reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-206 - Maintenance of national guard units

In the event adequate and satisfactory armory accommodations, bases, camps, target ranges and other facilities are not furnished by the United States, counties or municipal corporations, the same may be provided and maintained by the state.
Acts 1970, ch. 596, § 21; T.C.A., § 7-122.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-207 - Inactive national guard

The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein on March 2, 1970, such officers and enlisted personnel as may be hereafter transferred thereto from the army national guard and the air national guard and such persons as lawfully may be enlisted therein.
Acts 1970, ch. 596, § 22; T.C.A., § 7-123.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-208 - Funds - Accounting requirements - Post exchanges and canteens - Regulations governing

All unit funds, known as company, battalion, and regimental funds, however derived, in the hands of national guard organizations including the "station commander's upkeep and maintenance fund," shall be accounted for in accordance with regulations promulgated by the adjutant general. Post exchanges, canteen and similar activities shall likewise be operated and regulated in accordance with such regulations.
Acts 1970, ch. 596, § 26; T.C.A., § 7-124.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-209 - Appointment and promotion of commissioned officers

All commissioned officers of the national guard shall be considered for appointment and promotion by the governor upon the recommendation of appropriate commanders and under regulations promulgated pursuant to parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 28; T.C.A., § 7-125.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-210 - Commissioned officers - Qualifications

(a)
No person shall be appointed or promoted as a commissioned officer of the national guard unless such person shall have passed such examination as to the person's physical, moral and professional qualifications as may be prescribed by the laws of the United States and by parts 1, 2 and 4-6 of this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the national guard and no appointment as such shall become effective until the person shall have taken and subscribed to an oath of office.
(b)
Any person who has been dismissed or discharged from the national guard of this or any other state or from the armed forces of the United States or any reserve component thereof, under other than honorable conditions, and has not been restored to duty, shall not be eligible for appointment as a commissioned officer in the national guard.
Acts 1970, ch. 596, § 29; T.C.A., § 7-126.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-211 - Commissioned officers - Oath

Every commissioned officer shall take and subscribe to the oath of office prescribed for officers of the national guard by the applicable laws of the United States and regulations issued pursuant thereto, and to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before an officer of the national guard authorized to administer oaths as provided in parts 1, 2 and 4-6 of this chapter, or before a notary public or other officer authorized by the laws of this state to administer oaths.
Acts 1970, ch. 596, § 30; T.C.A., § 7-127.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-212 - Precedence and date of rank

Precedence or relative rank among officers of the same grade in the Tennessee national guard will be determined as follows:
(1)
The date of rank is the date of federal recognition in the national guard; provided, that the officer has had no prior active federal or reserve component service in the same or higher grade;
(2)
When an officer has had prior active or reserve component service in the same or higher grade, the officer's date of rank will precede the date of federal recognition by a period equal to the total length of such service (inactive service in either the army of the United States, reserve or national guard will not count);
(3)
When the date of rank of two (2) or more officers is the same when computed under either subdivision (1) or (2), the senior will be determined by the length of active commissioned service in the national guard. Further determination will be made by total active commissioned service in all components, then by age.
Acts 1970, ch. 596, § 31; T.C.A., § 7-128.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-213 - Assignments and promotions

Officers will be assigned, transferred and promoted under regulations prescribed and published pursuant to parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 32; T.C.A., § 7-129.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-214 - Officer's uniforms

Every commissioned officer shall personally provide such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to parts 1, 2, and 4-6 of this chapter.
Acts 1970, ch. 596, § 33; T.C.A., § 7-130.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-215 - Efficiency and medical examining boards - Appointment - Authority

(a)
The efficiency, moral character and general fitness for retention of any commissioned officer may be investigated and determined by an examining board. The members of an examining board shall be senior in rank to the officer under investigation unless unavailable.
(b)
The physical fitness for further service of any commissioned officer may be investigated and determined by a medical examining board of officers.
(c)
Efficiency and medical examining boards shall be appointed by, or upon direction of, the governor. Whenever an examining board shall be appointed for the purpose of determining the fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.
Acts 1970, ch. 596, § 34; T.C.A., § 7-131.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-216 - Efficiency and medical examining boards - Procedure

