Tenn. Code Ann. § 58-1-704 — TN Code / Title 58 / Chapter 1 / Section 58-1-704
Trust fund board
Status: in_force

(a) The military family assistance trust fund board is created for the purpose of administering the trust fund created pursuant to this part. The board shall be attached to the department of military affairs for administrative purposes. The board shall be composed of six (6) members as follows: (1) Three (3) members, who are experts in military family matters, who shall be appointed by the governor; (2) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the senate; (3) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the house of representatives; and (4) The adjutant general, who shall serve as a nonvoting member. (b) The adjutant general, or a majority of the board members, shall arrange for the first board meeting as soon as practicable after all board members are appointed. (c) Appointed board members shall serve without compensation, but may receive reimbursement for their actual and necessary travel expenses incurred in the performance of their duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) The term of each appointed member shall be four (4) years. (e) An appointed member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four-year terms and shall not be reappointed for four (4) years after the completion of those terms. (f) A majority of the full membership of the board shall constitute a quorum. (g) At its first meeting, the board shall elect, by majority vote, a chair, who shall preside at all meetings and coordinate the functions and activities of the board. The chair shall be elected or reelected each calendar year thereafter. (h) The adjutant general shall not serve as the chair of the board. (i) The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the chair or by request of a majority of the board members. Acts 2006, ch. 914, § 1.
(a) The military family assistance trust fund board is created for the purpose of administering the trust fund created pursuant to this part. The board shall be attached to the department of military affairs for administrative purposes. The board shall be composed of six (6) members as follows: (1) Three (3) members, who are experts in military family matters, who shall be appointed by the governor; (2) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the senate; (3) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the house of representatives; and (4) The adjutant general, who shall serve as a nonvoting member.
(1) Three (3) members, who are experts in military family matters, who shall be appointed by the governor;
(2) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the senate;
(3) One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the house of representatives; and
(4) The adjutant general, who shall serve as a nonvoting member.
(b) The adjutant general, or a majority of the board members, shall arrange for the first board meeting as soon as practicable after all board members are appointed.
(c) Appointed board members shall serve without compensation, but may receive reimbursement for their actual and necessary travel expenses incurred in the performance of their duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The term of each appointed member shall be four (4) years.
(e) An appointed member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four-year terms and shall not be reappointed for four (4) years after the completion of those terms.
(f) A majority of the full membership of the board shall constitute a quorum.
(g) At its first meeting, the board shall elect, by majority vote, a chair, who shall preside at all meetings and coordinate the functions and activities of the board. The chair shall be elected or reelected each calendar year thereafter.
(h) The adjutant general shall not serve as the chair of the board.
(i) The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the chair or by request of a majority of the board members.
Acts 2006, ch. 914, § 1.
Tenn. Code Ann. § 58-1-625 — TN Code / Title 58 / Chapter 1 / Section 58-1-625
Drunken or reckless driving
Status: in_force

Any member of the national guard who operates any vehicle while drunk, or in a reckless or wanton manner is guilty of a misdemeanor. Acts 1970, ch. 596, § 69; T.C.A., § 7-325.
Any member of the national guard who operates any vehicle while drunk, or in a reckless or wanton manner is guilty of a misdemeanor.
Acts 1970, ch. 596, § 69; T.C.A., § 7-325.
Tenn. Code Ann. § 58-2-802 — TN Code / Title 58 / Chapter 2 / Section 58-2-802
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Coordinating entity" means an entity that acts as a liaison to facilitate communication and cooperation between source and host entities but does not provide health services in the ordinary course of its activities as liaison; (2) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility; (3) "Department" means the department of health; (4) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that: (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA; (5) "Emergency" has the same meaning as used in § 58-2-101 ; (6) "Emergency declaration" has the same meaning as "declare a state of emergency" as used in § 58-2-107 ; (7) "Emergency management assistance compacts" means the interstate compacts established under parts 4 and 7 of this chapter; (8) "Entity" means a person other than an individual; (9) "Health facility" has the same meaning as "facility" as defined in § 68-11-201 and "veterinary facility" as defined in § 63-12-103 licensed under the laws of this or another state to provide health services; (10) "Health practitioner" means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services; (11) "Health services" means: (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (b) Counseling, assessment, procedures, or other services; (ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (iii) Funeral, cremation, cemetery, or other mortuary services; or (B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (ii) Use of a procedure for reproductive management; and (iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans; (12) "Host entity" means an entity operating in this state that uses volunteer health practitioners to respond to an emergency; (13) "License" means authorization by a state to engage in health services that are unlawful without the authorization. "License" includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity; (14) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity; (15) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill; (16) "Scope of practice" means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority; (17) "Source entity" means a person located in this or another state that employs or uses the services of health practitioners authorized to provide health services pursuant to this part; (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (19) "TEMA" means the Tennessee emergency management agency; and (20) "Voluntary health practitioner" means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. "Voluntary health practitioner" does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect. Acts 2007, ch. 579, § 3.
(a) As used in this part, unless the context otherwise requires: (1) "Coordinating entity" means an entity that acts as a liaison to facilitate communication and cooperation between source and host entities but does not provide health services in the ordinary course of its activities as liaison; (2) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility; (3) "Department" means the department of health; (4) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that: (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA; (5) "Emergency" has the same meaning as used in § 58-2-101 ; (6) "Emergency declaration" has the same meaning as "declare a state of emergency" as used in § 58-2-107 ; (7) "Emergency management assistance compacts" means the interstate compacts established under parts 4 and 7 of this chapter; (8) "Entity" means a person other than an individual; (9) "Health facility" has the same meaning as "facility" as defined in § 68-11-201 and "veterinary facility" as defined in § 63-12-103 licensed under the laws of this or another state to provide health services; (10) "Health practitioner" means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services; (11) "Health services" means: (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (b) Counseling, assessment, procedures, or other services; (ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (iii) Funeral, cremation, cemetery, or other mortuary services; or (B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (ii) Use of a procedure for reproductive management; and (iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans; (12) "Host entity" means an entity operating in this state that uses volunteer health practitioners to respond to an emergency; (13) "License" means authorization by a state to engage in health services that are unlawful without the authorization. "License" includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity; (14) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity; (15) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill; (16) "Scope of practice" means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority; (17) "Source entity" means a person located in this or another state that employs or uses the services of health practitioners authorized to provide health services pursuant to this part; (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (19) "TEMA" means the Tennessee emergency management agency; and (20) "Voluntary health practitioner" means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. "Voluntary health practitioner" does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.
(1) "Coordinating entity" means an entity that acts as a liaison to facilitate communication and cooperation between source and host entities but does not provide health services in the ordinary course of its activities as liaison;
(2) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility;
(3) "Department" means the department of health;
(4) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that: (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or (B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA;
(A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA; or
(B) Regularly plans and conducts its activities in coordination with an agency of the federal government, the department or TEMA;
(5) "Emergency" has the same meaning as used in § 58-2-101 ;
(6) "Emergency declaration" has the same meaning as "declare a state of emergency" as used in § 58-2-107 ;
(7) "Emergency management assistance compacts" means the interstate compacts established under parts 4 and 7 of this chapter;
(8) "Entity" means a person other than an individual;
(9) "Health facility" has the same meaning as "facility" as defined in § 68-11-201 and "veterinary facility" as defined in § 63-12-103 licensed under the laws of this or another state to provide health services;
(10) "Health practitioner" means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services;
(11) "Health services" means: (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (b) Counseling, assessment, procedures, or other services; (ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (iii) Funeral, cremation, cemetery, or other mortuary services; or (B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (ii) Use of a procedure for reproductive management; and (iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;
(A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (b) Counseling, assessment, procedures, or other services; (ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (iii) Funeral, cremation, cemetery, or other mortuary services; or
(i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (b) Counseling, assessment, procedures, or other services;
(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and
(b) Counseling, assessment, procedures, or other services;
(ii) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
(iii) Funeral, cremation, cemetery, or other mortuary services; or
(B) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (ii) Use of a procedure for reproductive management; and (iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;
(i) Diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;
(ii) Use of a procedure for reproductive management; and
(iii) Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans;
(12) "Host entity" means an entity operating in this state that uses volunteer health practitioners to respond to an emergency;
(13) "License" means authorization by a state to engage in health services that are unlawful without the authorization. "License" includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity;
(14) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(15) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill;
(16) "Scope of practice" means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority;
(17) "Source entity" means a person located in this or another state that employs or uses the services of health practitioners authorized to provide health services pursuant to this part;
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(19) "TEMA" means the Tennessee emergency management agency; and
(20) "Voluntary health practitioner" means a health practitioner who provides health services, whether or not the practitioner receives compensation for those services. "Voluntary health practitioner" does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.
Acts 2007, ch. 579, § 3.
Tenn. Code Ann. § 58-8-105 — TN Code / Title 58 / Chapter 8 / Section 58-8-105
Request for aid and assistance - Confirmation - Request for mutual aid for emergency medical services
Status: in_force

