reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-104 - Creation of executive committee - Duties

(a)
There is created an executive committee of the board. The executive committee shall be composed of three (3) members of the board. One (1) member shall be the commissioner of finance and administration. The remaining two (2) members shall be elected by the board subject to the qualifications that one (1) member shall be either a nursing home administrator at the time of the member's appointment or someone who has clinical experience in nursing homes, and one (1) member who shall be the chair of the board.
(b)
The executive committee shall be responsible for the oversight of the day-to-day management and operation of state veterans' homes, including, but not limited to:
(1)
The authority to employ an executive director and other employees and to incur expenses as may be necessary for the proper discharge of its duties;
(2)
The authority to establish policies regarding the rates for patient care while in a state veterans' home; and
(3)
The authority to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including contracts for the operation of the state veterans' homes. All contracts that pertain to the acquisition and improvement of real property pursuant to §
4-15-102
must be approved in advance by the building commission and must be approved by the board. Contracts for services must also be approved in advance pursuant to former §
12-4-109
[repealed].
(c)
The executive director shall be appointed by the executive committee subject to review by the full board. The compensation of the executive director shall be established by the executive committee. The executive director shall be subject to an annual review and shall serve at the pleasure of the executive committee.
(d)
The executive committee shall file a quarterly report with the fiscal review committee concerning the operations of each state veterans' nursing home. The report shall be filed within fifteen (15) business days following the end of each calendar quarter and include information for the three-month period. The report shall include detailed information concerning the extent to which each state veterans' nursing home is in compliance with state and federal law, as well as all actions taken by the executive committee to ensure compliance with the requirements of this chapter. The report shall also include any specific information requested by the chair of the fiscal review committee.
Acts 1988, ch. 899, §4; 2008 , ch. 1137, § 5.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-105 - Reimbursement of board members

Members of the board shall not be compensated for services rendered to the homes, but will be compensated for necessary expenses incurred by a member in the performance of the member's official duties. All reimbursement for travel expenses shall be in accordance with the policies and guidelines approved by the board, but shall not exceed the maximum reimbursement for travel expenses allowed by the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1988, ch. 899, § 5.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-106 - Conflicts of interest

If any matter before the board involves a project, transaction, or relationship in which a member or the member's associated institution, business or board has a direct or a conflicting interest, the member shall make known to the board that interest and shall be prohibited from participating in discussions and voting on that matter.
Acts 1988, ch. 899, § 6.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-107 - Incurrence of debt

(a)
Prior to the adoption of any resolution or other action of the veterans' homes board authorizing the incurrence of debt or the borrowing of funds or entering into any contract or other arrangement for the planning or preparation for the incurrence of debt or the borrowing of funds, the veterans' homes board shall review such plans with the office of the comptroller of the treasury or the comptroller's designee.
(b)
The state funding board is authorized to contract or to make other arrangements as it may deem necessary to provide for the issuance of such debt of the veterans' homes board, or in the state funding board's discretion, the veterans' homes board may enter into such contracts or other arrangements; provided, however, that any contract or arrangement entered into for the purpose of the issuance or incurrence of debt shall be subject to the approval of the state funding board.
(c)
Any resolution or other action of the veterans' homes board authorizing the issuance or incurrence of debt shall be submitted to the state funding board, and such resolution or other action shall only become effective upon receiving the approval of the state funding board.
(d)
Any instrument or document evidencing the debt or borrowing of funds by the veterans' homes board shall contain on the face thereof a statement to the effect that the debt or obligation is not a debt of the state, but is payable solely from revenues and moneys pledged to the payment thereof.
Acts 1988, ch. 899, §7; 2010 , ch. 868, § 82.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-108 - Disposition of funds

