reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-108 - Designation of emergency services coordinators - Responsibilities of ESC

(a)
At the direction of the governor, the head of each executive department and independent agency must select from within such department or agency a person or persons to be designated as the ESC or ESCs for the department or agency, in addition to one (1) or more alternate ESCs. TEMA must define in the TEMP the number of ESCs needed for each executive department and independent agency to coordinate an effective response to the various types of emergencies and disasters, subject to periodic review and revision as required by §
58-2-106(b)(13)
.
(b)
An ESC is responsible for coordinating with and reporting to TEMA on emergency preparedness issues, preparing and maintaining emergency preparedness and post-disaster response and recovery plans for the ESC's department or agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for department or agency personnel. An ESC must also attend mandatory training, as determined by the director of TEMA or the director's designee.
(c)
An ESC is responsible for ensuring that the ESC's department or agency prepares and maintains a continuity of operations plan that is reviewed by TEMA.
(d)
The head of each department or agency must notify TEMA, in writing, of the person or persons designated as ESCs or alternate ESCs and any changes in the designations.
(e)
Each department or agency is responsible for providing the necessary equipment to its ESCs and alternate ESCs, as prescribed by TEMA, for the performance of the duties of the ESCs and alternate ESCs.
(f)
TEMA, in consultation with the department of human resources, must develop a mechanism to provide for a salary supplement for the ESCs, subject to available funding. TEMA may withhold this salary supplement based on noncompliance with mandatory training as required in subsection (b). Payment of the salary supplement must be made commensurate with performance of ESC duties, completion of required training, attendance at required workshops, exercises, and meetings, and other factors as deemed appropriate by the director of TEMA working in conjunction with the department of human resources to annually determine the metrics for the salary supplement.
Amended by 2022 Tenn. Acts, ch. 787, s 1, eff. 4/8/2022.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-109 - Financing - Acceptance of gifts

(a)
It is the intent of the general assembly and declared to be the policy of this state that funds to prepare for and meet emergencies shall always be available.
(b)
It is the intent of the general assembly that the first recourse shall be to annually fund a state emergency management agency. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the governor may, as otherwise provided by law, make funds available by transferring and expending moneys appropriated for other purposes or out of any unappropriated surplus funds.
(c)
Nothing contained in this section shall be construed to limit the authority of the governor to apply for, administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation, preparedness, response, or recovery.
(d)
Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, loan or other agreement for the purpose of emergency management, the state, acting through the agency, or such political subdivision, acting through its governing body or a local emergency management agency, may accept such offer. Upon such acceptance, the agency or the presiding officer of the governing body of the political subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such political subdivision, subject to the terms of the offer.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-111 - Possession of mobile telephone by person being housed in camp or shelter

Notwithstanding any law to the contrary, a person being housed in a camp or shelter organized or maintained by the federal or Tennessee emergency management agency or a local emergency management agency, or pursuant to an action taken by such agency, is authorized to possess a mobile telephone.
Added by 2019 Tenn. Acts, ch. 457,s 1, eff. 5/22/2019.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-113 - Emergency management support forces or mobile reserve unit

(a)
TEMA is authorized to provide, within or out of the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states, and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon order of TEMA and shall perform functions in any part of the state or, upon the conditions specified in this section, in other states.
(b)
Personnel of emergency management support forces while on duty, whether inside or outside of this state, shall:
(1)
If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment;
(2)
If they are employees of a political subdivision of the state, whether serving inside or outside of the political subdivision, have the powers, duties, rights, privileges, and immunities, and receive the compensation, incidental to their employment. The compensation shall be provided by and through the providing political subdivision; and
(3)
If they are not employees of the state or a political subdivision thereof, they shall be entitled to the same rights and immunities as are provided by law for the employees of this state and to such compensation as may be fixed by TEMA. All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses to the extent of funds available.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-114 - Government equipment, services, and facilities

In carrying out this chapter, the governor, the director of TEMA and the executive officers, or governing bodies of the political subdivisions of the state establishing local emergency management agencies, are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor or to the director and to the local emergency management agencies throughout the state upon request.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-115 - Compensation