(a) When a governmental entity is affected by an occurrence that its resources will not be adequate to handle, the governmental entity may request aid through the appropriate emergency management employee or official, or a county or municipality may declare a local state of emergency as provided in § 58-8-104 and request assistance by communicating the request to a potential responding party or multiple potential responding parties. Requests for aid or for assistance must be made by the appropriate official or employee to the emergency communications dispatch center of potential responding parties or other officials authorized by the potentially responding party to respond to requests under this chapter. (b) Each request for aid or assistance may be made verbally and should, to the extent possible, include the following: (1) A statement that an occurrence is imminent, in progress, or has occurred. The statement should also indicate whether a declaration of a state of emergency has been made and give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected; (2) Identification of the service functions for which aid or assistance is needed and the particular type of aid or assistance needed; (3) The amount of personnel, equipment, materials, and supplies needed; and (4) An estimated time and place for a representative of the requesting party to meet the responding party. (c) Each request for aid or assistance may include the following if known or necessary: (1) An estimate of the amount of time, aid, or assistance that will be needed. (2) Identification of the types of infrastructure for which aid or assistance is needed, e.g., water and sewer, streets, gas, electric, or other infrastructure; and (3) Identification of the need for sites, structures, or other facilities outside the requesting party's jurisdiction to serve as relief centers or staging areas for incoming emergency goods or services. (d) All requests for assistance shall be confirmed in writing to the responding party or parties within thirty (30) days of the initial request. Parties shall keep records of all requests made for assistance under this chapter. (e) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to request mutual aid for emergency medical services provided under title 68, chapter 140, from the emergency communications dispatch center of a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency. Acts 2004, ch. 743, §1; 2012 , ch. 906, § 1.
(a) When a governmental entity is affected by an occurrence that its resources will not be adequate to handle, the governmental entity may request aid through the appropriate emergency management employee or official, or a county or municipality may declare a local state of emergency as provided in § 58-8-104 and request assistance by communicating the request to a potential responding party or multiple potential responding parties. Requests for aid or for assistance must be made by the appropriate official or employee to the emergency communications dispatch center of potential responding parties or other officials authorized by the potentially responding party to respond to requests under this chapter.
(b) Each request for aid or assistance may be made verbally and should, to the extent possible, include the following: (1) A statement that an occurrence is imminent, in progress, or has occurred. The statement should also indicate whether a declaration of a state of emergency has been made and give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected; (2) Identification of the service functions for which aid or assistance is needed and the particular type of aid or assistance needed; (3) The amount of personnel, equipment, materials, and supplies needed; and (4) An estimated time and place for a representative of the requesting party to meet the responding party.
(1) A statement that an occurrence is imminent, in progress, or has occurred. The statement should also indicate whether a declaration of a state of emergency has been made and give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected;
(2) Identification of the service functions for which aid or assistance is needed and the particular type of aid or assistance needed;
(3) The amount of personnel, equipment, materials, and supplies needed; and
(4) An estimated time and place for a representative of the requesting party to meet the responding party.
(c) Each request for aid or assistance may include the following if known or necessary: (1) An estimate of the amount of time, aid, or assistance that will be needed. (2) Identification of the types of infrastructure for which aid or assistance is needed, e.g., water and sewer, streets, gas, electric, or other infrastructure; and (3) Identification of the need for sites, structures, or other facilities outside the requesting party's jurisdiction to serve as relief centers or staging areas for incoming emergency goods or services.
(1) An estimate of the amount of time, aid, or assistance that will be needed.
(2) Identification of the types of infrastructure for which aid or assistance is needed, e.g., water and sewer, streets, gas, electric, or other infrastructure; and
(3) Identification of the need for sites, structures, or other facilities outside the requesting party's jurisdiction to serve as relief centers or staging areas for incoming emergency goods or services.
(d) All requests for assistance shall be confirmed in writing to the responding party or parties within thirty (30) days of the initial request. Parties shall keep records of all requests made for assistance under this chapter.
(e) In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to request mutual aid for emergency medical services provided under title 68, chapter 140, from the emergency communications dispatch center of a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency.
Acts 2004, ch. 743, §1; 2012 , ch. 906, § 1.
Tenn. Code Ann. § 58-1-222 — TN Code / Title 58 / Chapter 1 / Section 58-1-222
Contract and oath of enlistment
Status: in_force

Every person who enlists or reenlists in the national guard shall sign an enlistment contract and shall take and subscribe to such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before any officer of the national guard. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury. Acts 1970, ch. 596, § 41; T.C.A., § 7-138.
Every person who enlists or reenlists in the national guard shall sign an enlistment contract and shall take and subscribe to such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before any officer of the national guard. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury.
Acts 1970, ch. 596, § 41; T.C.A., § 7-138.
Tenn. Code Ann. § 58-2-110 — TN Code / Title 58 / Chapter 2 / Section 58-2-110
Emergency management powers of political subdivisions
Status: in_force

Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state. (1) Counties. (A) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of this chapter, each county within this state shall be within the jurisdiction of and served by TEMA. Except as otherwise provided in this chapter, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to subdivision (3)(b) which is recognized by the governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the TEMP and program. (B) Each county emergency management agency created and established pursuant to this chapter shall have a director who shall be appointed by the CLEO and, if required, approved by the governing body of the county. The director must meet the minimum training and education qualifications established in a job description developed by the CLEO and that meets the requirements of § 58-2-127 . The job description for a directorship must be approved by the governing body of the county. The director's annual salary shall be fixed by the governing body of the county. Each CLEO shall promptly inform TEMA of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the CLEO and shall serve as liaison to TEMA and other local emergency management agencies and organizations. (C) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits of the county within which it is organized as are required pursuant to this chapter and in accordance with state and county emergency management plans and mutual aid agreements. A county shall serve as liaison for and coordinate the requests of municipalities located within such county for state and federal assistance during postdisaster emergency operations. (2) Municipalities. Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and regulations applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (3) Emergency management powers; political subdivisions. (A) In carrying out this chapter, each political subdivision has the power and authority to: (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers; (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations; (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision; (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency. (B) Upon the request of two (2) or more adjoining counties, or if the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and service, the governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the governor pursuant to this subdivision (3)(B) shall be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a nonjurisdictional basis, such as: (i) Small or sparse population; (ii) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome; (iii) Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations; (iv) The interrelated character of the counties in a multicounty area; and (v) Other relevant conditions or circumstances. (4) Local emergency planning committees. (A) Each local emergency planning committee (LEPC) is authorized to assess and collect an annual fee of one hundred dollars ($100) from member facilities and industries within its emergency planning district required to submit tier II reports in accordance with federal law, 42 U.S.C. § 11001 et seq. Such fee shall be assessed and collected in the manner authorized by each such LEPC. (B) The revenue derived from such fee shall be used solely by the LEPC for conducting annual event exercises, educating the public, and printing the Hazardous Materials Emergency Response Plan. (C) This subdivision (4) applies to LEPCs in any county having a population of not less than seventy-one thousand, three hundred (71,300) nor more than seventy-one thousand, four hundred (71,400), according to the 2000 federal census or any subsequent federal census, upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county. Acts 2000, ch. 946, § 1; 2003, ch. 185, § 1; 2004, ch. 487, § 2; 2009, ch. 110, § 1; 2011, ch. 365, § 1.
Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state.
(1) Counties. (A) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of this chapter, each county within this state shall be within the jurisdiction of and served by TEMA. Except as otherwise provided in this chapter, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to subdivision (3)(b) which is recognized by the governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the TEMP and program. (B) Each county emergency management agency created and established pursuant to this chapter shall have a director who shall be appointed by the CLEO and, if required, approved by the governing body of the county. The director must meet the minimum training and education qualifications established in a job description developed by the CLEO and that meets the requirements of § 58-2-127 . The job description for a directorship must be approved by the governing body of the county. The director's annual salary shall be fixed by the governing body of the county. Each CLEO shall promptly inform TEMA of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the CLEO and shall serve as liaison to TEMA and other local emergency management agencies and organizations. (C) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits of the county within which it is organized as are required pursuant to this chapter and in accordance with state and county emergency management plans and mutual aid agreements. A county shall serve as liaison for and coordinate the requests of municipalities located within such county for state and federal assistance during postdisaster emergency operations.
(A) In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of this chapter, each county within this state shall be within the jurisdiction of and served by TEMA. Except as otherwise provided in this chapter, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to subdivision (3)(b) which is recognized by the governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the TEMP and program.
(B) Each county emergency management agency created and established pursuant to this chapter shall have a director who shall be appointed by the CLEO and, if required, approved by the governing body of the county. The director must meet the minimum training and education qualifications established in a job description developed by the CLEO and that meets the requirements of § 58-2-127 . The job description for a directorship must be approved by the governing body of the county. The director's annual salary shall be fixed by the governing body of the county. Each CLEO shall promptly inform TEMA of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the CLEO and shall serve as liaison to TEMA and other local emergency management agencies and organizations.
(C) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits of the county within which it is organized as are required pursuant to this chapter and in accordance with state and county emergency management plans and mutual aid agreements. A county shall serve as liaison for and coordinate the requests of municipalities located within such county for state and federal assistance during postdisaster emergency operations.
(2) Municipalities. Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and regulations applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs.
(3) Emergency management powers; political subdivisions. (A) In carrying out this chapter, each political subdivision has the power and authority to: (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers; (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations; (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision; (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency. (B) Upon the request of two (2) or more adjoining counties, or if the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and service, the governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the governor pursuant to this subdivision (3)(B) shall be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a nonjurisdictional basis, such as: (i) Small or sparse population; (ii) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome; (iii) Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations; (iv) The interrelated character of the counties in a multicounty area; and (v) Other relevant conditions or circumstances.
(A) In carrying out this chapter, each political subdivision has the power and authority to: (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers; (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations; (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision; (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.
(i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;
(ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers;
(iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations;
(iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision;
(v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and
(a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;
(b) Entering into contracts;
(c) Incurring obligations;
(d) Employment of permanent and temporary workers;
(e) Utilization of volunteer workers;
(f) Rental of equipment;
(g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and
(h) Appropriation and expenditure of public funds; and
(vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.
(B) Upon the request of two (2) or more adjoining counties, or if the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and service, the governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the governor pursuant to this subdivision (3)(B) shall be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a nonjurisdictional basis, such as: (i) Small or sparse population; (ii) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome; (iii) Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations; (iv) The interrelated character of the counties in a multicounty area; and (v) Other relevant conditions or circumstances.
(i) Small or sparse population;
(ii) Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome;
(iii) Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations;
(iv) The interrelated character of the counties in a multicounty area; and
(v) Other relevant conditions or circumstances.
(4) Local emergency planning committees. (A) Each local emergency planning committee (LEPC) is authorized to assess and collect an annual fee of one hundred dollars ($100) from member facilities and industries within its emergency planning district required to submit tier II reports in accordance with federal law, 42 U.S.C. § 11001 et seq. Such fee shall be assessed and collected in the manner authorized by each such LEPC. (B) The revenue derived from such fee shall be used solely by the LEPC for conducting annual event exercises, educating the public, and printing the Hazardous Materials Emergency Response Plan. (C) This subdivision (4) applies to LEPCs in any county having a population of not less than seventy-one thousand, three hundred (71,300) nor more than seventy-one thousand, four hundred (71,400), according to the 2000 federal census or any subsequent federal census, upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
(A) Each local emergency planning committee (LEPC) is authorized to assess and collect an annual fee of one hundred dollars ($100) from member facilities and industries within its emergency planning district required to submit tier II reports in accordance with federal law, 42 U.S.C. § 11001 et seq. Such fee shall be assessed and collected in the manner authorized by each such LEPC.
(B) The revenue derived from such fee shall be used solely by the LEPC for conducting annual event exercises, educating the public, and printing the Hazardous Materials Emergency Response Plan.
(C) This subdivision (4) applies to LEPCs in any county having a population of not less than seventy-one thousand, three hundred (71,300) nor more than seventy-one thousand, four hundred (71,400), according to the 2000 federal census or any subsequent federal census, upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
Acts 2000, ch. 946, § 1; 2003, ch. 185, § 1; 2004, ch. 487, § 2; 2009, ch. 110, § 1; 2011, ch. 365, § 1.
Tenn. Code Ann. § 58-2-127 — TN Code / Title 58 / Chapter 2 / Section 58-2-127
Prerequisites for employment as a director of a local emergency management agency
Status: in_force