(a)
Efficiency and medical examining boards appointed by the governor shall follow the practice and procedure prescribed by applicable laws of the United States and this state, and the regulations issued thereunder, including the right to subpoena witnesses. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses in the officer's behalf. The officer shall at all stages of the proceedings be allowed full access to the records pertinent to the case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or the state, the governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the Tennessee national guard retired list in accordance with parts 1, 2 and 4-6 of this chapter.
(b)
The national guard efficiency and medical examining board appointed by the governor shall periodically be subject to review pursuant to the governmental entity review law simultaneously with, and as an adjunct to, the military department.
Acts 1970, ch. 596, § 35; T.C.A., § 7-132; Acts 1985, ch. 64, § 3.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-217 - Resignation of officers

(a)
A commissioned officer of the national guard may tender resignation at any time to the governor. If the governor shall accept the resignation, the officer shall receive an honorable discharge; if the officer tendering the resignation shall be under arrest or if charges have been preferred against the officer for the commission of an offense punishable by a court-martial, the governor shall await the outcome of such charges and then issue or cause to be issued such a discharge in such form as may be indicated.
(b)
Enlistment in the regular army, air force, navy, marine corps or coast guard of the United States shall be deemed a resignation by the person so enlisted of all commissions held in the military forces of this state.
(c)
No officer shall be discharged or permitted to resign until having accounted for all military funds or property entrusted to the officer's care.
Acts 1970, ch. 596, § 36; T.C.A., § 7-133.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-218 - Officers - Termination of appointments

The appointment of a national guard officer will be terminated and the officer's state recognition withdrawn for the following causes and reasons, and none other:
(1)
Death;
(2)
Attainment of maximum ages as prescribed in federal law. Nothing in parts 1, 2 and 4-6 of this chapter shall be construed to give any officer the assurance of serving until the officer has reached the maximum age, the maximum age being merely definitive of the maximum age to which the officer may serve if the officer's recognition is not withdrawn for other causes enumerated in this section. The appointment of any army medical department (AMMED) officer may be extended by the governor or the adjutant general if the officer can continue to serve as a federally recognized member of the reserve components under applicable federal law or the rules and regulations of the national guard bureau of the United States. The adjutant general may, in the adjutant general's sole discretion, extend the termination of any warrant officer to the last day of the month in which the officer reaches age sixty-two (62);
(3)
Withdrawal of federal recognition. Whenever an officer is terminated or the officer's federal recognition is withdrawn by the valid action of the federal government, including terminations as a result of the application of the Reserve Officer's Personnel Act, as amended, such action will operate to terminate the officer's state appointment and as a withdrawal of the officer's state recognition;
(4)
Pursuant to the finding of efficiency and medical boards as provided for in §§
58-1-215
and
58-1-216
;
(5)
Resignation;
(6)
Absence without leave for three (3) months;
(7)
Failure, without justification, to complete a year of satisfactory federal service;
(8)
Conviction of any crime involving moral turpitude;
(9)
The acceptance of an appointment, or the enlistment, in any of the other military services of the United States;
(10)
Induction into active military service under the Universal Military Training and Service Act, as amended;
(11)
When it has been determined that the officer is subversive or disloyal;
(12)
In the case of a chaplain, when ecclesiastical endorsement is withdrawn by the church of the officer's faith;
(13)
In the case of an officer of the medical or dental corps, when the officer's license or right to practice such officer's profession has been terminated by proper authority;
(14)
In the case of an officer of the judge advocate general's corps, when by action of appropriate authorities, the officer is refused the privilege of practicing law, or that privilege is withdrawn; or
(15)
In the case of general officers, their appointments may also be terminated and their state recognition withdrawn under §
58-1-220
.
Acts 1970, ch. 596, § 37; 1973, ch. 353, § 1; 1978, ch. 787, § 1; T.C.A., § 7-134; Acts 1993, ch. 69, § 1; 2007, ch. 23, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-219 - Officers - Retired list