The administrator of each home shall deposit with the state treasurer funds paid by veterans for their maintenance, funds received from the United States treasury and other funds given or granted to the home, including state funds. Such funds may be invested in the local government investment pool pursuant to title 9, chapter 4, part 7. The board is authorized to accept funds from any source whatever, including the federal government or any department or board thereof. All such funds received by the board for such state veterans' homes, including funds from the United States government or any federal board or program for the support of persons housed on the grounds of state veterans' homes, shall be used by the board to pay maintenance, operational and administrative expenses, and to further the objectives and purposes of the state veterans' homes. The board may establish such bank accounts pursuant to §
9-4-302
as are necessary for the efficient management of the homes.
Acts 1988, ch. 899, § 8.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-109 - Annual report

The board shall make an annual report to the governor and to members of the government operations committees of the senate and the house of representatives and the joint select committee on veterans' affairs. This report shall contain an accounting of all money received and expended, statistics on members who resided in the home during the year, recommendations to improve state veterans' homes and such other matters as the board deems pertinent.
Acts 1988, ch. 899, §9; 2008 , ch. 1137, § 6.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-110 - Plan of operation

At least thirty (30) days prior to the beginning of each fiscal year, the board shall submit a plan of operation for review and approval to the commissioner of veterans services, the commissioner of finance and administration and the comptroller of the treasury. The plan of operation shall be in such form as may be required by the state officials enumerated in this section and shall include, but not be limited to, a budget for operating and capital expenditures and appropriate policies and procedures adopted by the board to govern the expenditure of these funds. The plan of operation may be amended during a fiscal year with the written approval of the commissioner of veterans services, the commissioner of finance and administration and the comptroller of the treasury.
Acts 1988, ch. 899, § 10.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-111 - Annual audit

The comptroller of the treasury shall make an annual audit of the program established by this chapter as part of the comptroller's annual audit pursuant to §
9-3-211
.
Acts 1988, ch. 899, § 11.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-112 - Application for federal grant - Other preparatory actions

It is the intention of the general assembly that, in establishing state veterans' homes, the state shall apply for a grant from the United States veterans' administration and/or obtain its approval for leasing existing facilities pursuant to Public Law 95-62(
38 U.S.C. §§ 5031-5037
). The department of veterans services is hereby authorized to submit such an application or applications on behalf of the board and take other preparatory actions to identify existing facilities for lease or purchase and process the necessary requests for proposals to a point so that contract negotiations could begin with the board when it is established.
Acts 1988, ch. 899, § 12.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-113 - Bed occupancy

(a)
Twenty-five percent (25%) of the bed occupants at any one (1) time of state veterans' homes authorized by this part may be veteran-related family members, i.e. spouses, surviving spouses, gold star parents and dependent children.
(b)
When a state veterans' home accepts grant assistance for a construction project, seventy-five percent (75%) of the bed occupants at that facility as a whole must be veterans.
Acts 1989, ch. 17, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 7 - STATE VETERANS' HOMES (§§ 58-7-101 — 58-7-114) › Section 58-7-114 - Death of resident - Notice to guardian or next of kin - Disposition of personal property

(a)
Upon the death of a resident of a Tennessee state veterans' home, the administrator of the home shall promptly give notice of such death to the guardian or next of kin of such resident.
(b)
The administrator, executor or personal representative of the deceased person, or if there be none, one (1) or more of the heirs at law or next of kin, shall be notified by registered mail of any personal property owned by the deceased and left at the home at the time of the resident's death. Notice of an administrator, executor or personal representative shall be directed to the probate court of the county wherein the administrator, executor or personal representative is qualified to administer the estate of the deceased. Notice to the next of kin or heirs at law shall be addressed to the last known address of such person or persons.
(c)
The administrator of the home shall thereafter keep such personal property for twelve (12) months following the date of such notice or notices, at the expiration of which time, if it has not been claimed, the administrator shall sell or otherwise dispose of the property, with the approval of the state veterans' home foundation, incorporated, and deposit the proceeds from such sale or disposition in a fund, maintained under the supervision of the administrator for the purpose of providing needy patients or residents in the institution with comforts and necessities they are unable to provide for themselves.
(d)
If, after diligent search and inquiry, the name of none of the persons required to be notified in subsection (b) can be ascertained so that the required notice cannot be given, or the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner, any property owned and left by any deceased resident in the home shall be kept for twelve (12) months after the death of the resident and if unclaimed, be disposed of as provided in subsection (c).
(e)
When any resident otherwise leaves the home, and leaves any personal property in the home, the administrator shall promptly notify such former resident by registered mail addressed to the resident's last known address of the fact that property belonging to the resident has been left at the home. Such property shall be kept for twelve (12) months from the date of the notice and if not claimed at the expiration of that time, disposed of as provided in subsection (c).
Acts 1993, ch. 302, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-101 - Short title