(a) As a prerequisite to receiving an offer of employment as the director of a local emergency management agency, the candidate shall provide evidence satisfactory to the CLEO that the applicant: (1) Is at least eighteen (18) years of age; (2) Is a citizen of the United States and of this state; (3) Is a high school graduate or possesses equivalency; (4) Has not been convicted or pled guilty to or entered a plea of nolo contendere to any felony charge; (5) Has a valid Tennessee driver license; and (6) (A) Has graduated and received a baccalaureate degree; (B) Has graduated and received an associate's degree and possesses at least two (2) years experience in an emergency management or related field; (C) Possesses at least four (4) years experience in an emergency management or related field; or (D) Is serving as director of a local emergency management agency on July 1, 2011. (b) In addition to the requirements of subsection (a), any director of a local emergency management agency shall possess knowledge of the following subjects: (1) The principles and practices of emergency management; (2) Emergency management planning concepts; (3) Disaster response and the functions of government and private organizations; (4) Laws and regulations related to emergency operations; and (5) Working knowledge of computer operations and the operation of other basic office equipment. (c) In addition to the requirements of subsections (a) and (b), any director of a local emergency management agency shall possess the skill and ability to perform tasks as defined by the county mayor, including, but not limited to, the following tasks: (1) Plan, organize, assign, inspect, and direct the work of others; (2) Evaluate situations and make coherent decisions; (3) Express ideas clearly, concisely, and convincingly, both orally and in writing. This requirement includes the ability to communicate effectively under stressful conditions during emergency situations; (4) Establish and maintain an effective working relationship with the public, businesses, industries, volunteers, and employees; (5) Operate an emergency management response vehicle and communications equipment; (6) Work from a mobile unit and outdoors in all types of weather conditions during emergency and simulated situations; and (7) Direct the activities of a twenty-four-hour, seven-day-a-week operation. (d) A local emergency management agency director is under executive direction. (e) A local emergency management agency director's responsibilities include, but are not limited to, the following: (1) Coordinate and assist in the revision and update of the local emergency operations plan and field operating guides in conjunction with elected and appointed local government officials and private, volunteer, and civic organizations; (2) Develop and manage the local agency's annual budget in accordance with local guidelines; (3) Collect initial disaster intelligence information, extract essential elements of information, and prioritize use of critical resources; (4) Prepare and transmit situation reports to TEMA as directed by state procedures; (5) Assess the impact of major emergencies and initiate requests for declaration of emergency for the CLEO's signature; (6) Serve as the focal point for damage assessment information and coordinate all relief activities through the CLEO and the regional and state emergency operations center; (7) Promote and supervise the development of various emergency management related public education and information services, such as training programs, brochures, speaking opportunities, and media programs; (8) Develop and maintain an emergency operations center to ensure direction, control, and continuity of local government during emergencies and disasters; (9) Conduct hazardous analysis, capability assessment and vulnerability analysis, and make periodic updates to same. The director is "on call" for response to any type of disaster or major emergency: natural, manmade, or technological; (10) Provide assistance to private sector organizations on issues pertaining to emergency management and homeland security; (11) Provide resource coordination and technical assistance during major emergencies and disasters; (12) Prepare after-action reports as required; (13) Development and implementation of all activities relative to emergency management within the territorial limits of the emergency management area for which the director serves as director; (14) Establish emergency management standards within the territorial limits of the emergency management area for which the director serves as director. This responsibility includes the development and implementation of activities which support the national incident management system (NIMS) to mitigate, prepare for, respond to, and recover from major emergencies, terrorist events, and disasters; and (15) Perform other duties as directed by the CLEO. (f) In addition to the duties and responsibilities enumerated in subsection (e), a local emergency management agency director shall: (1) Complete FEMA independent study (IS) courses in a timely manner as required by TEMA and local guidelines; (2) Within the first twenty-four (24) months of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, by June 30, 2013, complete the TEMA hazardous materials operations level, damage assessment workshop, and any NIMS courses that are offered during that twenty-four-month period. If the TEMA hazardous materials operations level or damage assessment workshop is not offered during the first twenty-four (24) months of a director's term of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, during the period of July 1, 2011 through June 30, 2013, the director shall take those courses at the earliest opportunity after the expiration of such time period. A director shall attend additional courses that are offered by TEMA as the director's time and schedule permit; (3) Apply for emergency management professional certifications in a timely manner; and (4) Independently maintain current knowledge of new technologies related to emergency management.
(a) As a prerequisite to receiving an offer of employment as the director of a local emergency management agency, the candidate shall provide evidence satisfactory to the CLEO that the applicant: (1) Is at least eighteen (18) years of age; (2) Is a citizen of the United States and of this state; (3) Is a high school graduate or possesses equivalency; (4) Has not been convicted or pled guilty to or entered a plea of nolo contendere to any felony charge; (5) Has a valid Tennessee driver license; and (6) (A) Has graduated and received a baccalaureate degree; (B) Has graduated and received an associate's degree and possesses at least two (2) years experience in an emergency management or related field; (C) Possesses at least four (4) years experience in an emergency management or related field; or (D) Is serving as director of a local emergency management agency on July 1, 2011.
(1) Is at least eighteen (18) years of age;
(2) Is a citizen of the United States and of this state;
(3) Is a high school graduate or possesses equivalency;
(4) Has not been convicted or pled guilty to or entered a plea of nolo contendere to any felony charge;
(5) Has a valid Tennessee driver license; and
(6) (A) Has graduated and received a baccalaureate degree; (B) Has graduated and received an associate's degree and possesses at least two (2) years experience in an emergency management or related field; (C) Possesses at least four (4) years experience in an emergency management or related field; or (D) Is serving as director of a local emergency management agency on July 1, 2011.
(A) Has graduated and received a baccalaureate degree;
(B) Has graduated and received an associate's degree and possesses at least two (2) years experience in an emergency management or related field;
(C) Possesses at least four (4) years experience in an emergency management or related field; or
(D) Is serving as director of a local emergency management agency on July 1, 2011.
(b) In addition to the requirements of subsection (a), any director of a local emergency management agency shall possess knowledge of the following subjects: (1) The principles and practices of emergency management; (2) Emergency management planning concepts; (3) Disaster response and the functions of government and private organizations; (4) Laws and regulations related to emergency operations; and (5) Working knowledge of computer operations and the operation of other basic office equipment.
(1) The principles and practices of emergency management;
(2) Emergency management planning concepts;
(3) Disaster response and the functions of government and private organizations;
(4) Laws and regulations related to emergency operations; and
(5) Working knowledge of computer operations and the operation of other basic office equipment.