When the appointment of any officer is terminated and federal recognition withdrawn pursuant to §
58-1-218(2)
, the officer's name shall be placed upon the national guard retired list. Those terminated under §
58-1-218(3), (4), (5) and (7)
, may also be placed upon such list if the termination was not occasioned by misconduct or undesirable habits and traits of character.
Acts 1970, ch. 596, § 38; T.C.A., § 7-135.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-220 - General officers - Tenure

No general officer of the line and no air guard general officer, unless the officer be the adjutant general, deputy adjutant general, or an assistant adjutant general army and an assistant adjutant general air, shall serve more than three (3) years as a federally recognized general officer. Should a general officer of the line or an air guard general officer of the line hold the rank of major general or occupy a vacancy designated to be held by a major general, such general officer shall, at the discretion of the adjutant general, be allowed to serve for two (2) additional years from the date such general officer is federally recognized as a major general.
Acts 1970, ch. 596, § 39; 1975, ch. 263, § 1; 1978, ch. 664, § 1; T.C.A., § 7-136.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-221 - Enlisted personnel - Period of service

(a)
The qualifications for enlistment and reenlistment, the period of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the national guard shall be those prescribed by applicable laws of the United States and by parts 1, 2 and 4-6 of this chapter and by regulations issued thereunder.
(b)
Any person who has been discharged under other than honorable conditions from the military forces of this or any other state or from any component of the armed forces of the United States and has not been restored to duty shall not be eligible for enlistment in any force of the national guard.
(c)
(1)
The governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the national guard for, but not exceeding, the duration of an emergency declared by the governor.
(2)
Whenever the period of enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the reserve components of the armed forces of the United States is extended, the governor shall extend the period of enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel in the national guard for the same period.
Acts 1970, ch. 596, § 40; T.C.A., § 7-137.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-222 - Contract and oath of enlistment

Every person who enlists or reenlists in the national guard shall sign an enlistment contract and shall take and subscribe to such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter. Such oath shall be taken and subscribed before any officer of the national guard. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury.
Acts 1970, ch. 596, § 41; T.C.A., § 7-138.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-223 - Promotions and reductions

Enlisted personnel of the national guard shall be promoted and reduced in grade or rank as prescribed by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 42; T.C.A., § 7-139.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-224 - Discharges

(a)
An enlisted person may be discharged from the national guard prior to the expiration of that person's term of enlistment under such conditions as may be prescribed by applicable laws and regulations of the United States and by parts 1, 2 and 4-6 of this chapter and regulations issued pursuant thereto.
(b)
An enlisted person discharged from the national guard shall receive a discharge in writing in such form and of such type of classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 43; T.C.A., § 7-140.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-225 - Absence without leave

When an enlisted person of the national guard is absent without leave or misses all scheduled drills without proper authority for five (5) drills, within any twelve-month period and there is reason to believe that the enlisted person does not intend to return, the enlisted person may be discharged, or if the enlisted person is an obligor, such person may be ordered to extended active duty as provided by appropriate federal regulation.
Acts 1970, ch. 596, § 44; T.C.A., § 7-141.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-226 - Exemption from civil process and arrest

Except for the commission of treason, a felony or a breach of the peace, the officers and enlisted personnel of the national guard shall be exempt from service of civil process and from arrest while actually engaged in the following activities:
(1)
Drill;
(2)
Instruction;
(3)
Voluntary aid and assistance; or
(4)
Other military duty.
Acts 1970, ch. 596, § 89; 1978, ch. 830, § 3; T.C.A., § 7-142.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-228 - National Guard Force Protection Act of 2016

