law that authorizes a local governmental entity to respond to a request for aid or assistance from TEMA or any other state or federal agency. Nothing in this chapter shall be construed to require that employees of the responding party are to be considered employees of the state or any of its agencies for any purpose. Acts 2004, ch. 743, § 1.
In addition to any other authority provided by this chapter, any governmental entity may provide aid or assistance in any area of the state to any state or federal agency upon request by the state or federal agency, and the governmental entity and its employees will be subject to the same protections and immunities they have under this chapter in furnishing aid or assistance to other governmental entities. This section and any other portion of this chapter are in addition to and not in substitution for, and do not diminish, the authority provided in § 58-2-113 or any other law that authorizes a local governmental entity to respond to a request for aid or assistance from TEMA or any other state or federal agency. Nothing in this chapter shall be construed to require that employees of the responding party are to be considered employees of the state or any of its agencies for any purpose.
Acts 2004, ch. 743, § 1.
Tenn. Code Ann. § 58-1-604 — TN Code / Title 58 / Chapter 1 / Section 58-1-604
Discrimination against members of the national guard
Status: in_force

It is a Class E felony for any person, firm or corporation to refuse employment to any person for the sole reason that the person is a member of the Tennessee national guard or to terminate the employment of any such person for such reason or because of absence from place of employment while attending any prescribed drill, including annual field training. Acts 1970, ch. 596, § 99; T.C.A., § 7-304; Acts 1989, ch. 591, § 67.
It is a Class E felony for any person, firm or corporation to refuse employment to any person for the sole reason that the person is a member of the Tennessee national guard or to terminate the employment of any such person for such reason or because of absence from place of employment while attending any prescribed drill, including annual field training.
Acts 1970, ch. 596, § 99; T.C.A., § 7-304; Acts 1989, ch. 591, § 67.
Tenn. Code Ann. § 58-4-208 — TN Code / Title 58 / Chapter 4 / Section 58-4-208
Borrowing power - Bonds
Status: in_force

Each municipality and county of the state, acting by and through its governing body, is authorized to borrow money and to issue and sell bonds of such municipality or county pursuant to title 9, chapter 21 for the purpose of providing the funds necessary to carry out the purposes of §§ 58-4-206 - 58-4-208. Acts 1945, ch. 131, § 3; C. Supp. 1950, § 1012.20 (Williams, § 1012.23); T.C.A. (orig. ed.), § 7-908; Acts 1988, ch. 750, § 65.
Each municipality and county of the state, acting by and through its governing body, is authorized to borrow money and to issue and sell bonds of such municipality or county pursuant to title 9, chapter 21 for the purpose of providing the funds necessary to carry out the purposes of §§ 58-4-206 - 58-4-208.
Acts 1945, ch. 131, § 3; C. Supp. 1950, § 1012.20 (Williams, § 1012.23); T.C.A. (orig. ed.), § 7-908; Acts 1988, ch. 750, § 65.
Tenn. Code Ann. § 58-1-633 — TN Code / Title 58 / Chapter 1 / Section 58-1-633
Enlisted personnel - Explanation of penal laws
Status: in_force

Sections 58-1-611 - 58-1-633 shall be carefully explained to each enlisted member at the time of enlistment and annually thereafter. Acts 1970, ch. 596, § 77; T.C.A., § 7-333.
Sections 58-1-611 - 58-1-633 shall be carefully explained to each enlisted member at the time of enlistment and annually thereafter.
Acts 1970, ch. 596, § 77; T.C.A., § 7-333.
Tenn. Code Ann. § 58-2-101 — TN Code / Title 58 / Chapter 2 / Section 58-2-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agency" means the Tennessee emergency management agency (TEMA); (2) "Broadcaster" means a radio broadcasting station or a television broadcasting station primarily engaged in the business of facilitating or originating speech, pictures or both through over the air communications, both as to pure speech and commercial speech and for all purposes operating under licenses provided by the federal communications commission and which station has been selected by the federal emergency management agency as a primary entry point; (3) "CLEO" means the chief local elected official; (4) "Compacts" means the emergency management compacts included in parts 4 and 7 of this chapter; (5) "Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. "Disaster" is identifiable by the severity of resulting damage, as follows: (A) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement; (B) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and (C) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance; (6) "EMA" means a local emergency management agency of a political subdivision; (7) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics; (8) "Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (A) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action; (B) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies; (C) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency; (D) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies; (E) Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and (F) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use; (9) "Emergency management preparedness and assistance trust fund" means a trust fund to be administered solely by TEMA. All funds collected by the state and placed in this trust fund shall be designated for emergency management purposes only; (10) "Emergency response broadcaster" means a person certified pursuant to § 58-2-128 as an emergency response broadcaster; (11) "Emergency services coordinator" or "ESC" means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. The ESC and an alternate will be responsible for coordinating with the agency on emergency preparedness issues, preparing and maintaining emergency preparedness and post disaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel; (12) "Energy emergency" means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 919 ( 42 U.S.C. §§ 2011 - 2394 ); also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring in or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state; (13) "Energy resources" includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description; (14) "Entity" includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest; (15) "GAR" means the governor's authorized representative; (16) "Local emergency management agency" means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision; (17) "Manmade emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government; (18) "Mobile reserve unit" means an organization for emergency management created in accordance with this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area; (19) "Natural emergency" means any emergency caused by a natural event, including, but not limited to, a storm, a flood, a drought, or an earthquake; (20) "Person" includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural; (21) "Political subdivision" means any municipality or county, including any county having metropolitan form of government, created pursuant to law; (22) "Public official" means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state; (23) "SCO" means state coordinating officer; (24) "Technological emergency" means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident; and (25) "TEMP" means Tennessee emergency management plan. Amended by 2014 Tenn. Acts, ch. 730, s 2, eff. 4/16/2014. Acts 2000, ch. 946, § 1; 2006, ch. 588, § 1; 2009 , ch. 288, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Agency" means the Tennessee emergency management agency (TEMA);
(2) "Broadcaster" means a radio broadcasting station or a television broadcasting station primarily engaged in the business of facilitating or originating speech, pictures or both through over the air communications, both as to pure speech and commercial speech and for all purposes operating under licenses provided by the federal communications commission and which station has been selected by the federal emergency management agency as a primary entry point;
(3) "CLEO" means the chief local elected official;
(4) "Compacts" means the emergency management compacts included in parts 4 and 7 of this chapter;
(5) "Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. "Disaster" is identifiable by the severity of resulting damage, as follows: (A) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement; (B) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and (C) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance;
(A) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement;
(B) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance; and
(C) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance;
(6) "EMA" means a local emergency management agency of a political subdivision;
(7) "Emergency" means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property; provided, that natural threats may include disease outbreaks and epidemics;
(8) "Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (A) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action; (B) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies; (C) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency; (D) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies; (E) Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and (F) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use;
(A) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action;
(B) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies;
(C) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency;
(D) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies;
(E) Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post emergency response, recovery, and mitigation; and
(F) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use;
(9) "Emergency management preparedness and assistance trust fund" means a trust fund to be administered solely by TEMA. All funds collected by the state and placed in this trust fund shall be designated for emergency management purposes only;
(10) "Emergency response broadcaster" means a person certified pursuant to § 58-2-128 as an emergency response broadcaster;
(11) "Emergency services coordinator" or "ESC" means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. The ESC and an alternate will be responsible for coordinating with the agency on emergency preparedness issues, preparing and maintaining emergency preparedness and post disaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel;
(12) "Energy emergency" means a condition of danger to the health, safety, welfare, or economic well being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 919 ( 42 U.S.C. §§ 2011 - 2394 ); also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring in or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state;
(13) "Energy resources" includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description;
(14) "Entity" includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest;
(15) "GAR" means the governor's authorized representative;
(16) "Local emergency management agency" means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision;
(17) "Manmade emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government;
(18) "Mobile reserve unit" means an organization for emergency management created in accordance with this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area;
(19) "Natural emergency" means any emergency caused by a natural event, including, but not limited to, a storm, a flood, a drought, or an earthquake;
(20) "Person" includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural;
(21) "Political subdivision" means any municipality or county, including any county having metropolitan form of government, created pursuant to law;
(22) "Public official" means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state;
(23) "SCO" means state coordinating officer;
(24) "Technological emergency" means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident; and
(25) "TEMP" means Tennessee emergency management plan.
Amended by 2014 Tenn. Acts, ch. 730, s 2, eff. 4/16/2014.
Acts 2000, ch. 946, § 1; 2006, ch. 588, § 1; 2009 , ch. 288, § 2.
Tenn. Code Ann. § 58-1-111 — TN Code / Title 58 / Chapter 1 / Section 58-1-111
Honorary staff of the governor
Status: in_force