(c) In addition to the requirements of subsections (a) and (b), any director of a local emergency management agency shall possess the skill and ability to perform tasks as defined by the county mayor, including, but not limited to, the following tasks: (1) Plan, organize, assign, inspect, and direct the work of others; (2) Evaluate situations and make coherent decisions; (3) Express ideas clearly, concisely, and convincingly, both orally and in writing. This requirement includes the ability to communicate effectively under stressful conditions during emergency situations; (4) Establish and maintain an effective working relationship with the public, businesses, industries, volunteers, and employees; (5) Operate an emergency management response vehicle and communications equipment; (6) Work from a mobile unit and outdoors in all types of weather conditions during emergency and simulated situations; and (7) Direct the activities of a twenty-four-hour, seven-day-a-week operation.
(1) Plan, organize, assign, inspect, and direct the work of others;
(2) Evaluate situations and make coherent decisions;
(3) Express ideas clearly, concisely, and convincingly, both orally and in writing. This requirement includes the ability to communicate effectively under stressful conditions during emergency situations;
(4) Establish and maintain an effective working relationship with the public, businesses, industries, volunteers, and employees;
(5) Operate an emergency management response vehicle and communications equipment;
(6) Work from a mobile unit and outdoors in all types of weather conditions during emergency and simulated situations; and
(7) Direct the activities of a twenty-four-hour, seven-day-a-week operation.
(d) A local emergency management agency director is under executive direction.
(e) A local emergency management agency director's responsibilities include, but are not limited to, the following: (1) Coordinate and assist in the revision and update of the local emergency operations plan and field operating guides in conjunction with elected and appointed local government officials and private, volunteer, and civic organizations; (2) Develop and manage the local agency's annual budget in accordance with local guidelines; (3) Collect initial disaster intelligence information, extract essential elements of information, and prioritize use of critical resources; (4) Prepare and transmit situation reports to TEMA as directed by state procedures; (5) Assess the impact of major emergencies and initiate requests for declaration of emergency for the CLEO's signature; (6) Serve as the focal point for damage assessment information and coordinate all relief activities through the CLEO and the regional and state emergency operations center; (7) Promote and supervise the development of various emergency management related public education and information services, such as training programs, brochures, speaking opportunities, and media programs; (8) Develop and maintain an emergency operations center to ensure direction, control, and continuity of local government during emergencies and disasters; (9) Conduct hazardous analysis, capability assessment and vulnerability analysis, and make periodic updates to same. The director is "on call" for response to any type of disaster or major emergency: natural, manmade, or technological; (10) Provide assistance to private sector organizations on issues pertaining to emergency management and homeland security; (11) Provide resource coordination and technical assistance during major emergencies and disasters; (12) Prepare after-action reports as required; (13) Development and implementation of all activities relative to emergency management within the territorial limits of the emergency management area for which the director serves as director; (14) Establish emergency management standards within the territorial limits of the emergency management area for which the director serves as director. This responsibility includes the development and implementation of activities which support the national incident management system (NIMS) to mitigate, prepare for, respond to, and recover from major emergencies, terrorist events, and disasters; and (15) Perform other duties as directed by the CLEO.
(1) Coordinate and assist in the revision and update of the local emergency operations plan and field operating guides in conjunction with elected and appointed local government officials and private, volunteer, and civic organizations;
(2) Develop and manage the local agency's annual budget in accordance with local guidelines;
(3) Collect initial disaster intelligence information, extract essential elements of information, and prioritize use of critical resources;
(4) Prepare and transmit situation reports to TEMA as directed by state procedures;
(5) Assess the impact of major emergencies and initiate requests for declaration of emergency for the CLEO's signature;
(6) Serve as the focal point for damage assessment information and coordinate all relief activities through the CLEO and the regional and state emergency operations center;
(7) Promote and supervise the development of various emergency management related public education and information services, such as training programs, brochures, speaking opportunities, and media programs;
(8) Develop and maintain an emergency operations center to ensure direction, control, and continuity of local government during emergencies and disasters;
(9) Conduct hazardous analysis, capability assessment and vulnerability analysis, and make periodic updates to same. The director is "on call" for response to any type of disaster or major emergency: natural, manmade, or technological;
(10) Provide assistance to private sector organizations on issues pertaining to emergency management and homeland security;
(11) Provide resource coordination and technical assistance during major emergencies and disasters;
(12) Prepare after-action reports as required;
(13) Development and implementation of all activities relative to emergency management within the territorial limits of the emergency management area for which the director serves as director;
(14) Establish emergency management standards within the territorial limits of the emergency management area for which the director serves as director. This responsibility includes the development and implementation of activities which support the national incident management system (NIMS) to mitigate, prepare for, respond to, and recover from major emergencies, terrorist events, and disasters; and
(15) Perform other duties as directed by the CLEO.
(f) In addition to the duties and responsibilities enumerated in subsection (e), a local emergency management agency director shall: (1) Complete FEMA independent study (IS) courses in a timely manner as required by TEMA and local guidelines; (2) Within the first twenty-four (24) months of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, by June 30, 2013, complete the TEMA hazardous materials operations level, damage assessment workshop, and any NIMS courses that are offered during that twenty-four-month period. If the TEMA hazardous materials operations level or damage assessment workshop is not offered during the first twenty-four (24) months of a director's term of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, during the period of July 1, 2011 through June 30, 2013, the director shall take those courses at the earliest opportunity after the expiration of such time period. A director shall attend additional courses that are offered by TEMA as the director's time and schedule permit; (3) Apply for emergency management professional certifications in a timely manner; and (4) Independently maintain current knowledge of new technologies related to emergency management.
(1) Complete FEMA independent study (IS) courses in a timely manner as required by TEMA and local guidelines;
(2) Within the first twenty-four (24) months of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, by June 30, 2013, complete the TEMA hazardous materials operations level, damage assessment workshop, and any NIMS courses that are offered during that twenty-four-month period. If the TEMA hazardous materials operations level or damage assessment workshop is not offered during the first twenty-four (24) months of a director's term of employment, or, in the case of a person who is serving as director of a local emergency management agency on July 1, 2011, during the period of July 1, 2011 through June 30, 2013, the director shall take those courses at the earliest opportunity after the expiration of such time period. A director shall attend additional courses that are offered by TEMA as the director's time and schedule permit;
(3) Apply for emergency management professional certifications in a timely manner; and
(4) Independently maintain current knowledge of new technologies related to emergency management.
Tenn. Code Ann. § 58-1-607 — TN Code / Title 58 / Chapter 1 / Section 58-1-607
Officer's certificate of notarial act
Status: in_force