(a)
This section shall be known and may be cited as the "National Guard Force Protection Act of 2016".
(b)
The department of military may implement the following force protection enhancements at national guard facilities:
(1)
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.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-229 - Exemption from duty on election day - Influencing election - Penalty

(a)
No officer or enlisted personnel of the national guard, except in compliance with orders of the governor, shall be required to perform military duty on a day designated for the holding of any primary or general election in any city or civil district in the state; nor shall any officer or enlisted man of the national guard use military rank or status in any way to influence the result of any such election.
(b)
Whoever violates this section is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 92; T.C.A., § 7-145; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-231 - Service medals

A service medal shall be issued to each officer or enlisted member of the national guard at the completion of five (5) years of honorable service therein, continuous or otherwise, with a clasp indicating such service affixed thereto and for each additional five (5) years of like service a clasp to be affixed to such medal; provided, that all members of the national guard who were active members as officers or enlisted personnel of the military or naval forces of the United States in time of war and who received honorable discharge from such service shall be issued an additional clasp indicative of such wartime service to be affixed to the medal hereinabove provided.
Acts 1970, ch. 596, § 94; T.C.A., § 7-148.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-232 - Dress uniforms

Any organization of the national guard may, with the approval of the commander in chief, adopt and provide, at the expense of individual members thereof, a dress uniform for special occasions; such adopted uniform shall not be worn except as may be prescribed by the commander in chief.
Acts 1970, ch. 596, § 96; T.C.A., § 7-149.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-233 - Membership in national guard associations

The adjutant general is authorized and empowered to maintain membership for the Tennessee national guard in the national guard association of the United States or any similar organization, and with the approval of the governor is authorized to incur the usual expenses incident to such membership, which expenses will be included in the annual budget of the military department and paid from the appropriations provided for that department.
Acts 1970, ch. 596, § 86; T.C.A., § 7-150.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-234 - Authority to administer oaths

The following officers of the national guard shall have power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for such purposes before such officers:
(1)
All company, battery, squadron and similar unit commanders;
(2)
All adjutants, assistant adjutants, and personnel officers;
(3)
All staff judge advocates and legal officers and acting or assisting staff judge advocates and legal officers;
(4)
All officers detailed to conduct an investigation, or to take a statement or deposition; and
(5)
All commissioned officers are authorized to administer oaths for enlistment and appointment.
Acts 1970, ch. 596, § 98; T.C.A., § 7-151.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-235 - Patrons of national guard

Any person, who contributes to a company fund of the Tennessee national guard the sum of ten dollars ($10.00) or more for the period of one (1) year shall be known as a patron of the national guard. The names of all such patrons, together with the amount contributed by each, shall be reported to the adjutant general who shall issue an appropriate card identifying such contribution as a friend, patron and supporter of the national guard.
Acts 1957, ch. 320, § 77; T.C.A., § 7-152.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-236 - Burial flag for family of deceased member of national guard

(a)
The adjutant general shall present to the family of each eligible, deceased member of the national guard a Tennessee state flag, appropriate for use as a burial flag, upon application of a member of the family of the deceased guard member.
(b)
The adjutant general shall prepare an application form to be used to determine the eligibility of the deceased for the burial flag and shall furnish the form to the senior full-time employee in each armory.
(c)
The family of any individual who serves at least one (1) year in the national guard and who at the time of death is an active, honorably discharged, or retired member of the national guard is eligible to receive a burial flag.
(d)
The adjutant general may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules to implement this section.
(e)
The adjutant general shall obtain flags from the federal government when available. If flags from the federal government are not available, the adjutant general shall purchase the flags from funds appropriated to the military department.
Added by 2017 Tenn. Acts, ch. 430,s 1, eff. 5/18/2017.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-301 - Call to active service - Enrollment of militia