This chapter shall be known and may be cited as the "Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004."
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-103 - Governance - Agreements to provide aid and assistance - Service and operational agreements - Purpose - Construction with other laws

(a)
On and after July 1, 2004, the provision and receipt of mutual aid and assistance by participating governmental entities shall be governed by this chapter, and no separate agreement is necessary except with regard to aid or assistance provided to entities in other states, aid or assistance provided between nongovernmental utilities and governmental entities, and governmental entities that decide to provide aid and assistance under a separate agreement. Governmental entities may choose by resolution of their governing bodies to continue agreements existing on July 1, 2004, until they expire or are terminated in accordance with their terms. Governmental entities may also by resolution extend existing agreements or make new agreements relative to mutual aid and assistance after July 1, 2004. When there is an agreement between or among governmental entities, the provisions of that agreement and applicable authorizing law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party governing mutual aid or assistance, this chapter applies to both parties.
(b)
It is not the intent of this chapter to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under §§
5-1-113
,
5-1-114
,
5-16-107
,
5-19-106
,
6-54-307
,
6-54-601
, title 12, chapter 9, title 49, chapter 2, part 13, or other applicable law.
(c)
The purposes of this chapter are to authorize mutual aid during any occurrence and to enhance public safety and homeland security by facilitating assistance among governmental entities in any state of emergency or declared disaster while conforming to federal guidelines relative to reimbursement of costs for assistance rendered.
(d)
Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law.
Amended by 2024 Tenn. Acts, ch. 641,s 3, eff. 4/4/2024.
Acts 2004, ch. 743, §1; 2009 , ch. 388, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-104 - Declaration of local state of emergency - Cost reimbursement - Evacuation orders

(a)
The mayor of a municipality or the mayor or county executive of a county or metropolitan government may declare a local state of emergency affecting such official's jurisdiction by executive order consistent with and governed by §
58-2-110(3)(A)(v)
.
(b)
The mayor or executive of any municipality or county, or such official's designee, may declare a state of emergency for such official's municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions.
(c)
The declaration of a state of emergency by a jurisdiction entitles the responding party or parties to cost reimbursement as provided in §
58-8-111
. The requesting party is required to make this reimbursement to the responding party or parties.
(d)
The municipal mayor or county mayor or executive may declare the state of emergency at any time during the imminent pendency or happening of the occurrence.
(e)
If a county mayor or the executive of a county declares a local state of emergency in accordance with subsection (a), the county mayor or the executive of the county may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire unincorporated area of the county or any portion thereof.
(f)
If a mayor or the executive of a municipality or metropolitan government declares a local state of emergency in accordance with subsection (a), the mayor or the executive of the municipality or metropolitan government may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire incorporated area of the municipality or metropolitan government, or any portion thereof.
(g)
A person who willfully violates an order issued under subsection (e) or (f) commits a Class C misdemeanor.
Amended by 2018 Tenn. Acts, ch. 868,s 1, eff. 5/3/2018.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-105 - Request for aid and assistance - Confirmation - Request for mutual aid for emergency medical services