The honorary staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, and such honorary aides-de-camp as the governor may deem desirable or proper. Honorary staff officers shall bear the honorary rank and title of colonel. Acts 1970, ch. 596, § 10; T.C.A., § 7-111.
The honorary staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, and such honorary aides-de-camp as the governor may deem desirable or proper. Honorary staff officers shall bear the honorary rank and title of colonel.
Acts 1970, ch. 596, § 10; T.C.A., § 7-111.
Tenn. Code Ann. § 58-2-120 — TN Code / Title 58 / Chapter 2 / Section 58-2-120
Penalties
Status: in_force

In the event of an emergency declared pursuant to this chapter, any person or representative thereof violating any order, rule or regulation promulgated pursuant to this chapter commits a Class A misdemeanor. Acts 2000, ch. 946, § 1.
In the event of an emergency declared pursuant to this chapter, any person or representative thereof violating any order, rule or regulation promulgated pursuant to this chapter commits a Class A misdemeanor.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-2-810 — TN Code / Title 58 / Chapter 2 / Section 58-2-810
Emergency rules
Status: in_force

TEMA may promulgate emergency rules to implement this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In doing so, TEMA shall consult with the department and shall consult with and consider the recommendations of any other entity established to coordinate the implementation of the emergency management assistance compacts and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part and make the emergency response systems in the various states reasonably compatible. Acts 2007, ch. 579, § 11; 2009, ch. 566, § 12.
TEMA may promulgate emergency rules to implement this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In doing so, TEMA shall consult with the department and shall consult with and consider the recommendations of any other entity established to coordinate the implementation of the emergency management assistance compacts and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part and make the emergency response systems in the various states reasonably compatible.
Acts 2007, ch. 579, § 11; 2009, ch. 566, § 12.
Tenn. Code Ann. § 58-4-206 — TN Code / Title 58 / Chapter 4 / Section 58-4-206
Municipal and county memorials
Status: in_force

Each municipality and county of the state is authorized and empowered to erect suitable public memorials and to contract for the erection of such memorials to the services of the members of the armed forces and veterans of the various wars in which Tennesseans have fought. The memorials selected shall be in the form of any public improvement approved as hereinafter provided by the governing body of such municipality or county and may include public buildings, hospitals, schools and auditoriums (but such enumeration shall not limit the discretion of such governing body of the municipality or county in its selection of appropriate memorials). Acts 1945, ch. 131, § 1; C. Supp. 1950, § 1012.18 (Williams, § 1012.21); T.C.A. (orig. ed.), § 7-906.
Each municipality and county of the state is authorized and empowered to erect suitable public memorials and to contract for the erection of such memorials to the services of the members of the armed forces and veterans of the various wars in which Tennesseans have fought. The memorials selected shall be in the form of any public improvement approved as hereinafter provided by the governing body of such municipality or county and may include public buildings, hospitals, schools and auditoriums (but such enumeration shall not limit the discretion of such governing body of the municipality or county in its selection of appropriate memorials).
Acts 1945, ch. 131, § 1; C. Supp. 1950, § 1012.18 (Williams, § 1012.21); T.C.A. (orig. ed.), § 7-906.
Tenn. Code Ann. § 58-7-108 — TN Code / Title 58 / Chapter 7 / Section 58-7-108
Disposition of funds
Status: in_force

The administrator of each home shall deposit with the state treasurer funds paid by veterans for their maintenance, funds received from the United States treasury and other funds given or granted to the home, including state funds. Such funds may be invested in the local government investment pool pursuant to title 9, chapter 4, part 7. The board is authorized to accept funds from any source whatever, including the federal government or any department or board thereof. All such funds received by the board for such state veterans' homes, including funds from the United States government or any federal board or program for the support of persons housed on the grounds of state veterans' homes, shall be used by the board to pay maintenance, operational and administrative expenses, and to further the objectives and purposes of the state veterans' homes. The board may establish such bank accounts pursuant to § 9-4-302 as are necessary for the efficient management of the homes. Acts 1988, ch. 899, § 8.
The administrator of each home shall deposit with the state treasurer funds paid by veterans for their maintenance, funds received from the United States treasury and other funds given or granted to the home, including state funds. Such funds may be invested in the local government investment pool pursuant to title 9, chapter 4, part 7. The board is authorized to accept funds from any source whatever, including the federal government or any department or board thereof. All such funds received by the board for such state veterans' homes, including funds from the United States government or any federal board or program for the support of persons housed on the grounds of state veterans' homes, shall be used by the board to pay maintenance, operational and administrative expenses, and to further the objectives and purposes of the state veterans' homes. The board may establish such bank accounts pursuant to § 9-4-302 as are necessary for the efficient management of the homes.
Acts 1988, ch. 899, § 8.
Tenn. Code Ann. § 58-8-107 — TN Code / Title 58 / Chapter 8 / Section 58-8-107
Discretion of participating entities to respond - Withdrawal of aid or assistance - Mutual aid for emergency medical services
Status: in_force