The governor, with the advice and consent of the general assembly, and pursuant to the laws of the United States, shall call the militia, or any portion thereof, into active service at any time that public safety requires it; provided, that the governor is authorized to have enrollment made of all persons of this state subject to military duty or draft into the military service, and is directed, at such time as the necessity seems imminent, to cause each county assessor to make such enrollment of the assessor's respective county, stating the name, address, age, and previous military or naval experience of all persons so enrolled, if any, and to furnish copies of such enrollment to the respective county clerk, and the adjutant general. Each county shall furnish all blank forms and bear all expenses necessary to enrollment of its citizens. The governor shall have the power, in the governor's discretion, to appoint an enrolling board of three (3) members in each county to act in lieu of the county assessor, which board shall make such enrollments as directed at the time by the governor. The governor shall have the power, and is directed, to issue, at the proper time, regulations in detail governing the entry or draft of enrolled citizens into the military service, and their assignments to units.
Acts 1933, ch. 128, § 25; C. Supp. 1950, § 1003.26 (Williams, § 845.25); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 7-202.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-302 - Failure to appear for service

Any person subject to call into active military service of this state who fails to appear at the time and under conditions designated by the governor for entry or draft into active service shall be considered as a deserter and treated accordingly.
Acts 1933, ch. 128, § 27; C. Supp. 1950, § 1003.28 (Williams, § 845.27); T.C.A. (orig. ed.), § 7-203.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-303 - Election and appointment of officers

All officers of the militia exercising command of line units shall be elected by ballot, and the governor, immediately upon calling the militia to active duty, shall issue appropriate rules and regulations for such elections, and appoint such number of staff officers in proper grades as may be required by the militia; provided, that persons eligible for commissions in the militia shall be the same as provided for the national guard.
Acts 1933, ch. 128, § 28; 1937, ch. 249, § 6; C. Supp. 1950, § 1003.29 (Williams, § 845.28); T.C.A. (orig. ed.), § 7-204.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-304 - Uniform of militia

The governor is authorized and directed, at the proper time, to issue the necessary regulations governing the uniform of the militia of this state; provided, that such uniform must comply with the laws of the United States.
Acts 1933, ch. 128, § 26; C. Supp. 1950, § 1003.27 (Williams, § 845.26); T.C.A. (orig. ed.), § 7-205.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-305 - Transfer of militia to national guard

The governor, with the advice and consent of the general assembly, and in accordance with the orders of the president, may, after issuing call of the militia into active service, transfer the entire militia, or any portion thereof, to the national guard and treat it under the National Defense Act.
Acts 1933, ch. 128, § 29; C. Supp. 1950, § 1003.30 (Williams, § 845.29); T.C.A. (orig. ed.), § 7-206.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 3 - MILITIA (§§ 58-1-301 — 58-1-306) › Section 58-1-306 - Disbanding of militia

The governor, having called forth the militia into active service, is authorized to disband it, in whole or in part, as public interest and safety require, unless otherwise required by the government of the United States.
Acts 1933, ch. 128, § 30; C. Supp. 1950, § 1003.31 (Williams, § 845.30); T.C.A. (orig. ed.), § 7-207.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-401 - Governor authorized to enlist state guard

Whenever the president of the United States shall call any part of the national guard of this state into active federal service, the governor is authorized to enlist, organize, maintain, equip and discipline a volunteer defense force, other than the national guard, to be known as the Tennessee state guard.
Acts 1970, ch. 596, § 45; T.C.A., § 7-401; Acts 1985, ch. 36, § 1; 1998, ch. 584, § 5.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-402 - Membership of state guard - Distinct from national guard - Service outside state or relating to elections - Limitation on consecutive years of advisory service

The state guard shall be composed of such individuals between sixteen (16) and seventy-five (75) years of age as shall volunteer for service therein. The state guard shall be in addition to and distinct from the national guard organized under existing law. The organization shall not be required to serve outside the boundaries of this state and shall not be used to supervise, hold, guard or investigate any election or primary election held in this state. Provisionally, United States military and Tennessee state guard prior service applicants, Tennessee state guard active duty personnel and Tennessee state guard retirees shall not exceed five (5) consecutive years of advisory service.
Acts 1970, ch. 596, § 46; T.C.A., § 7-402; Acts 1985, ch. 36, §§ 2, 3; 1998, ch. 584, § 6; 1999, ch. 17, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-405 - Powers of governor in supervision of guard