(a)
When a governmental entity is affected by an occurrence that its resources will not be adequate to handle, the governmental entity may request aid through the appropriate emergency management employee or official, or a county or municipality may declare a local state of emergency as provided in §
58-8-104
and request assistance by communicating the request to a potential responding party or multiple potential responding parties. Requests for aid or for assistance must be made by the appropriate official or employee to the emergency communications dispatch center of potential responding parties or other officials authorized by the potentially responding party to respond to requests under this chapter.
(b)
Each request for aid or assistance may be made verbally and should, to the extent possible, include the following:
(1)
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.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-106 - Sending personnel and equipment outside jurisdiction

Any participating governmental entity may, upon receiving a request for mutual aid in an occurrence or for assistance from a requesting party in a municipal, county, state, or federal state of emergency, send its personnel and equipment outside its boundaries and into any other jurisdiction necessary to respond to the request.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-107 - Discretion of participating entities to respond - Withdrawal of aid or assistance - Mutual aid for emergency medical services

(a)
This chapter does not create a duty on participating governmental entities to respond to a request for aid or assistance nor to stay at the scene of an occurrence or emergency for any length of time. Upon receipt of a request for aid or assistance, a potential responding party shall determine whether and to what extent it will provide the aid or assistance. If the potential responding party determines in its complete discretion that it is not in its best interest to provide aid or assistance, it shall notify the requesting party of its decision as soon as possible. If the potential responding party determines that aid or assistance can be provided, it shall communicate the following information to the requesting party as soon as possible:
(1)
A description of what personnel, equipment, and other resources it will provide;
(2)
An estimate of the length of time aid or assistance will be available; and
(3)
An estimated time of arrival at the scene or designated meeting place.
(b)
The responding party may withdraw aid or assistance at any time. The responding party shall notify the requesting party as soon as possible of any decision to withdraw aid or assistance.
(c)
The provisions of this section that require certain actions are directory rather than mandatory and do not create a public or special duty on the part of any participating governmental entity.
(d)
In addition to any agreement for mutual aid made under title 5 or title 12, a governmental entity is authorized to respond to a request for mutual aid for emergency medical services under §
58-8-105(e)
from a county that is contiguous to the requesting county or governmental entity for occurrences that involve serious injuries or possible loss of life in instances that might not reasonably lead to a declared emergency. A county is authorized to enter into a mutual aid agreement under title 12 to permit routine and automatic approval of and response to such requests.
Acts 2004, ch. 743, §1; 2012 , ch. 906, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-108 - Command of the scene - Delegation of command

The representative or representatives of the requesting party authorized to be in charge of emergency response at the scene shall be in command at the scene as to strategy, tactics, and overall direction of the operations. The requesting party may delegate command as needed. Generally accepted incident command procedures shall be implemented and followed. The responding party shall designate supervisory personnel for its employees sent to render aid or assistance. All orders or directions regarding the operations of the responding party shall be relayed to the responding party through these designated supervisory personnel unless a different arrangement is determined by the parties in the field to be more advantageous.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-109 - Scope of authority - Workers' compensation coverage - Liability

(a)
When employees of the responding party are sent from the employing jurisdiction to another jurisdiction or jurisdictions in response to a request for aid or assistance under this chapter, they have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they normally function.
(b)
Employees of the responding party will be considered as the responding party's employees at all times while performing their duties under this chapter for purposes of the workers' compensation law and for that purpose will be considered as acting within the course and scope of their employment with the responding party.
(c)
Under §
29-20-107(f)
, for liability purposes only, employees of the responding party are to be considered employees of the requesting party while performing their duties under this chapter at the scene of the occurrence or emergency or other locations necessary for the response while under the supervision of the requesting party. At all other times in the response, including traveling to the scene and returning to the employing jurisdiction, such employees are to be considered for liability purposes to be employees of the responding party.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-110 - Immunity

Nothing in this chapter shall be construed to remove any immunity from, defenses to, or limitation on liability provided by the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, or other law.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-112 - Existing mutual aid agreements