(a) This chapter does not create a duty on participating governmental entities to respond to a request for aid or assistance nor to stay at the scene of an occurrence or emergency for any length of time. Upon receipt of a request for aid or assistance, a potential responding party shall determine whether and to what extent it will provide the aid or assistance. If the potential responding party determines in its complete discretion that it is not in its best interest to provide aid or assistance, it shall notify the requesting party of its decision as soon as possible. If the potential responding party determines that aid or assistance can be provided, it shall communicate the following information to the requesting party as soon as possible: (1) A description of what personnel, equipment, and other resources it will provide; (2) An estimate of the length of time aid or assistance will be available; and (3) An estimated time of arrival at the scene or designated meeting place. (b) The responding party may withdraw aid or assistance at any time. The responding party shall notify the requesting party as soon as possible of any decision to withdraw aid or assistance. (c) The provisions of this section that require certain actions are directory rather than mandatory and do not create a public or special duty on the part of any participating governmental entity. (d) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to respond to a request for mutual aid for emergency medical services under § 58-8-105(e) from a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency. A county is authorized to enter into a mutual aid agreement under title 12 to permit routine and automatic approval of and response to such requests. Acts 2004, ch. 743, §1; 2012 , ch. 906, § 2.
(a) This chapter does not create a duty on participating governmental entities to respond to a request for aid or assistance nor to stay at the scene of an occurrence or emergency for any length of time. Upon receipt of a request for aid or assistance, a potential responding party shall determine whether and to what extent it will provide the aid or assistance. If the potential responding party determines in its complete discretion that it is not in its best interest to provide aid or assistance, it shall notify the requesting party of its decision as soon as possible. If the potential responding party determines that aid or assistance can be provided, it shall communicate the following information to the requesting party as soon as possible: (1) A description of what personnel, equipment, and other resources it will provide; (2) An estimate of the length of time aid or assistance will be available; and (3) An estimated time of arrival at the scene or designated meeting place.
(1) A description of what personnel, equipment, and other resources it will provide;
(2) An estimate of the length of time aid or assistance will be available; and
(3) An estimated time of arrival at the scene or designated meeting place.
(b) The responding party may withdraw aid or assistance at any time. The responding party shall notify the requesting party as soon as possible of any decision to withdraw aid or assistance.
(c) The provisions of this section that require certain actions are directory rather than mandatory and do not create a public or special duty on the part of any participating governmental entity.
(d) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to respond to a request for mutual aid for emergency medical services under § 58-8-105(e) from a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency. A county is authorized to enter into a mutual aid agreement under title 12 to permit routine and automatic approval of and response to such requests.
Acts 2004, ch. 743, §1; 2012 , ch. 906, § 2.
Tenn. Code Ann. § 58-1-620 — TN Code / Title 58 / Chapter 1 / Section 58-1-620
Mutiny or sedition
Status: in_force

(a) Any member of the national guard who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise to do such guard member's duty or creates any violence or disturbance is guilty of mutiny; (2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbances against that authority is guilty of sedition; (3) Fails to do the utmost to prevent and suppress a mutiny or sedition being committed in the guard member's presence, or fails to take all reasonable means to inform the superior commissioned officer or the commanding officer of a mutiny or sedition which the guard member knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (b) Any member of the national guard who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition is guilty of a Class C felony. Acts 1970, ch. 596, § 64, T.C.A., § 7-320; Acts 1989, ch. 591, § 68.
(a) Any member of the national guard who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise to do such guard member's duty or creates any violence or disturbance is guilty of mutiny; (2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbances against that authority is guilty of sedition; (3) Fails to do the utmost to prevent and suppress a mutiny or sedition being committed in the guard member's presence, or fails to take all reasonable means to inform the superior commissioned officer or the commanding officer of a mutiny or sedition which the guard member knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise to do such guard member's duty or creates any violence or disturbance is guilty of mutiny;
(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbances against that authority is guilty of sedition;
(3) Fails to do the utmost to prevent and suppress a mutiny or sedition being committed in the guard member's presence, or fails to take all reasonable means to inform the superior commissioned officer or the commanding officer of a mutiny or sedition which the guard member knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) Any member of the national guard who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition is guilty of a Class C felony.
Acts 1970, ch. 596, § 64, T.C.A., § 7-320; Acts 1989, ch. 591, § 68.
Tenn. Code Ann. § 58-1-611 — TN Code / Title 58 / Chapter 1 / Section 58-1-611
Fraudulent enlistment, appointment or separation
Status: in_force

Any person who: (1) Enlists or procures appointment in the national guard by means of knowingly false representations or deliberate concealment as to the person's qualifications for such enlistment or appointment and receives pay or allowances thereunder; or (2) Separates from the national guard by means of knowingly false representations or deliberate concealment as to the person's eligibility for such separation; is guilty of a Class C misdemeanor. Acts 1970, ch. 596, § 55; T.C.A., § 7-311; Acts 1989, ch. 591, § 113.
Any person who:
(1) Enlists or procures appointment in the national guard by means of knowingly false representations or deliberate concealment as to the person's qualifications for such enlistment or appointment and receives pay or allowances thereunder; or
(2) Separates from the national guard by means of knowingly false representations or deliberate concealment as to the person's eligibility for such separation; is guilty of a Class C misdemeanor.
is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 55; T.C.A., § 7-311; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 58-2-812 — TN Code / Title 58 / Chapter 2 / Section 58-2-812
Workers' compensation benefits
Status: in_force

Notwithstanding § 8-42-101(3)(B) concerning workers' compensation coverage of certain state employees, a volunteer health practitioner who is providing health services in this state pursuant to this part, or who is traveling to or from this state to provide such services, and who is not covered by workers' compensation insurance, shall be considered an employee of this state for purposes of any medical workers' compensation benefits concerning any injury incurred in traveling or providing the services. Benefits for volunteer health practitioners are limited to those medical benefits provided to state employees under the laws of this state. Acts 2007, ch. 579, § 13.
Notwithstanding § 8-42-101(3)(B) concerning workers' compensation coverage of certain state employees, a volunteer health practitioner who is providing health services in this state pursuant to this part, or who is traveling to or from this state to provide such services, and who is not covered by workers' compensation insurance, shall be considered an employee of this state for purposes of any medical workers' compensation benefits concerning any injury incurred in traveling or providing the services. Benefits for volunteer health practitioners are limited to those medical benefits provided to state employees under the laws of this state.
Acts 2007, ch. 579, § 13.
Tenn. Code Ann. § 58-1-405 — TN Code / Title 58 / Chapter 1 / Section 58-1-405
Powers of governor in supervision of guard
Status: in_force