The governor is authorized to appoint and commission necessary officers for the state guard; to prescribe rules and regulations governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of the state guard; to obtain by grant, requisition, or purchase such necessary arms and equipment as may be secured from the department of defense, or procure from other sources, the necessary arms and equipment to maintain and equip the state guard; to make available to the state guard the facilities of the state armories and their equipment and such other state premises or property as may be available for the purpose of drill, housing and instruction; to rent, if necessary, such additional property as may be required for drilling, housing and instruction.
Acts 1970, ch. 596, § 49; T.C.A., § 7-405; Acts 1985, ch. 36, §§ 4, 5; 1998, ch. 584, § 7.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-406 - Liability to federal military service not affected

No person shall solely by reason of enlistment or commission in any state forces be exempt from military service under the law of the United States.
Acts 1970, ch. 596, § 50; T.C.A., § 7-406.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-407 - Oath of members

Each and every member joining the state guard shall, in addition to the oath required by law to be taken by officers, take and subscribe to the following oath: "I do solemnly swear that I will well and faithfully perform my duties as a member of the Tennessee state guard to the best of my ability, and I do solemnly swear that I will bear true faith and allegiance to the state of Tennessee and that I will serve the state of Tennessee honestly and faithfully against all enemies, whomsoever, and that I will obey the orders of the governor and the officers placed over me, according to law."
Acts 1970, ch. 596, § 51; T.C.A., § 7-407; Acts 1985, ch. 36, § 6; 1998, ch. 584, § 8.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-408 - Organization, composition and strength

The governor may organize, activate, increase, change, divide, consolidate, disband, reactivate or reorganize any unit, headquarters, staff or cadre of the state guard, and may prescribe the composition and types of units, the type of organization and the system of drill or instruction to be used in training such units; and for such purposes the governor is authorized to fix, increase or decrease the strength of any unit, headquarters, staff or cadre of the state guard, including the number of commissioned officers, warrant officers, noncommissioned officers and other enlisted personnel of any grade in any such unit, headquarters, staff or cadre, and to alter the grades of officers, warrant officers and noncommissioned officers.
Acts 1970, ch. 596, § 52; T.C.A., § 7-408; Acts 1985, ch. 36, § 7; 1998, ch. 584, § 9.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-409 - Duties, privileges and immunities

All duties imposed by the military law or other statutes of the state or by regulations issued hereunder, upon units, commissioned officers, warrant officers, and enlisted personnel respectively of the national guard are hereby imposed upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard, and all rights, privileges and immunities conferred by the military law or other statutes of the state or by regulations issued hereunder, upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the national guard are hereby conferred upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard as otherwise prescribed in parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 53; T.C.A., § 7-409; Acts 1985, ch. 36, § 8; 1998, ch. 584, § 10.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-410 - Reserve organization

During such time as the state guard is not activated, the adjutant general is authorized and empowered, on the approval of the governor, to set up and maintain a reserve organization of the state guard upon a voluntary basis under such system as to the adjutant general may seem most feasible in order to provide means for the creation of an armed force in case the national guard of the state be again called into federal service.
Acts 1970, ch. 596, § 54; T.C.A., § 7-410; Acts 1985, ch. 36, § 9; 1998, ch. 584, § 11.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-411 - Compensation

Members of the state guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to §
58-1-106
, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the rate of pay and allowances as prescribed by the adjutant general.
Acts 1985, ch. 36, § 11; 1998, ch. 584, § 12.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 4 - DEFENSE FORCE (§§ 58-1-401 — 58-1-412) › Section 58-1-412 - Governor's authority and power to call members of the state guard to active state duty with the member's consent