Governmental entities that are parties to existing mutual aid agreements may by resolution of their governing bodies determine to continue to operate under those agreements until they expire or are terminated. If a governmental entity does not affirm the continued existence of the agreement, it shall expire on July 1, 2004, and this chapter applies. If the governmental entity affirms an agreement, the terms of the agreement and applicable authorizing law will continue to govern activities under the agreement. Mutual aid agreements between Tennessee governmental entities and governmental entities in other states are not affected by this chapter and continue to be authorized and governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law. Except for the continuation of existing agreements as provided in this section, any new agreements made after July 1, 2004, and aid or assistance provided at the request of TEMA under §
58-2-113
, this chapter is the exclusive method for providing mutual aid and emergency assistance between governmental entities.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-113 - Authority to provide aid or assistance in any area of the state

In addition to any other authority provided by this chapter, any governmental entity may provide aid or assistance in any area of the state to any state or federal agency upon request by the state or federal agency, and the governmental entity and its employees will be subject to the same protections and immunities they have under this chapter in furnishing aid or assistance to other governmental entities. This section and any other portion of this chapter are in addition to and not in substitution for, and do not diminish, the authority provided in §
58-2-113
or any other law that authorizes a local governmental entity to respond to a request for aid or assistance from TEMA or any other state or federal agency. Nothing in this chapter shall be construed to require that employees of the responding party are to be considered employees of the state or any of its agencies for any purpose.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-114 - Recognition and enforcement of laws regarding tort liability

When any other state provides that it will recognize and enforce the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, and other Tennessee laws governing the tort liability of Tennessee's governmental entities and their employees in any case brought in that state's courts against the governmental entity or its employees arising from aid or assistance provided by a Tennessee governmental entity in that state, Tennessee shall recognize and enforce that state's laws relative to the tort liability of its political subdivisions and their employees and agents in any case brought in a Tennessee court against the political subdivision or its employees and agents arising from aid or assistance provided by the political subdivision of that state in Tennessee.
Acts 2004, ch. 743, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 8 - MUTUAL AID AND EMERGENCY AND DISASTER ASSISTANCE AGREEMENT ACT OF 2004 (§§ 58-8-101 — 58-8-115) › Section 58-8-115 - Reimbursement of eligible costs to governmental utility system

(a)
Notwithstanding §
58-8-111(b)
, a governmental utility system that is a responding party is eligible for reimbursement and entitled to one hundred percent (100%) reimbursement of eligible costs after the state of emergency is declared.
(b)
For purposes of a governmental utility system that is a responding party, "then-prevailing wages, including benefits and overtime" in §
58-8-111(c)
means the present wage structure, including benefits and overtime, of the governmental utility system that is a responding party.
(c)
For purposes of this section, "governmental utility system" means a governmental entity that provides electric, gas, sewer, water, wastewater, telephone, cable or other like service, or any combination of these services, and is limited to these operations of the governmental entity and does not extend to other operations or functions of the governmental entity.
(d)
Notwithstanding §
58-8-111
, governmental utility systems and nongovernmental utilities that enter into mutual assistance agreements for the purposes of providing aid or assistance to one another are eligible for reimbursement of all out-of-pocket costs incurred by the responding party.
Acts 2004, ch. 743, §1; 2009 , ch. 388, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 9 - WEST TENNESSEE SEISMIC SAFETY COMMISSION (§§ 58-9-101 — 58-9-105) › Section 58-9-101 - Creation of commission - Composition - Quorum - Terms of office - Compensation - Information and services from the center for earthquake research and information