(a)
Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered the claimant's services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.
(b)
Compensation owed for personal services shall be only such as may be fixed by TEMA.
(c)
Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the governor or a member of the emergency forces of this state.
(d)
Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim therefor with the agency in the form and manner that the agency provides.
(e)
Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and TEMA, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.
(f)
Nothing in this section applies to or authorizes compensation:
(1)
For the destruction or damaging of standing timber or other property in order to provide a firebreak;
(2)
For damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood; or
(3)
Beyond the extent of funds available for such compensation.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-116 - Emergency management

(a)
In addition to prevention measures included in the state and local comprehensive emergency management plans, the governor shall consider, on a continuing basis, steps that could be taken to mitigate the harmful consequences of emergencies. At the governor's direction, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of emergency mitigation-related matters. The governor, from time to time, shall make such recommendations to the general assembly, local governments, and other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of emergencies.
(b)
The appropriate state departments or agencies, in conjunction with TEMA, shall continually study the plans, uses and construction of structures and other facilities and identify areas which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence, manmade or natural. The studies under this subsection (b) shall concentrate on means of reducing or avoiding the dangers caused by these occurrences or the consequences thereof.
(c)
If TEMA believes, on the basis of the studies or other competent evidence, that:
(1)
An area is susceptible to an emergency of catastrophic proportions without adequate warning;
(2)
Existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the emergency; and
(3)
Changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, the agency shall specify the essential changes to the governor. If the governor, upon review of the recommendation, finds, after public hearing that changes are essential, the governor shall so recommend to the agencies or political subdivision with jurisdiction over the area and subject matter. If no action, or insufficient action, pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall so inform the general assembly and request legislative action appropriate to mitigate the impact of such an emergency.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-117 - Lease or loan of state property; transfer of state personnel

Notwithstanding any inconsistent provision of law:
(1)
Whenever the governor deems it to be in the public interest, the governor may:
(A)
Authorize any department or agency of the state to lease or lend, on such terms and conditions as it may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government, to the president of the United States, the heads of the armed forces of the United States, or the various federal emergency management agencies of the United States; and
(B)
Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state, on such terms and conditions as the governor may deem necessary to promote the public welfare and protect the interests of this state, of any real or personal property of the state government, or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state;
(2)
The governing body of each political subdivision of the state may:
(A)
Enter into such contract or lease with this state, accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed; and
(B)
Do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-118 - Orders and rules

(a)
Upon being authorized by the governor, TEMA, or other state department or agency, the political subdivisions of the state and other agencies designated or appointed by the governor, or in the TEMP, are authorized and empowered to make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of this chapter, but which are not inconsistent with any orders or rules adopted by an EMA or by any state agency exercising a power delegated to it by the governor or the agency.
(b)
In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this chapter and all orders and rules made pursuant to such sections shall be taken or made with due consideration of the orders, rules, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, actions, recommendations, and requests.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-119 - Enforcement

It is the duty of every EMA established pursuant to this chapter and the officers and personnel thereof, to execute and enforce such orders, rules and regulations as may be made by the governor under authority of this chapter. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the governor, or under the governor's authority.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-120 - Penalties

In the event of an emergency declared pursuant to this chapter, any person or representative thereof violating any order, rule or regulation promulgated pursuant to this chapter commits a Class A misdemeanor.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-121 - Liability

Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person's successor in interest, if any, shall not be liable for:
(1)
The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or
(2)
Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person's successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-122 - Liberality of construction

This part shall be construed liberally in order to effectuate the part's purposes.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-124 - Suspension letter - Contents