(a) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as such person's act, or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment. (b) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appear upon such instrument or document, or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of §§ 58-1-605 - 58-1-607. Acts 1945, ch. 5, § 4; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-307.
(a) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as such person's act, or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
(b) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appear upon such instrument or document, or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of §§ 58-1-605 - 58-1-607.
Acts 1945, ch. 5, § 4; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-307.
Tenn. Code Ann. § 58-2-701 — TN Code / Title 58 / Chapter 2 / Section 58-2-701
Interstate Earthquake Compact of 1988
Status: in_force

The general assembly of the state of Tennessee hereby ratifies a compact on behalf of the state of Tennessee with any other state legally joining therein in the form substantially as follows: ARTICLE I. PURPOSE The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources. ARTICLE II. INTRASTATE PLANNING Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake or other emergency, recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity. ARTICLE III. RESPONSIBILITIES OF STATES Whenever the governor of a party state requests aid from the governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consonant with the maintenance of protection for its residents and the policies stated in Article I. ARTICLE IV. RECIPROCITY Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state, demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered. ARTICLE V. IMMUNITY No party state or its officers, employees or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith. ARTICLE VI. SUPPLEMENTARY AGREEMENTS Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies. ARTICLE VII. COMPENSATION Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed. ARTICLE VIII. REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under Article VII; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state rendering aid for loss, damage or expense incurred within the terms of this article. ARTICLE IX. EVACUATION PLANS Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for the expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees. ARTICLE X. AVAILABILITY Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law; provided, that it shall not become initially effective until enacted into law by two (2) party states. ARTICLE XI. WITHDRAWAL Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety (90) days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing the governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal it shall remain liable to the extent of such obligation. ARTICLE XII. SEVERABILITY This compact is to be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances is not to be affected by it. Acts 1988, ch. 616, § 1.
The general assembly of the state of Tennessee hereby ratifies a compact on behalf of the state of Tennessee with any other state legally joining therein in the form substantially as follows:
ARTICLE I. PURPOSE The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources.
The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources.
ARTICLE II. INTRASTATE PLANNING Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake or other emergency, recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity.
Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake or other emergency, recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity.
ARTICLE III. RESPONSIBILITIES OF STATES Whenever the governor of a party state requests aid from the governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consonant with the maintenance of protection for its residents and the policies stated in Article I.
Whenever the governor of a party state requests aid from the governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consonant with the maintenance of protection for its residents and the policies stated in Article I.
ARTICLE IV. RECIPROCITY Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state, demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.
Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state, demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.
ARTICLE V. IMMUNITY No party state or its officers, employees or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith.
No party state or its officers, employees or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith.
ARTICLE VI. SUPPLEMENTARY AGREEMENTS Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
ARTICLE VII. COMPENSATION Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed.
Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed.
ARTICLE VIII. REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under Article VII; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state rendering aid for loss, damage or expense incurred within the terms of this article.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under Article VII; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state rendering aid for loss, damage or expense incurred within the terms of this article.
ARTICLE IX. EVACUATION PLANS Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for the expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for the expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE X. AVAILABILITY Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law; provided, that it shall not become initially effective until enacted into law by two (2) party states.
Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law; provided, that it shall not become initially effective until enacted into law by two (2) party states.
ARTICLE XI. WITHDRAWAL Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety (90) days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing the governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal it shall remain liable to the extent of such obligation.
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety (90) days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing the governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal it shall remain liable to the extent of such obligation.
ARTICLE XII. SEVERABILITY This compact is to be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances is not to be affected by it.
This compact is to be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances is not to be affected by it.
Acts 1988, ch. 616, § 1.
Tenn. Code Ann. § 58-1-601 — TN Code / Title 58 / Chapter 1 / Section 58-1-601
Rights-of-way - Highways - Exceptions
Status: in_force

Troops of the United States or of the Tennessee national guard parading or performing any duty according to law shall have the right-of-way on any street or highway over which they may pass, except that the carriage of the United States mail, legitimate functions of police departments, and the operations of fire departments shall not be interfered with thereby. Amended by 2013 Tenn. Acts, ch. 308, s 17, eff. 7/1/2013. Acts 1970, ch. 596, §§ 87, 88; T.C.A., § 7-301.
Troops of the United States or of the Tennessee national guard parading or performing any duty according to law shall have the right-of-way on any street or highway over which they may pass, except that the carriage of the United States mail, legitimate functions of police departments, and the operations of fire departments shall not be interfered with thereby.
Amended by 2013 Tenn. Acts, ch. 308, s 17, eff. 7/1/2013.
Acts 1970, ch. 596, §§ 87, 88; T.C.A., § 7-301.
Tenn. Code Ann. § 58-1-204 — TN Code / Title 58 / Chapter 1 / Section 58-1-204
Air national guard
Status: in_force

The air force of the national guard shall be the air national guard and shall comprise the air units which are a part of the national guard on March 2, 1970, and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the air national guard shall be federally recognized as such. The light aviation units of the army national guard shall not be considered air units within the meaning of parts 1, 2 and 4-6 of this chapter. Acts 1970, ch. 596, § 19; T.C.A., § 7-120.
The air force of the national guard shall be the air national guard and shall comprise the air units which are a part of the national guard on March 2, 1970, and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the air national guard shall be federally recognized as such. The light aviation units of the army national guard shall not be considered air units within the meaning of parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 19; T.C.A., § 7-120.
Tenn. Code Ann. § 58-1-303 — TN Code / Title 58 / Chapter 1 / Section 58-1-303
Election and appointment of officers
Status: in_force

All officers of the militia exercising command of line units shall be elected by ballot, and the governor, immediately upon calling the militia to active duty, shall issue appropriate rules and regulations for such elections, and appoint such number of staff officers in proper grades as may be required by the militia; provided, that persons eligible for commissions in the militia shall be the same as provided for the national guard. Acts 1933, ch. 128, § 28; 1937, ch. 249, § 6; C. Supp. 1950, § 1003.29 (Williams, § 845.28); T.C.A. (orig. ed.), § 7-204.
All officers of the militia exercising command of line units shall be elected by ballot, and the governor, immediately upon calling the militia to active duty, shall issue appropriate rules and regulations for such elections, and appoint such number of staff officers in proper grades as may be required by the militia; provided, that persons eligible for commissions in the militia shall be the same as provided for the national guard.
Acts 1933, ch. 128, § 28; 1937, ch. 249, § 6; C. Supp. 1950, § 1003.29 (Williams, § 845.28); T.C.A. (orig. ed.), § 7-204.
Tenn. Code Ann. § 58-2-114 — TN Code / Title 58 / Chapter 2 / Section 58-2-114
Government equipment, services, and facilities
Status: in_force

In carrying out this chapter, the governor, the director of TEMA and the executive officers, or governing bodies of the political subdivisions of the state establishing local emergency management agencies, are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor or to the director and to the local emergency management agencies throughout the state upon request. Acts 2000, ch. 946, § 1.
In carrying out this chapter, the governor, the director of TEMA and the executive officers, or governing bodies of the political subdivisions of the state establishing local emergency management agencies, are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor or to the director and to the local emergency management agencies throughout the state upon request.
Acts 2000, ch. 946, § 1.
Tenn. Code Ann. § 58-1-219 — TN Code / Title 58 / Chapter 1 / Section 58-1-219
Officers - Retired list
Status: in_force

When the appointment of any officer is terminated and federal recognition withdrawn pursuant to § 58-1-218(2) , the officer's name shall be placed upon the national guard retired list. Those terminated under § 58-1-218(3), (4), (5) and (7) , may also be placed upon such list if the termination was not occasioned by misconduct or undesirable habits and traits of character. Acts 1970, ch. 596, § 38; T.C.A., § 7-135.
When the appointment of any officer is terminated and federal recognition withdrawn pursuant to § 58-1-218(2) , the officer's name shall be placed upon the national guard retired list. Those terminated under § 58-1-218(3), (4), (5) and (7) , may also be placed upon such list if the termination was not occasioned by misconduct or undesirable habits and traits of character.
Acts 1970, ch. 596, § 38; T.C.A., § 7-135.
Tenn. Code Ann. § 58-1-508 — TN Code / Title 58 / Chapter 1 / Section 58-1-508
Plans for armories - Acceptance and use of funds
Status: in_force