(a)
There is created the west Tennessee seismic safety commission, which shall be attached administratively to the University of Memphis.
(b)
The commission shall consist of twelve (12) members, to be appointed as follows: two (2) members chosen by the speaker of the house of representatives, two (2) members chosen by the speaker of the senate and eight (8) members appointed by the governor. The members shall include persons who represent the following professional areas: architecture, fire protection, public utilities, engineering, geology or seismology, local government, insurance, business, emergency health services, nonprofit emergency assistance, local education and emergency management.
(c)
The commission shall annually elect a chair and vice chair from its membership. A quorum shall consist of seven (7) members. All commission members shall be residents of the state and shall have reasonable knowledge of issues relating to earthquakes.
(d)
The term of office for each member of the commission shall be four (4) years, except that of the initial appointments, six (6) members shall be appointed for terms of two (2) years and six (6) members shall be appointed for terms of four (4) years. Any member may be removed from office by the governor for cause. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment for the unexpired term.
(e)
Each member of the commission shall serve without compensation, but shall receive compensation for travel expenses. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(f)
The center for earthquake research and information, created by §
49-8-602
, is authorized and directed to provide any information or services requested by the commission.
Acts 2006, ch. 905, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 9 - WEST TENNESSEE SEISMIC SAFETY COMMISSION (§§ 58-9-101 — 58-9-105) › Section 58-9-102 - Authority of commission

The commission shall have the authority to:
(1)
Accept grants, contributions and appropriations from public agencies, private foundations or individuals;
(2)
Appoint committees from its membership, appoint advisory committees from interested public and private groups, and appoint ex officio members, to advise the commission, who shall not be entitled to vote;
(3)
Contract for or employ, subject to appropriations made for that purpose, any professional and research services required by the commission or required for the performance of necessary work and services that, in the commission's opinion, cannot satisfactorily be performed by its officers and employees or by other federal, state or local governmental agencies;
(4)
Enter into agreements to act cooperatively with private nonprofit scientific, educational or professional associations or foundations engaged in promoting seismic safety in Tennessee; and
(5)
Do any and all other things necessary to carry out the purposes of this chapter.
Acts 2006, ch. 905, § 3.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 9 - WEST TENNESSEE SEISMIC SAFETY COMMISSION (§§ 58-9-101 — 58-9-105) › Section 58-9-103 - Comprehensive program to prepare for responding to a major earthquake

The commission shall initiate, with the assistance and participation of other state, federal and local government agencies, a comprehensive program to prepare the state for responding to a major earthquake. The program shall be implemented in order to create specific tools or products to be used by governments in responding to an earthquake, such as educational materials for citizens. This program may be implemented on a prototypical basis in one (1) area of the state affected by earthquake predictions; provided, that the program is useful for application in other areas of the state upon its completion.
Acts 2006, ch. 905, § 4.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 9 - WEST TENNESSEE SEISMIC SAFETY COMMISSION (§§ 58-9-101 — 58-9-105) › Section 58-9-104 - Commission responsibilities

The commission is responsible for all of the following in connection with earthquake hazard mitigation:
(1)
Setting goals and priorities in the public and private sectors;
(2)
Requesting appropriate state agencies, including the emergency management agency, to devise criteria to promote earthquake and disaster safety;
(3)
Recommending program changes to state agencies, local agencies and the private sector where the changes would improve earthquake hazards and reduction;
(4)
Reviewing the recovery and reconstruction efforts after damaging earthquakes;
(5)
Gathering, analyzing and disseminating information;
(6)
Encouraging research;
(7)
Helping to coordinate the earthquake safety activities of government at all levels; and
(8)
Establishing and maintaining necessary working relationships with any boards, commissions, departments and agencies or other public or private organizations.
Acts 2006, ch. 905, § 5.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 9 - WEST TENNESSEE SEISMIC SAFETY COMMISSION (§§ 58-9-101 — 58-9-105) › Section 58-9-105 - Implementation

To implement its responsibilities, the commission may:
(1)
Review state budgets and review grant proposals, other than those grant proposals submitted by institutions of postsecondary education to the federal government, for earthquake-related activities and to advise the governor and the general assembly thereon;
(2)
Review programs relating to earthquake safety and advise the governor and the general assembly concerning earthquake hazard mitigation proposals; and
(3)
Recommend the addition, deletion or changing of state and local agency standards when, in the commission's view, the existing situation creates undue hazards or when new developments would promote earthquake hazard mitigation.
Acts 2006, ch. 905, § 6.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 1 - CHIEF AND DISTRICT MINE INSPECTORS (§§ 59-1-101 — 59-1-105) › Section 59-1-101 - Owners and operators to make annual statistical reports - Inspection of books