The governor is authorized to appoint and commission necessary officers for the state guard; to prescribe rules and regulations governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of the state guard; to obtain by grant, requisition, or purchase such necessary arms and equipment as may be secured from the department of defense, or procure from other sources, the necessary arms and equipment to maintain and equip the state guard; to make available to the state guard the facilities of the state armories and their equipment and such other state premises or property as may be available for the purpose of drill, housing and instruction; to rent, if necessary, such additional property as may be required for drilling, housing and instruction. Acts 1970, ch. 596, § 49; T.C.A., § 7-405; Acts 1985, ch. 36, §§ 4, 5; 1998, ch. 584, § 7.
The governor is authorized to appoint and commission necessary officers for the state guard; to prescribe rules and regulations governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of the state guard; to obtain by grant, requisition, or purchase such necessary arms and equipment as may be secured from the department of defense, or procure from other sources, the necessary arms and equipment to maintain and equip the state guard; to make available to the state guard the facilities of the state armories and their equipment and such other state premises or property as may be available for the purpose of drill, housing and instruction; to rent, if necessary, such additional property as may be required for drilling, housing and instruction.
Acts 1970, ch. 596, § 49; T.C.A., § 7-405; Acts 1985, ch. 36, §§ 4, 5; 1998, ch. 584, § 7.
Tenn. Code Ann. § 58-2-805 — TN Code / Title 58 / Chapter 2 / Section 58-2-805
Qualification as a volunteer health practitioner registration system
Status: in_force

(a) To qualify as a volunteer health practitioner registration system, a system must: (1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons; (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under this part; and (4) Meet one (1) of the following conditions: (A) Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act ( 42 U.S.C. § 247d-7b ); (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act ( 42 U.S.C. § 300hh ); (C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards of health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or (v) Governmental entity; or (D) Be designated by TEMA as a registration system for purposes of this part. (b) While an emergency declaration is in effect, representatives of TEMA, a person authorized to act on behalf of TEMA, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing. (c) Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing. (d) A host entity is not required to use the services of a volunteer health practitioner, even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing. Acts 2007 , ch. 579, § 6.
(a) To qualify as a volunteer health practitioner registration system, a system must: (1) Accept applications for the registration of volunteer health practitioners before or during an emergency; (2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons; (3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under this part; and (4) Meet one (1) of the following conditions: (A) Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act ( 42 U.S.C. § 247d-7b ); (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act ( 42 U.S.C. § 300hh ); (C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards of health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or (v) Governmental entity; or (D) Be designated by TEMA as a registration system for purposes of this part.
(1) Accept applications for the registration of volunteer health practitioners before or during an emergency;
(2) Include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
(3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under this part; and
(4) Meet one (1) of the following conditions: (A) Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act ( 42 U.S.C. § 247d-7b ); (B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act ( 42 U.S.C. § 300hh ); (C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards of health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or (v) Governmental entity; or (D) Be designated by TEMA as a registration system for purposes of this part.
(A) Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act ( 42 U.S.C. § 247d-7b );
(B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act ( 42 U.S.C. § 300hh );
(C) Be operated by a: (i) Disaster relief organization; (ii) Licensing board; (iii) National or regional association of licensing boards of health practitioners; (iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or (v) Governmental entity; or
(i) Disaster relief organization;
(ii) Licensing board;
(iii) National or regional association of licensing boards of health practitioners;
(iv) Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or
(v) Governmental entity; or
(D) Be designated by TEMA as a registration system for purposes of this part.
(b) While an emergency declaration is in effect, representatives of TEMA, a person authorized to act on behalf of TEMA, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c) Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer health practitioner, even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
Acts 2007 , ch. 579, § 6.
Tenn. Code Ann. § 58-8-106 — TN Code / Title 58 / Chapter 8 / Section 58-8-106
Sending personnel and equipment outside jurisdiction
Status: in_force

Any participating governmental entity may, upon receiving a request for mutual aid in an occurrence or for assistance from a requesting party in a municipal, county, state, or federal state of emergency, send its personnel and equipment outside its boundaries and into any other jurisdiction necessary to respond to the request. Acts 2004, ch. 743, § 1.
Any participating governmental entity may, upon receiving a request for mutual aid in an occurrence or for assistance from a requesting party in a municipal, county, state, or federal state of emergency, send its personnel and equipment outside its boundaries and into any other jurisdiction necessary to respond to the request.
Acts 2004, ch. 743, § 1.
Tenn. Code Ann. § 58-1-606 — TN Code / Title 58 / Chapter 1 / Section 58-1-606
Validity of notarial acts of officers
Status: in_force

Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts as aforementioned, heretofore or hereafter made or taken, are declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to, shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act as aforementioned, had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law. Acts 1945, ch. 5, § 3; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-306.
Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts as aforementioned, heretofore or hereafter made or taken, are declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to, shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act as aforementioned, had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.
Acts 1945, ch. 5, § 3; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-306.
Tenn. Code Ann. § 58-3-113 — TN Code / Title 58 / Chapter 3 / Section 58-3-113
Tennessee Fallen Heroes Medal
Status: in_force

(a) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in action, while: (1) Engaged in an action against an enemy of the United States; (2) Engaged in military support operations involving conflict with an opposing foreign force; (3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or (4) Serving in a combat zone as designated by presidential order. (b) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in an attack that specifically targets military service members or is carried out by an individual inspired or directed by a foreign terrorist organization. (c) The recipient's name shall be entered on the medal's case of the Tennessee Fallen Heroes Medal recipient. (d) Individuals eligible to receive the Tennessee Fallen Heroes Medal include all active duty military who are legal residents of this state or stationed in this state. (e) The Tennessee Fallen Heroes Medal shall be awarded solely by the governor of this state or the governor's designee to the immediate survivor of the recipient. Amended by 2016 Tenn. Acts, ch. 581,Secs.s1, s2 eff. 3/10/2016. Acts 2011, ch. 403, § 1; 2012, ch. 655, § 1.
(a) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in action, while: (1) Engaged in an action against an enemy of the United States; (2) Engaged in military support operations involving conflict with an opposing foreign force; (3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or (4) Serving in a combat zone as designated by presidential order.
(1) Engaged in an action against an enemy of the United States;
(2) Engaged in military support operations involving conflict with an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or
(4) Serving in a combat zone as designated by presidential order.
(b) A Tennessee Fallen Heroes Medal may be awarded on behalf of the people of this state to an individual serving on active duty who has been killed in an attack that specifically targets military service members or is carried out by an individual inspired or directed by a foreign terrorist organization.
(c) The recipient's name shall be entered on the medal's case of the Tennessee Fallen Heroes Medal recipient.
(d) Individuals eligible to receive the Tennessee Fallen Heroes Medal include all active duty military who are legal residents of this state or stationed in this state.
(e) The Tennessee Fallen Heroes Medal shall be awarded solely by the governor of this state or the governor's designee to the immediate survivor of the recipient.
Amended by 2016 Tenn. Acts, ch. 581,Secs.s1, s2 eff. 3/10/2016.
Acts 2011, ch. 403, § 1; 2012, ch. 655, § 1.
Tenn. Code Ann. § 58-4-303 — TN Code / Title 58 / Chapter 4 / Section 58-4-303
Display and maintenance of flags
Status: in_force