(a) When funds are made available, the adjutant general, with the approval of the state building commission and in accordance with the policies and procedures of the commission, is vested with the power, jurisdiction and authority to employ architects, contractors and other employees and to cause proper plans and specifications to be prepared or drafted for armories and facilities and their equipment and furnishings. The adjutant general, with the approval of the governor, is further empowered to accept any aid, financial or otherwise, from any municipality and/or county of this state, as well as federal, in carrying out the purpose of §§ 58-1-507 - 58-1-512 and constructing such armories and facilities. (b) Funds made available to the adjutant general for the adjutant general's use in carrying out the purposes and objects mentioned in §§ 58-1-507 - 58-1-512 shall be expended therefor, as when and where directed by the adjutant general, with the approval of the governor. Acts 1970, ch. 596, § 80; 1971, ch. 99, § 2; T.C.A., § 7-516; Acts 1990, ch. 734, § 1.
(a) When funds are made available, the adjutant general, with the approval of the state building commission and in accordance with the policies and procedures of the commission, is vested with the power, jurisdiction and authority to employ architects, contractors and other employees and to cause proper plans and specifications to be prepared or drafted for armories and facilities and their equipment and furnishings. The adjutant general, with the approval of the governor, is further empowered to accept any aid, financial or otherwise, from any municipality and/or county of this state, as well as federal, in carrying out the purpose of §§ 58-1-507 - 58-1-512 and constructing such armories and facilities.
(b) Funds made available to the adjutant general for the adjutant general's use in carrying out the purposes and objects mentioned in §§ 58-1-507 - 58-1-512 shall be expended therefor, as when and where directed by the adjutant general, with the approval of the governor.
Acts 1970, ch. 596, § 80; 1971, ch. 99, § 2; T.C.A., § 7-516; Acts 1990, ch. 734, § 1.
Tenn. Code Ann. § 58-1-228 — TN Code / Title 58 / Chapter 1 / Section 58-1-228
National Guard Force Protection Act of 2016
Status: in_force

(a) This section shall be known and may be cited as the "National Guard Force Protection Act of 2016." (b) The department of military may implement the following force protection enhancements at national guard facilities: (1) Aiphones; (2) Shatter resistant films; (3) Cameras; (4) Magnetic locks with keypads; (5) Mobile ballistic shields; (6) Barriers, including: (A) Permanent bollards; (B) Automatic bollards; (C) Manual removable bollards; and (D) Decorative barriers; (7) Privacy screens; and (8) Any other force protection enhancement deemed necessary by the department. (c) The adjutant general shall inform the general assembly upon completion of the force protection enhancements required pursuant to this section. Acts 2016, ch. 747, § 1-3.
(a) This section shall be known and may be cited as the "National Guard Force Protection Act of 2016."
(b) The department of military may implement the following force protection enhancements at national guard facilities: (1) Aiphones; (2) Shatter resistant films; (3) Cameras; (4) Magnetic locks with keypads; (5) Mobile ballistic shields; (6) Barriers, including: (A) Permanent bollards; (B) Automatic bollards; (C) Manual removable bollards; and (D) Decorative barriers; (7) Privacy screens; and (8) Any other force protection enhancement deemed necessary by the department.
(1) Aiphones;
(2) Shatter resistant films;
(3) Cameras;
(4) Magnetic locks with keypads;
(5) Mobile ballistic shields;
(6) Barriers, including: (A) Permanent bollards; (B) Automatic bollards; (C) Manual removable bollards; and (D) Decorative barriers;
(A) Permanent bollards;
(B) Automatic bollards;
(C) Manual removable bollards; and
(D) Decorative barriers;
(7) Privacy screens; and
(8) Any other force protection enhancement deemed necessary by the department.
(c) The adjutant general shall inform the general assembly upon completion of the force protection enhancements required pursuant to this section.
Acts 2016, ch. 747, § 1-3.
Tenn. Code Ann. § 58-2-403 — TN Code / Title 58 / Chapter 2 / Section 58-2-403
Text of Emergency Management Assistance Compact
Status: in_force

The emergency management assistance compact referred to in § 58-2-401 which the governor is authorized to execute on behalf of the state is as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and the intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. ARTICLE III - PARTY STATE RESPONSIBILITIES A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party state's individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to the authorized representative. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location. C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer. ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. ARTICLE VI - LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII shall not be reimbursable under this provision. ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation or such evacuees. ARTICLE XI - IMPLEMENTATION A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state. B. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. ARTICLE XII - VALIDITY Chapter 247 of the Public Acts of 1995 shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of Chapter 247 of the Public Acts of 1995 and the applicability thereof to other persons and circumstances shall not be affected thereby. ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code. Acts 1995, ch. 247, § 2; 2010 , ch. 745, § 2.
The emergency management assistance compact referred to in § 58-2-401 which the governor is authorized to execute on behalf of the state is as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and the intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and the intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III - PARTY STATE RESPONSIBILITIES A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party state's individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to the authorized representative. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location. C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party state's individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.
ii. Review party state's individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
iv. Assist in warning communities adjacent to or crossing the state boundaries.
v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to the authorized representative. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.
i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.
C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.
ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
ARTICLE VI - LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII shall not be reimbursable under this provision.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII shall not be reimbursable under this provision.
ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation or such evacuees.
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation or such evacuees.
ARTICLE XI - IMPLEMENTATION A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state. B. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
B. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
ARTICLE XII - VALIDITY Chapter 247 of the Public Acts of 1995 shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of Chapter 247 of the Public Acts of 1995 and the applicability thereof to other persons and circumstances shall not be affected thereby.
Chapter 247 of the Public Acts of 1995 shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of Chapter 247 of the Public Acts of 1995 and the applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code.
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code.
Acts 1995, ch. 247, § 2; 2010 , ch. 745, § 2.
Tenn. Code Ann. § 58-1-305 — TN Code / Title 58 / Chapter 1 / Section 58-1-305
Transfer of militia to national guard
Status: in_force

The governor, with the advice and consent of the general assembly, and in accordance with the orders of the president, may, after issuing call of the militia into active service, transfer the entire militia, or any portion thereof, to the national guard and treat it under the National Defense Act. Acts 1933, ch. 128, § 29; C. Supp. 1950, § 1003.30 (Williams, § 845.29); T.C.A. (orig. ed.), § 7-206.
The governor, with the advice and consent of the general assembly, and in accordance with the orders of the president, may, after issuing call of the militia into active service, transfer the entire militia, or any portion thereof, to the national guard and treat it under the National Defense Act.
Acts 1933, ch. 128, § 29; C. Supp. 1950, § 1003.30 (Williams, § 845.29); T.C.A. (orig. ed.), § 7-206.
Tenn. Code Ann. § 58-2-107 — TN Code / Title 58 / Chapter 2 / Section 58-2-107
Emergency management powers of the governor
Status: in_force