(a)
Every owner or operator engaged in mining, quarrying, or production of coal, cobalt, copper, fluorspar, gold, iron ores, lead, zinc, manganese, natural and other gas, petroleum, phosphate rock, platinum, silver, marble and other stone, gypsum, ocher, pyrites, clay products, slate or other minerals, or engaged in the manufacture of coke, coal tar, gas, pig iron, ammonium sulphate, gas coke, Portland and other natural cements and all other by-products of any other mineral produced in this state, shall on or before February 15 of each year make out and send to the department of labor and workforce development on a form prescribed by the division a detailed annual report giving statistics and information concerning the output of mines or plants or other business, the tonnage or man hours for mines that do not measure tons mined, number of employees, and the estimated number of days worked.
(b)
It is a Class C misdemeanor for any person to fail or refuse to furnish the department any and all information called for in the annual report as above provided for each day of delay, any fine to go to this state. It is the duty of the commissioner of labor and workforce development or the commissioner's designated representative to report such failure to the district attorney general of the district where the mine, quarry, plant, or other work is situated; and in the event of the failure to furnish such information, it shall be the duty of the commissioner or the commissioner's designated representative to call upon such persons and inspect such books and records as will give the information above provided for; and such person shall be required to permit examination of all necessary books or records.
Acts 1915, ch. 169, § 7; Shan., § 3079a78; Code 1932, §5562; modified; T.C.A. (orig. ed.), § 58-113; Acts 1985, ch. 288, §§ 43-47; 1989, ch. 591, § 113; 1999, ch. 520, §43; 2016 , ch. 599, § 7; 2017 , ch. 356, § 1; T.C.A. §
59-1-113
.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 1 - CHIEF AND DISTRICT MINE INSPECTORS (§§ 59-1-101 — 59-1-105) › Section 59-1-102 - False statements in statistical reports - Penalty

(a)
It is unlawful for any person required to furnish statistical reports to any state department to knowingly and willfully make a false statement in any detail of such reports.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1953, ch. 86, §§ 94, 95 (Williams, §§ 5638.94, 5638.95); T.C.A. (orig. ed.), § 58-114; Acts 1989, ch. 591, § 113; T.C.A. §
59-1-114
.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 1 - CHIEF AND DISTRICT MINE INSPECTORS (§§ 59-1-101 — 59-1-105) › Section 59-1-103 - Annual license required for mine operation - Posting

(a)
The owner or operator of each mine shall procure from the department of labor and workforce development a license to operate a mine, and the license shall not be transferable. Any person who assumes control of a mine, opens a new mine, or reopens an abandoned mine shall procure a license to operate the mine before mining operations are begun. All licenses are valid for one (1) year from the date of issuance and shall be renewed annually.
(b)
The license shall be in such printed form as the department of labor and workforce development may prescribe and when issued shall be kept posted at a conspicuous place near the main entrance of the mine.
Acts 1955, ch. 238, § 3; T.C.A., § 58-115; Acts 1985, ch. 288, § 2; 1986, ch. 557, §1; 1999, ch. 520, §43; 2016 , ch. 599, § 7; T.C.A. §
59-1-115
.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 1 - CHIEF AND DISTRICT MINE INSPECTORS (§§ 59-1-101 — 59-1-105) › Section 59-1-104 - License - Fee