The governor is authorized and empowered to call members of the state guard to active state duty with the member's consent, for the performance of any official duty in connection with state guard activities. Inactive reserve status may include voluntary unpaid state service for assistance to local authorities during times of disaster, or other times of crisis, when requested from and approved by the adjutant general by city, county or metropolitan local authorities.
Added by 2013 Tenn. Acts, ch. 364,s 1, eff. 5/13/2013.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-501 - Authority to acquire lands

The governor is authorized and empowered on behalf of the state to acquire by lease, purchase and condemnation under the laws of eminent domain, such land as the governor in times of emergency may deem necessary to provide adequate facilities for the protection and defense of the state and the nation.
Acts 1941, ch. 2, § 1; mod. C. Supp. 1950, § 186.3; T.C.A. (orig. ed.), § 7-507.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-502 - Proclamation of emergency

It shall be the duty of the governor to announce publicly by proclamation filed with the secretary of state the emergency necessitating the acquisition of such land before exercising the authority vested in the governor by §
58-1-501
.
Acts 1941, ch. 2, § 2; C. Supp. 1950, § 186.4; T.C.A. (orig. ed.), § 7-508.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-503 - Payment for lands

The lands so acquired in accordance with §§
58-1-501
- 58-1-505 will be paid for out of the funds of the state not otherwise appropriated.
Acts 1941, ch. 2, § 4; C. Supp. 1950, § 186.6; T.C.A. (orig. ed.), § 7-509.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-504 - Condemnation of land

If it is necessary to institute condemnation proceedings to acquire lands authorized to be acquired by §
58-1-501
, such proceedings shall be instituted in the name of the state of Tennessee against the property owner or owners, and the property shall be condemned under the general statutes providing for condemnation of lands for public purposes and containing the law of eminent domain.
Acts 1941, ch. 2, § 3; C. Supp. 1950, § 186.5; T.C.A. (orig. ed.), § 7-510.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-505 - Lease to United States

The governor is authorized and empowered to lease lands acquired in accordance with §§
58-1-501
- 58-1-504, to the United States government when such action is deemed by the governor to be advantageous to the defense of the state and the nation. A lease of such land executed by the governor in the name of the state of Tennessee will be adequate to vest in the United States government such leasehold rights as shall therein be set out.
Acts 1941, ch. 2, § 5; mod. C. Supp. 1950, § 186.7; T.C.A. (orig. ed.), § 7-511.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-506 - Acquisition, disposal and administration of real property by adjutant general - Authority to enter into cooperative agreements

The adjutant general, under the direction and supervision of the governor, shall administer all real property under the jurisdiction of the military department:
(1)
When it is deemed desirable to acquire additional real property or any interest therein for the activities of the military department and such property shall be acquired by the adjutant general when so authorized by the general law for other state departments and agencies;
(2)
When it is deemed desirable to dispose of any real property or any interest therein under the jurisdiction of the military department, the adjutant general shall execute the conveyance on behalf of the state, but the conveyance shall be approved by such other officials as may be required by law to approve conveyances of the state's real property; provided, that in no event shall real property under the jurisdiction of the military department be disposed of without the approval of the governor, and such real property shall be disposed of in the way and manner and in accordance with such procedures as provided by the general law as to the disposition of other real property belonging to the state;
(3)
The adjutant general, with the approval of the governor, may enter into cooperative agreements with the federal government and its local governmental subdivisions or agencies in connection with all phases of the activities of the military department including the joint use and occupancy of buildings and grounds including, but not limited to, aviation or airport facilities. Such agreements and contracts including, but not limited to, licenses and leases which have heretofore been entered into by the adjutant general and/or the governor are hereby authorized and validated.
Acts 1970, ch. 596, § 85; T.C.A., § 7-513.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-507 - "Armory" defined

"Armory," whenever used in §§
58-1-507
- 58-1-512, includes any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training and housing of the national guard.
Acts 1970, ch. 596, § 78; T.C.A., § 7-514.