(a) (1) The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent. (2) Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law. (b) (1) The governor or the governor's designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways: (A) By executive order or proclamation; or (B) By the activation of the TEMP. (2) These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than forty-five (45) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies. (c) An executive order or proclamation of a state of emergency shall: (1) Activate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question; (2) Be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other law relating to emergencies; and (3) Identify whether the state of emergency is due to a minor, major, or catastrophic disaster. (d) During the continuance of a state emergency, the governor is commander in chief of the Tennessee national guard and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the emergency. (e) In addition to any other powers conferred upon the governor by law, the governor may: (1) Suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; (2) Utilize all available resources of the state government and of each political subdivision of the state, as reasonably necessary to cope with the emergency; (3) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services; (4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency; (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; (7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components; (9) Make provision for the availability and use of temporary emergency housing; (10) Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services in the general public interest; (11) Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and (12) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in clean up and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner. (f) The governor shall take such action and give such direction to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders and rules made pursuant thereto. (g) The governor shall employ such measures and give such directions to the department of health and department of human services, division of vocational rehabilitation, as may be reasonable and necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of such agency by reason of conditions arising from emergencies or threats of emergency. (h) The governor shall delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof prior to an emergency or threat of an emergency, and shall utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof, including their personnel and other resources, as the primary emergency management forces of the state, and all such officers and agencies shall cooperate with and extend their services and facilities to the agency, as it may require. (i) The governor and the agency shall establish agencies and offices and appoint executive, professional, technical, clerical and other personnel as may be necessary to carry out this chapter. (j) The governor shall formulate and execute plans and rules for the control of traffic in order to provide for the rapid and safe movement or evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will effectuate such plans. (k) The governor may delegate to the director of TEMA the authority to declare a state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. Pursuant to the delegation of authority granted by this subsection (k), the director of TEMA may declare a state of emergency prospectively in anticipation of an emergency. (l) (1) If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct. (2) If additional medical resources are required, the governor, by executive order, may provide limited liability protection to health care providers, including hospitals and community mental health care centers and those licensed, certified or authorized under titles 33, 63 or 68, and who render services within the limits of their license, certification or authorization to victims or evacuees of such emergencies; provided, however, that this protection may not include any act or omission caused by gross negligence or willful misconduct. (3) The duration of the protection provided by this subsection ( l ) shall not exceed thirty (30) days, but may be extended by the governor by executive order for an additional thirty (30) days, if required to ensure the provision of emergency medical services in response to the catastrophic or major disaster. (m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components. (n) During a state of emergency, major disaster, or natural disaster, the state, a political subdivision, or a public official shall not prohibit the operations of a church or religious organization for purposes of worship services. Amended by 2022 Tenn. Acts, ch. 802, s 2, eff. 4/8/2022. Amended by 2021EX3 Tenn. Acts, ch. 3, s 1, eff. 11/12/2021. Acts 2000, ch. 946, § 1; 2004, ch. 487, § 1; 2006, ch. 560, § 1; 2007 , ch. 129, § 1; 2010 , ch. 885, § 1.
(a) (1) The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent. (2) Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law.
(1) The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent.
(2) Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law.
(b) (1) The governor or the governor's designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways: (A) By executive order or proclamation; or (B) By the activation of the TEMP. (2) These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than forty-five (45) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies.
(1) The governor or the governor's designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways: (A) By executive order or proclamation; or (B) By the activation of the TEMP.
(A) By executive order or proclamation; or
(B) By the activation of the TEMP.
(2) These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than forty-five (45) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies.
(c) An executive order or proclamation of a state of emergency shall: (1) Activate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question; (2) Be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other law relating to emergencies; and (3) Identify whether the state of emergency is due to a minor, major, or catastrophic disaster.
(1) Activate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question;
(2) Be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other law relating to emergencies; and
(3) Identify whether the state of emergency is due to a minor, major, or catastrophic disaster.
(d) During the continuance of a state emergency, the governor is commander in chief of the Tennessee national guard and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the emergency.
(e) In addition to any other powers conferred upon the governor by law, the governor may: (1) Suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; (2) Utilize all available resources of the state government and of each political subdivision of the state, as reasonably necessary to cope with the emergency; (3) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services; (4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency; (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; (7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components; (9) Make provision for the availability and use of temporary emergency housing; (10) Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services in the general public interest; (11) Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and (12) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in clean up and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner.
(1) Suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(2) Utilize all available resources of the state government and of each political subdivision of the state, as reasonably necessary to cope with the emergency;
(3) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency;
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery;
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components;
(9) Make provision for the availability and use of temporary emergency housing;
(10) Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services in the general public interest;
(11) Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and
(12) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in clean up and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner.
(f) The governor shall take such action and give such direction to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders and rules made pursuant thereto.
(g) The governor shall employ such measures and give such directions to the department of health and department of human services, division of vocational rehabilitation, as may be reasonable and necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of such agency by reason of conditions arising from emergencies or threats of emergency.
(h) The governor shall delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof prior to an emergency or threat of an emergency, and shall utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof, including their personnel and other resources, as the primary emergency management forces of the state, and all such officers and agencies shall cooperate with and extend their services and facilities to the agency, as it may require.
(i) The governor and the agency shall establish agencies and offices and appoint executive, professional, technical, clerical and other personnel as may be necessary to carry out this chapter.
(j) The governor shall formulate and execute plans and rules for the control of traffic in order to provide for the rapid and safe movement or evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will effectuate such plans.
(k) The governor may delegate to the director of TEMA the authority to declare a state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. Pursuant to the delegation of authority granted by this subsection (k), the director of TEMA may declare a state of emergency prospectively in anticipation of an emergency.
(l) (1) If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct. (2) If additional medical resources are required, the governor, by executive order, may provide limited liability protection to health care providers, including hospitals and community mental health care centers and those licensed, certified or authorized under titles 33, 63 or 68, and who render services within the limits of their license, certification or authorization to victims or evacuees of such emergencies; provided, however, that this protection may not include any act or omission caused by gross negligence or willful misconduct. (3) The duration of the protection provided by this subsection ( l ) shall not exceed thirty (30) days, but may be extended by the governor by executive order for an additional thirty (30) days, if required to ensure the provision of emergency medical services in response to the catastrophic or major disaster.
(1) If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct.
(2) If additional medical resources are required, the governor, by executive order, may provide limited liability protection to health care providers, including hospitals and community mental health care centers and those licensed, certified or authorized under titles 33, 63 or 68, and who render services within the limits of their license, certification or authorization to victims or evacuees of such emergencies; provided, however, that this protection may not include any act or omission caused by gross negligence or willful misconduct.
(3) The duration of the protection provided by this subsection ( l ) shall not exceed thirty (30) days, but may be extended by the governor by executive order for an additional thirty (30) days, if required to ensure the provision of emergency medical services in response to the catastrophic or major disaster.
(m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.
(n) During a state of emergency, major disaster, or natural disaster, the state, a political subdivision, or a public official shall not prohibit the operations of a church or religious organization for purposes of worship services.
Amended by 2022 Tenn. Acts, ch. 802, s 2, eff. 4/8/2022.
Amended by 2021EX3 Tenn. Acts, ch. 3, s 1, eff. 11/12/2021.
Acts 2000, ch. 946, § 1; 2004, ch. 487, § 1; 2006, ch. 560, § 1; 2007 , ch. 129, § 1; 2010 , ch. 885, § 1.
Tenn. Code Ann. § 58-2-121 — TN Code / Title 58 / Chapter 2 / Section 58-2-121
Liability
Status: in_force

Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person's successor in interest, if any, shall not be liable for: (1) The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or (2) Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person's successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Acts 2000, ch. 946, § 1.
Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person's successor in interest, if any, shall not be liable for:
(1) The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or
(2) Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person's successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.
Acts 2000, ch. 946, § 1.