(a)
Requests for such license shall be made to the department of labor and workforce development, giving name and address and such requests shall be accompanied by a post office money order or cashier's or certified check drawn in favor of the state treasurer in the amount of two hundred fifty dollars ($250) for each surface coal or metal mine and five hundred dollars ($500) for each underground coal or metal mine. All funds derived from this section shall be expendable receipts of the department, shall be in addition to the appropriations made to the department by the general assembly, and shall not revert to the general fund at the end of a fiscal year or biennium.
(b)
Notwithstanding subsection (a), the commissioner of labor and workforce development shall increase the amount of the license fees charged under this section to the extent necessary to offset the reduction of the department's appropriation for mine licensing operations under the general appropriations act for fiscal year 2000-2001.
Acts 1955, ch. 238, § 3; 1957, ch. 253, §§ 1, 2; 1972, ch. 458, §1; 1979, ch. 368, § 7; T.C.A., § 58-116; Acts 1985, ch. 288, §§ 3, 4; 1999, ch. 520, § 43; 2000, ch. 983, § 3; 2005, ch. 407, §3; 2016 , ch. 599, § 7; T.C.A. §
59-1-116
.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 1 - CHIEF AND DISTRICT MINE INSPECTORS (§§ 59-1-101 — 59-1-105) › Section 59-1-105 - Failure to obtain license

Any owner or operator operating a mine and who fails to obtain a license as required by §§
59-1-103
and
59-1-104
shall forfeit the right to operate a mine in this state, and the commissioner of labor and workforce development or the commissioner's designated agent shall have the authority to close the mine until the license is obtained as provided for by those sections.
Acts 1955, ch. 238, § 3; T.C.A., § 58-117; Acts 1985, ch. 288, § 5; 1999, ch. 520, § 43; T.C.A. §
59-1-117
.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 1 - EXAMINATIONS (§ 59-4-101) › Section 59-4-101 - Position of mine foreman - Examinations for applicants

The commissioner of labor and workforce development or the commissioner's representative is hereby authorized to develop, conduct, and administer an examination for applicants for certificates of qualification for the position of mine foreman and to ascertain the qualifications of such applicants.
Acts 1915, ch. 169, § 13; Shan., § 3079a99; Code 1932, § 5582; Acts 1949, ch. 190, § 5; mod. C. Supp. 1950, § 5582; Acts 1953, ch. 86, § 22 (Williams, §§ 5582, 5638.22); Acts 1959, ch. 9, § 15; T.C.A. (orig. ed.), § 58-401; Acts 1985, ch. 288, § 19; 1992, ch. 574, § 2; 1999, ch. 520, § 43.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-201 - Evidence of qualifications - Fees - Temporary permits

(a)
(1)
Before the issuance of certificates to any applicant, the applicant must give satisfactory evidence to the commissioner of labor and workforce development or the commissioner's authorized representative of the applicant's good conduct, honesty, capability, and sobriety, and shall pay the commissioner or the commissioner's authorized representative for the use and benefit of the state the following fees:
(A)
For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and
(B)
For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued.
(2)
All fees collected by virtue of this section shall be reported and paid into the state treasury at the end of the month during which the collections are made by the commissioner or the commissioner's authorized representative, to be placed to the credit of the department of labor and workforce development.
(b)
The commissioner or the commissioner's designee may examine any applicant for a temporary certificate of qualifications, upon request, and if such applicant is found to be competent, the applicant may be issued a temporary permit to act as mine foreman thereunder until the next mine foreman examination is held, when the temporary permit shall expire. Only one (1) such temporary permit shall be issued to any applicant. As a condition for the issuance of a temporary permit, the commissioner or the commissioner's authorized representative is authorized to examine applicants to determine if they are qualified to test for methane with an approved detector.
Acts 1915, ch. 169, § 14; Shan., § 3079a106; mod. Code 1932, § 5589; Acts 1953, ch. 86, § 29 (Williams, §§ 5589, 5638.29); Acts 1955, ch. 238, § 6; 1971, ch. 38, § 1; 1972, ch. 458, § 2; T.C.A. (orig. ed.), § 58-404; Acts 1985, ch. 288, §§ 23-25; 1992, ch. 574, §§ 4, 5; 1999, ch. 520, § 43; 2000, ch. 810, § 1.