If a P.O.W.-M.I.A. flag is donated for display to and is displayed by the state, county or municipal government in accordance with this part, it shall be raised and lowered at the same time, and maintained in the same manner, as the state and United States flags. The county, city, or state government will utilize current flag poles and halyard to display the P.O.W.-M.I.A. flag. Acts 1994, ch. 713, § 1; 2011, ch. 238, § 3.
If a P.O.W.-M.I.A. flag is donated for display to and is displayed by the state, county or municipal government in accordance with this part, it shall be raised and lowered at the same time, and maintained in the same manner, as the state and United States flags. The county, city, or state government will utilize current flag poles and halyard to display the P.O.W.-M.I.A. flag.
Acts 1994, ch. 713, § 1; 2011, ch. 238, § 3.
Tenn. Code Ann. § 58-7-111 — TN Code / Title 58 / Chapter 7 / Section 58-7-111
Annual audit
Status: in_force

The comptroller of the treasury shall make an annual audit of the program established by this chapter as part of the comptroller's annual audit pursuant to § 9-3-211 . Acts 1988, ch. 899, § 11.
The comptroller of the treasury shall make an annual audit of the program established by this chapter as part of the comptroller's annual audit pursuant to § 9-3-211 .
Acts 1988, ch. 899, § 11.
Tenn. Code Ann. § 58-2-108 — TN Code / Title 58 / Chapter 2 / Section 58-2-108
Designation of emergency services coordinators - Responsibilities of ESC
Status: in_force

(a) At the direction of the governor, the head of each executive department and independent agency must select from within such department or agency a person or persons to be designated as the ESC or ESCs for the department or agency, in addition to one (1) or more alternate ESCs. TEMA must define in the TEMP the number of ESCs needed for each executive department and independent agency to coordinate an effective response to the various types of emergencies and disasters, subject to periodic review and revision as required by § 58-2-106(b)(13) . (b) An ESC is responsible for coordinating with and reporting to TEMA on emergency preparedness issues, preparing and maintaining emergency preparedness and post-disaster response and recovery plans for the ESC's department or agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for department or agency personnel. An ESC must also attend mandatory training, as determined by the director of TEMA or the director's designee. (c) An ESC is responsible for ensuring that the ESC's department or agency prepares and maintains a continuity of operations plan that is reviewed by TEMA. (d) The head of each department or agency must notify TEMA, in writing, of the person or persons designated as ESCs or alternate ESCs and any changes in the designations. (e) Each department or agency is responsible for providing the necessary equipment to its ESCs and alternate ESCs, as prescribed by TEMA, for the performance of the duties of the ESCs and alternate ESCs. (f) TEMA, in consultation with the department of human resources, must develop a mechanism to provide for a salary supplement for the ESCs, subject to available funding. TEMA may withhold this salary supplement based on noncompliance with mandatory training as required in subsection (b). Payment of the salary supplement must be made commensurate with performance of ESC duties, completion of required training, attendance at required workshops, exercises, and meetings, and other factors as deemed appropriate by the director of TEMA working in conjunction with the department of human resources to annually determine the metrics for the salary supplement. Amended by 2022 Tenn. Acts, ch. 787, s 1, eff. 4/8/2022. Acts 2000, ch. 946, § 1.
(a) At the direction of the governor, the head of each executive department and independent agency must select from within such department or agency a person or persons to be designated as the ESC or ESCs for the department or agency, in addition to one (1) or more alternate ESCs. TEMA must define in the TEMP the number of ESCs needed for each executive department and independent agency to coordinate an effective response to the various types of emergencies and disasters, subject to periodic review and revision as required by § 58-2-106(b)(13) .
(b) An ESC is responsible for coordinating with and reporting to TEMA on emergency preparedness issues, preparing and maintaining emergency preparedness and post-disaster response and recovery plans for the ESC's department or agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for department or agency personnel. An ESC must also attend mandatory training, as determined by the director of TEMA or the director's designee.
(c) An ESC is responsible for ensuring that the ESC's department or agency prepares and maintains a continuity of operations plan that is reviewed by TEMA.
(d) The head of each department or agency must notify TEMA, in writing, of the person or persons designated as ESCs or alternate ESCs and any changes in the designations.
(e) Each department or agency is responsible for providing the necessary equipment to its ESCs and alternate ESCs, as prescribed by TEMA, for the performance of the duties of the ESCs and alternate ESCs.
(f) TEMA, in consultation with the department of human resources, must develop a mechanism to provide for a salary supplement for the ESCs, subject to available funding. TEMA may withhold this salary supplement based on noncompliance with mandatory training as required in subsection (b). Payment of the salary supplement must be made commensurate with performance of ESC duties, completion of required training, attendance at required workshops, exercises, and meetings, and other factors as deemed appropriate by the director of TEMA working in conjunction with the department of human resources to annually determine the metrics for the salary supplement.
Amended by 2022 Tenn. Acts, ch. 787, s 1, eff. 4/8/2022.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-112 — TN Code / Title 58 / Chapter 1 / Section 58-1-112
Martial rule - Proclamation by governor - Procedure
Status: in_force

(a) Whenever any portion of the national guard is employed pursuant to § 58-1-106 , the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule. (b) Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control: (1) The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel; (2) The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated; (3) The regulation and closing of places of amusement and assembly; (4) The prohibition of the sale and distribution of alcoholic beverages; (5) The prohibition and control of the presence of persons on public streets; (6) The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and (7) The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids. (c) Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast. (d) Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen. Acts 1970, ch. 596, § 11; T.C.A., § 7-112; Acts 2009, ch. 288, § 1.
(a) Whenever any portion of the national guard is employed pursuant to § 58-1-106 , the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule.
(b) Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control: (1) The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel; (2) The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated; (3) The regulation and closing of places of amusement and assembly; (4) The prohibition of the sale and distribution of alcoholic beverages; (5) The prohibition and control of the presence of persons on public streets; (6) The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and (7) The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.
(1) The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
(2) The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated;
(3) The regulation and closing of places of amusement and assembly;
(4) The prohibition of the sale and distribution of alcoholic beverages;
(5) The prohibition and control of the presence of persons on public streets;
(6) The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and
(7) The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.
(c) Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast.
(d) Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen.
Acts 1970, ch. 596, § 11; T.C.A., § 7-112; Acts 2009, ch. 288, § 1.
Tenn. Code Ann. § 58-3-101 — TN Code / Title 58 / Chapter 3 / Section 58-3-101
Privileges extended to World War II veterans
Status: in_force