The Tennessee emergency management agency shall deliver a copy of any suspension letter to the member of the senate and the member of the house of representatives who represents such area, and to the principal officer of the local legislative body of the county and municipality, if applicable. Such notice shall contain the date of suspension, the amount of suspension, reasons for the suspension, and the length of suspension. For the purposes of this section, "suspension" includes the suspension of any federal funds or state funds that are related to the emergency management program. A suspension letter shall include a synopsis of the following:
(1)
Task forecast agreement;
(2)
Quarterly activity reports;
(3)
Plans;
(4)
Training;
(5)
Exercises;
(6)
Public awareness;
(7)
RADEF equipment checked;
(8)
Emergency and missions;
(9)
Administrative;
(10)
Mitigation programs;
(11)
Personnel and facilities; and
(12)
Effectiveness.
Acts 2000, ch. 686, § 3.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-125 - Acceptance of gifts

The governor, on behalf of the state, may accept a gift of funds from any person, firm, or corporation for the purpose of providing funding for emergency relief services. Gifted funds shall be deposited in the emergency and contingency fund. The emergency and contingency fund may be used for any purpose authorized by law to be allowed on executive order of the governor.
Acts 2006, ch. 942, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-126 - First responders from local emergency management agencies - Death benefit

(a)
As used in this section:
(1)
"First responders from local emergency management agencies" means emergency management agency personnel, including but not limited to, emergency managers who, as first responders:
(A)
Go directly to the scene of an emergency; or
(B)
Provide direct logistical support during the emergency and may go to and from a disaster or emergency area; and
(2)
"Local emergency management agency" means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision.
(b)
All local emergency management agency personnel are considered first responders from local emergency management agencies with all the rights, benefits, privileges, and protections available to them pursuant to state and local laws.
(c)
The estate of any first responder from a local emergency management agency who is killed in the line of duty is entitled to receive the sum of twenty-five thousand dollars ($25,000), with payment to be made from the general fund after receipt by the department of finance and administration of a certified death certificate and an affidavit from the decedent's employer that the decedent was killed in the line of duty.
Added by 2017 Tenn. Acts, ch. 408,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-128 - Development of plan for broadcasters to respond to emergency - Training program for emergency response broadcasters - Access to areas affected by emergency

(a)
A state organization representing the majority of broadcasters in this state, in cooperation with the state and local emergency management agencies, may develop plans for preparing for and responding appropriately to an emergency or disaster.
(b)
Any state organization that represents the majority of the state's broadcasters may establish a program for training and certifying broadcast engineers and technical personnel as emergency response broadcasters. Any such program established pursuant to this subsection (b) shall:
(1)
Be consistent with the federal law and guidelines;
(2)
Provide training and education concerning restoring, repairing, and resupplying any facilities and equipment of a broadcaster in an area affected by an emergency; and
(3)
Provide training and education concerning the personal safety of an emergency broadcaster in an area affected by an emergency.
(c)
To the extent practical and consistent with not endangering public safety or inhibiting recovery efforts, state and local officers and workers and government agencies shall allow emergency response broadcasters access to an area affected by an emergency for the purpose of restoring, repairing, or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce, and transmit essential public information programming, including, without limitation, repairing and maintaining transmitters and generators and transporting fuel for generators.
(d)
No emergency response broadcaster shall access an area affected by an emergency for the purpose of creating audio or video program content or transmitting information to the public.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 2 - FACILITATING BUSINESS RAPID RESPONSE TO STATE-DECLARED DISASTER ACT (§§ 58-2-201 — 58-2-205) › Section 58-2-201 - Short title

This part shall be known and may be cited as the "Facilitating Business Rapid Response to State-Declared Disaster Act."
Acts 2019, ch. 378, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 2 - FACILITATING BUSINESS RAPID RESPONSE TO STATE-DECLARED DISASTER ACT (§§ 58-2-201 — 58-2-205) › Section 58-2-202 - Part definitions