(a) All privileges, rights and immunities now extended by law to honorably discharged veterans of World War I are extended to honorably discharged veterans of World War II in as full and complete a manner as though such veterans of World War II had been specifically named in each and every statute granting such privileges, rights and immunities to veterans of World War I. (b) "Honorably discharged veterans of World War II" includes any person who performed active service, as distinguished from service in the reserve, between November 1, 1940 and the termination of World War II in the United States army, United States air forces, United States navy, United States marine corps, United States coast guard, army nurse corps, merchant marine, and specifically includes females in active service in any auxiliary, attached to and under the discipline of any of the above organizations. The privileges extended to World War II veterans shall also include all the civilian groups assimilated as veterans under the federal code by § 401 of Public Law 95-202, the GI Bill Improvement Act of 1977. Acts 1945, ch. 13, § 1; mod. C. Supp. 1950, § 1012.33 (Williams, § 1012.36); T.C.A. (orig. ed.), § 7-1001; Acts 1990, ch. 985, § 1.
(a) All privileges, rights and immunities now extended by law to honorably discharged veterans of World War I are extended to honorably discharged veterans of World War II in as full and complete a manner as though such veterans of World War II had been specifically named in each and every statute granting such privileges, rights and immunities to veterans of World War I.
(b) "Honorably discharged veterans of World War II" includes any person who performed active service, as distinguished from service in the reserve, between November 1, 1940 and the termination of World War II in the United States army, United States air forces, United States navy, United States marine corps, United States coast guard, army nurse corps, merchant marine, and specifically includes females in active service in any auxiliary, attached to and under the discipline of any of the above organizations. The privileges extended to World War II veterans shall also include all the civilian groups assimilated as veterans under the federal code by § 401 of Public Law 95-202, the GI Bill Improvement Act of 1977.
Acts 1945, ch. 13, § 1; mod. C. Supp. 1950, § 1012.33 (Williams, § 1012.36); T.C.A. (orig. ed.), § 7-1001; Acts 1990, ch. 985, § 1.
Tenn. Code Ann. § 58-4-306 — TN Code / Title 58 / Chapter 4 / Section 58-4-306
Welcome centers
Status: in_force

The P.O.W.-M.I.A. flag, as described in § 58-4-304 , may be displayed at each welcome center operated by the department of tourist development, and, if so displayed, shall be third in order on the flagpole after the flag of the United States of America and the Tennessee state flag. When the P.O.W.-M.I.A. flag is so displayed, it shall be displayed during the same hours and maintained in the same manner as the flag of the United States of America and the Tennessee state flag are displayed and maintained at the respective welcome centers operated by the department of tourist development, notwithstanding § 58-4-304 to the contrary. Flags displayed pursuant to this section shall be donated in accordance with § 58-4-302 and no state funds shall be expended to purchase the flags. Acts 2006, ch. 857, § 2.
The P.O.W.-M.I.A. flag, as described in § 58-4-304 , may be displayed at each welcome center operated by the department of tourist development, and, if so displayed, shall be third in order on the flagpole after the flag of the United States of America and the Tennessee state flag. When the P.O.W.-M.I.A. flag is so displayed, it shall be displayed during the same hours and maintained in the same manner as the flag of the United States of America and the Tennessee state flag are displayed and maintained at the respective welcome centers operated by the department of tourist development, notwithstanding § 58-4-304 to the contrary. Flags displayed pursuant to this section shall be donated in accordance with § 58-4-302 and no state funds shall be expended to purchase the flags.
Acts 2006, ch. 857, § 2.
Tenn. Code Ann. § 58-1-108 — TN Code / Title 58 / Chapter 1 / Section 58-1-108
Active state duty - Individuals
Status: in_force

The governor is authorized and empowered to call individual members of the national guard to active state duty with their consent, for the performance of any official duty in connection with national guard activities. Acts 1970, ch. 596, § 7; T.C.A., § 7-108.
The governor is authorized and empowered to call individual members of the national guard to active state duty with their consent, for the performance of any official duty in connection with national guard activities.
Acts 1970, ch. 596, § 7; T.C.A., § 7-108.
Tenn. Code Ann. § 58-2-113 — TN Code / Title 58 / Chapter 2 / Section 58-2-113
Emergency management support forces or mobile reserve unit
Status: in_force

(a) TEMA is authorized to provide, within or out of the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states, and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon order of TEMA and shall perform functions in any part of the state or, upon the conditions specified in this section, in other states. (b) Personnel of emergency management support forces while on duty, whether inside or outside of this state, shall: (1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment; (2) If they are employees of a political subdivision of the state, whether serving inside or outside of the political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment. The compensation shall be provided by and through the providing political subdivision; and (3) If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by TEMA. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available. Acts 2000, ch. 946, § 1.
(a) TEMA is authorized to provide, within or out of the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states, and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon order of TEMA and shall perform functions in any part of the state or, upon the conditions specified in this section, in other states.
(b) Personnel of emergency management support forces while on duty, whether inside or outside of this state, shall: (1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment; (2) If they are employees of a political subdivision of the state, whether serving inside or outside of the political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment. The compensation shall be provided by and through the providing political subdivision; and (3) If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by TEMA. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available.
(1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment;
(2) If they are employees of a political subdivision of the state, whether serving inside or outside of the political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment. The compensation shall be provided by and through the providing political subdivision; and
(3) If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by TEMA. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-117 — TN Code / Title 58 / Chapter 1 / Section 58-1-117
Design of the flag or banner of the military department
Status: in_force

The flag or banner of the Tennessee military department shall be of the following design, colors and proportions: an oblong flag or banner, the principal field of the flag or banner to be of the color blue, but the flag or banner ending at its free or outer end in a perpendicular bar of crimson, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the blue field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one third (1/3) that of the crimson bar; and the total width of the bar and stripe together to be equal to one sixteenth ( 1 / 16 ) of the width of the flag. In the center of the blue field shall be a distinctive crest. The crest shall be composed of a gold circle. Within the gold circle shall be a blue field with "Tennessee Military Department" in white along the top arch. The year "1796" in white shall be along the bottom arch of the circle. Three (3) white stars, representing the three (3) grand divisions, shall be spaced equally on the sides of the language "1796". A gold circle lies within the outer ring. The interior of the gold circle shall be white. Centered within the white field shall be a representation of the state of Tennessee, designed in the manner of the Tennessee state flag. A black and white line drawing of the Minuteman, the symbol of the National Guard, shall be centered within the white circle, in the foreground, and shall overlap the inner gold circle at the top and bottom. The distinctive crest shall be proportional to the appropriate size of the flag. Acts 2008 , ch. 645, § 1.
The flag or banner of the Tennessee military department shall be of the following design, colors and proportions: an oblong flag or banner, the principal field of the flag or banner to be of the color blue, but the flag or banner ending at its free or outer end in a perpendicular bar of crimson, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the blue field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one third (1/3) that of the crimson bar; and the total width of the bar and stripe together to be equal to one sixteenth ( 1 / 16 ) of the width of the flag. In the center of the blue field shall be a distinctive crest. The crest shall be composed of a gold circle. Within the gold circle shall be a blue field with "Tennessee Military Department" in white along the top arch. The year "1796" in white shall be along the bottom arch of the circle. Three (3) white stars, representing the three (3) grand divisions, shall be spaced equally on the sides of the language "1796". A gold circle lies within the outer ring. The interior of the gold circle shall be white. Centered within the white field shall be a representation of the state of Tennessee, designed in the manner of the Tennessee state flag. A black and white line drawing of the Minuteman, the symbol of the National Guard, shall be centered within the white circle, in the foreground, and shall overlap the inner gold circle at the top and bottom. The distinctive crest shall be proportional to the appropriate size of the flag.
Acts 2008 , ch. 645, § 1.
Tenn. Code Ann. § 58-1-621 — TN Code / Title 58 / Chapter 1 / Section 58-1-621
Misbehavior on active duty
Status: in_force

Any member of the national guard who, while on active state duty: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the guard member's duty to defend; (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property; (4) Casts away arms or ammunition; (5) Is guilty of cowardly conduct; (6) Quits the guard member's place of duty to plunder or pillage; or (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the national guard; is guilty of a Class E felony. Acts 1970, ch. 596, § 65, T.C.A., § 7-321; Acts 1989, ch. 591, § 69.
Any member of the national guard who, while on active state duty:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the guard member's duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property;
(4) Casts away arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits the guard member's place of duty to plunder or pillage; or
(7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the national guard; is guilty of a Class E felony.
is guilty of a Class E felony.
Acts 1970, ch. 596, § 65, T.C.A., § 7-321; Acts 1989, ch. 591, § 69.
Tenn. Code Ann. § 58-3-106 — TN Code / Title 58 / Chapter 3 / Section 58-3-106
Branch offices and field services
Status: in_force

(a) The commissioner of veterans services shall establish at some place in each congressional district in this state, a branch office in charge of an assistant commissioner or service officer, and such assistant commissioner or service officer may at least once a month visit the county seat of each county within the assistant commissioner's or service officer's congressional district for the purpose of conferring with and assisting veterans in obtaining the benefits granted to them by this or any other statute of this state or of the United States. In addition thereto, such assistant commissioner or service officer shall actively cooperate with any and all veterans' organizations in each county in the assistant commissioner's or service officer's congressional district in the preparation and presentation of claims on behalf of veterans, and should any county or city or combination thereof provide a service officer to aid honorably discharged veterans, such assistant commissioner or service officer shall likewise actively cooperate with them and shall cooperate with any local organization on questions of placement of veterans in the local employment. Such service officers shall be appointed by the commissioner, with the approval of the governor, and where possible, shall be honorably discharged veterans and shall be as well qualified for the duties imposed on them herein as possible. (b) The commissioner, from time to time, shall issue instructions, manuals of procedure and other bulletins to such assistant commissioners or service officers for the purpose of familiarizing them with their duties and of rendering them more efficient in the performance thereof. Such assistant commissioners or service officers shall not discriminate for or against any veterans' organization in the performance of any duties and no veteran shall be required to join any veterans' organization as a condition precedent to obtaining cooperation hereunder. (c) Such service officers or assistant commissioners shall be paid such compensation as may be fixed by the commissioner, upon the approval of the governor, which compensation shall be uniform in all cases so far as possible but in addition thereto, they shall be allowed their necessary traveling expenses when on duty outside the county in which their office is located. Annually, before setting the compensation to be paid to service officers or assistant commissioners, the commissioner shall conduct a survey of the compensation paid to service officers in other states. The commissioner shall consider the results of the survey in setting the compensation of service officers or assistant commissioners. (d) The commissioner is authorized to rent suitable quarters at some point in each congressional district, if the same cannot be procured otherwise in public buildings, as an office for such assistant commissioner or service officer and may employ in connection therewith as well as in connection with the principal office, such clerical assistance as may be found necessary, all with the approval of the governor, the salaries to be paid to be commensurate with those paid for like services in other departments of the state. (e) The commissioner may likewise incur such other expenses as may be necessary for the administration of §§ 58-3-104 - 58-3-108, all of the same to be within the appropriation made for the department. (f) In addition, the commissioner may upon the approval of the governor, establish additional offices in any congressional district where the commissioner finds that one (1) assistant commissioner or service officer is incapable of efficiently handling the volume of work placed upon the commissioner by §§ 58-3-104 - 58-3-108. (g) For purposes of this section, "congressional district" means a congressional district established based upon the 1990 federal census. Amended by 2021 Tenn. Acts, ch. 63, s 1, eff. 3/29/2021. Acts 1945, ch. 40, § 5; C. Supp. 1950, § 1012.12 (Williams, § 1012.14); impl. am. Acts 1959, ch. 9, § 6; impl. am. Acts 1975, ch. 249, §§ 1-3; Acts 1975, ch. 249, § 6; T.C.A. (orig. ed.), §7-1008; Acts 2004, ch. 553, §§ 1, 2; 2006, ch. 748, § 1.
(a) The commissioner of veterans services shall establish at some place in each congressional district in this state, a branch office in charge of an assistant commissioner or service officer, and such assistant commissioner or service officer may at least once a month visit the county seat of each county within the assistant commissioner's or service officer's congressional district for the purpose of conferring with and assisting veterans in obtaining the benefits granted to them by this or any other statute of this state or of the United States. In addition thereto, such assistant commissioner or service officer shall actively cooperate with any and all veterans' organizations in each county in the assistant commissioner's or service officer's congressional district in the preparation and presentation of claims on behalf of veterans, and should any county or city or combination thereof provide a service officer to aid honorably discharged veterans, such assistant commissioner or service officer shall likewise actively cooperate with them and shall cooperate with any local organization on questions of placement of veterans in the local employment. Such service officers shall be appointed by the commissioner, with the approval of the governor, and where possible, shall be honorably discharged veterans and shall be as well qualified for the duties imposed on them herein as possible.
(b) The commissioner, from time to time, shall issue instructions, manuals of procedure and other bulletins to such assistant commissioners or service officers for the purpose of familiarizing them with their duties and of rendering them more efficient in the performance thereof. Such assistant commissioners or service officers shall not discriminate for or against any veterans' organization in the performance of any duties and no veteran shall be required to join any veterans' organization as a condition precedent to obtaining cooperation hereunder.
(c) Such service officers or assistant commissioners shall be paid such compensation as may be fixed by the commissioner, upon the approval of the governor, which compensation shall be uniform in all cases so far as possible but in addition thereto, they shall be allowed their necessary traveling expenses when on duty outside the county in which their office is located. Annually, before setting the compensation to be paid to service officers or assistant commissioners, the commissioner shall conduct a survey of the compensation paid to service officers in other states. The commissioner shall consider the results of the survey in setting the compensation of service officers or assistant commissioners.
(d) The commissioner is authorized to rent suitable quarters at some point in each congressional district, if the same cannot be procured otherwise in public buildings, as an office for such assistant commissioner or service officer and may employ in connection therewith as well as in connection with the principal office, such clerical assistance as may be found necessary, all with the approval of the governor, the salaries to be paid to be commensurate with those paid for like services in other departments of the state.
(e) The commissioner may likewise incur such other expenses as may be necessary for the administration of §§ 58-3-104 - 58-3-108, all of the same to be within the appropriation made for the department.
(f) In addition, the commissioner may upon the approval of the governor, establish additional offices in any congressional district where the commissioner finds that one (1) assistant commissioner or service officer is incapable of efficiently handling the volume of work placed upon the commissioner by §§ 58-3-104 - 58-3-108.
(g) For purposes of this section, "congressional district" means a congressional district established based upon the 1990 federal census.
Amended by 2021 Tenn. Acts, ch. 63, s 1, eff. 3/29/2021.
Acts 1945, ch. 40, § 5; C. Supp. 1950, § 1012.12 (Williams, § 1012.14); impl. am. Acts 1959, ch. 9, § 6; impl. am. Acts 1975, ch. 249, §§ 1-3; Acts 1975, ch. 249, § 6; T.C.A. (orig. ed.), §7-1008; Acts 2004, ch. 553, §§ 1, 2; 2006, ch. 748, § 1.
Tenn. Code Ann. § 58-1-207 — TN Code / Title 58 / Chapter 1 / Section 58-1-207
Inactive national guard
Status: in_force

The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein on March 2, 1970, such officers and enlisted personnel as may be hereafter transferred thereto from the army national guard and the air national guard and such persons as lawfully may be enlisted therein. Acts 1970, ch. 596, § 22; T.C.A., § 7-123.
The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein on March 2, 1970, such officers and enlisted personnel as may be hereafter transferred thereto from the army national guard and the air national guard and such persons as lawfully may be enlisted therein.
Acts 1970, ch. 596, § 22; T.C.A., § 7-123.
Tenn. Code Ann. § 58-2-811 — TN Code / Title 58 / Chapter 2 / Section 58-2-811
Acts or omissions - Vicarious liability - Recovery of damages - Participation in retirement system
Status: in_force

(a) Subject to subsection (b), volunteer health practitioners authorized to provide health services pursuant to this part are not liable for the payment of a judgment based on their acts or omissions in providing services, nor shall they be named as defendants in an action based on their acts or omissions. (b) Notwithstanding subsection (a), this section does not apply to: (1) Willful, wanton, grossly negligent, reckless, or criminal conduct of, or an intentional tort committed by, a volunteer health practitioner; or (2) An action brought against a volunteer health practitioner: (A) For damages for breach of contract, other than for contracts related to the provision of health or veterinary services; (B) By a source or host entity; or (C) Relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle by a volunteer health practitioner for which this state requires the operator to have a valid operator's license or to maintain liability insurance, other than an ambulance or other emergency response vehicle, vessel, or aircraft operated by a volunteer health practitioner responding to a request for health services or transporting a patient. (c) Source, coordinating, and host entities are not vicariously liable for the acts or omissions of volunteer health practitioners in providing health services authorized pursuant to this part. (d) Source, coordinating, and host entities are not liable for civil damages for the operation of, or reliance upon information provided by a registration system, unless the acts or omissions constitute an intentional tort or are willful, wanton, grossly negligent, reckless, or criminal in nature. (e) Notwithstanding subsection (a), for purposes of recovering damages from the state, volunteer health practitioners shall be considered volunteer state employees under § 8-42-101(3)(B) for purposes of § 9-8-112 , for the purposes of recovering damages from the states based on their acts or omissions in providing health services pursuant to this part. The registration of individual volunteer health practitioners with the board of claims required under § 8-42-101(3)(B) shall be made by the registration system under which the volunteer health practitioner was registered; provided, however, that nothing in this part shall authorize any volunteer health practitioner's participation as a member of the Tennessee consolidated retirement system, unless the practitioner was a member at the time the emergency was declared. Acts 2007, ch. 579, § 12.
(a) Subject to subsection (b), volunteer health practitioners authorized to provide health services pursuant to this part are not liable for the payment of a judgment based on their acts or omissions in providing services, nor shall they be named as defendants in an action based on their acts or omissions.
(b) Notwithstanding subsection (a), this section does not apply to: (1) Willful, wanton, grossly negligent, reckless, or criminal conduct of, or an intentional tort committed by, a volunteer health practitioner; or (2) An action brought against a volunteer health practitioner: (A) For damages for breach of contract, other than for contracts related to the provision of health or veterinary services; (B) By a source or host entity; or (C) Relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle by a volunteer health practitioner for which this state requires the operator to have a valid operator's license or to maintain liability insurance, other than an ambulance or other emergency response vehicle, vessel, or aircraft operated by a volunteer health practitioner responding to a request for health services or transporting a patient.
(1) Willful, wanton, grossly negligent, reckless, or criminal conduct of, or an intentional tort committed by, a volunteer health practitioner; or
(2) An action brought against a volunteer health practitioner: (A) For damages for breach of contract, other than for contracts related to the provision of health or veterinary services; (B) By a source or host entity; or (C) Relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle by a volunteer health practitioner for which this state requires the operator to have a valid operator's license or to maintain liability insurance, other than an ambulance or other emergency response vehicle, vessel, or aircraft operated by a volunteer health practitioner responding to a request for health services or transporting a patient.
(A) For damages for breach of contract, other than for contracts related to the provision of health or veterinary services;
(B) By a source or host entity; or
(C) Relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle by a volunteer health practitioner for which this state requires the operator to have a valid operator's license or to maintain liability insurance, other than an ambulance or other emergency response vehicle, vessel, or aircraft operated by a volunteer health practitioner responding to a request for health services or transporting a patient.
(c) Source, coordinating, and host entities are not vicariously liable for the acts or omissions of volunteer health practitioners in providing health services authorized pursuant to this part.
(d) Source, coordinating, and host entities are not liable for civil damages for the operation of, or reliance upon information provided by a registration system, unless the acts or omissions constitute an intentional tort or are willful, wanton, grossly negligent, reckless, or criminal in nature.
(e) Notwithstanding subsection (a), for purposes of recovering damages from the state, volunteer health practitioners shall be considered volunteer state employees under § 8-42-101(3)(B) for purposes of § 9-8-112 , for the purposes of recovering damages from the states based on their acts or omissions in providing health services pursuant to this part. The registration of individual volunteer health practitioners with the board of claims required under § 8-42-101(3)(B) shall be made by the registration system under which the volunteer health practitioner was registered; provided, however, that nothing in this part shall authorize any volunteer health practitioner's participation as a member of the Tennessee consolidated retirement system, unless the practitioner was a member at the time the emergency was declared.
Acts 2007, ch. 579, § 12.