As used in this part:
(1)
"Critical infrastructure" means real and personal property and equipment, including, but not limited to, buildings, offices, lines, poles, pipes, structures, and equipment that:
(A)
Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities; and
(B)
Services multiple customers or citizens;
(2)
"Disaster" has the same meaning as defined in §
58-2-101
;
(3)
"Disaster or emergency related work" means:
(A)
Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency; and
(B)
Any activities conducted in good faith before a potential disaster or emergency to prepare for the provision of the work described in subdivision (3)(A);
(4)
"Disaster response period" means the period that begins ten (10) days before the date of the earliest event establishing a disaster or emergency and that ends one hundred twenty (120) days thereafter, or such later date as may be set by the governor or president of the United States;
(5)
"Emergency" has the same meaning as defined in §
58-2-101
;
(6)
"Licensed business" means a business entity that is currently licensed to do business in this state;
(7)
"Responding out-of-state business" means a business entity that, except for work related to a disaster or emergency, has no presence in this state, conducts no business in this state, and whose services are requested by a licensed business or by this state or a local government for purposes of performing disaster or emergency related work in this state, including, but not limited to, a business entity that is affiliated with a licensed business solely through common ownership and otherwise meets this definition of a responding out-of-state business; and
(8)
"Responding out-of-state employee" means an employee of a responding out-of-state business or licensed business who does not work in this state, except for disaster or emergency related work.
Acts 2019, ch. 378, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 2 - FACILITATING BUSINESS RAPID RESPONSE TO STATE-DECLARED DISASTER ACT (§§ 58-2-201 — 58-2-205) › Section 58-2-203 - Payment of taxes and fees by responding out-of-state businesses and employees - Jurisdiction

(a)
Notwithstanding any law to the contrary, responding out-of-state businesses and responding out-of-state employees shall pay the following transaction taxes and fees, when the tax or fee is determined, collected, remitted, and reported by others duly registered and required to collect such taxes and fees:
(1)
Fuel excise taxes imposed under title 67, chapter 3;
(2)
State and local sales and use taxes imposed under title 67, chapter 6;
(3)
Local hotel occupancy taxes imposed under title 67, chapter 4, part 14;
(4)
Taxes imposed on the purchase or consumption of alcoholic beverages and beer under title 57; and
(5)
Any other transaction tax or fee assessed, collected, or imposed on specific transactions or activities in the usual course of business without imposing any obligation on a responding out-of-state business or responding out-of-state employee to register, file a return, or otherwise self-report and remit the tax or fee due.
(b)
Notwithstanding any law to the contrary, tangible personal property of a responding out-of-state business, upon being installed or affixed to real property within this state, sold or transferred to in-state persons, or otherwise coming to rest and acquiring situs within this state, is subject to use tax, ad valorem tax, and any other tax imposed directly or indirectly on such property.
(c)
This part does not limit or otherwise alter or amend the power of a court to exercise personal or in rem jurisdiction over responding out-of-state businesses, responding out-of-state employees, or their property; provided, that such jurisdiction must not be used as a basis to impose a tax, fee, or other obligation contrary to this part.
(d)
This part does not confer immunity from criminal prosecution in a court of this state.
Acts 2019, ch. 378, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 2 - FACILITATING BUSINESS RAPID RESPONSE TO STATE-DECLARED DISASTER ACT (§§ 58-2-201 — 58-2-205) › Section 58-2-205 - Effect of remaining in state after disaster response period

After a disaster response period, if a responding out-of-state business or a responding out-of-state employee remains in this state:
(1)
Such business or individual loses the protections of this part; and
(2)
For purposes of computing franchise and excise tax imposed by title 67, chapter 4, parts 20 and 21, and the business tax imposed by title 67, chapter 4, part 7, the computation must include in the tax base net or gross income or receipts from activities transacted during the disaster response period.
Acts 2019, ch. 378, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 3 - BUSINESS FAIRNESS ACT (§§ 58-2-301 — 58-2-302) › Section 58-2-301 - Short title

This part is known and may be cited as the "Business Fairness Act."
Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 3 - BUSINESS FAIRNESS ACT (§§ 58-2-301 — 58-2-302) › Section 58-2-302 - Continuation or resumption of business during state of emergency

During the existence of a state of emergency declared pursuant to this chapter, a business entity may continue or resume its business if the business entity complies with safety precautions and guidelines issued by the governor, state department or agency, or a county or municipal governing body or agency acting in accordance with this chapter, or any executive order, proclamation, or rule issued pursuant to this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
Added by 2021 Tenn. Acts, ch. 155, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 4 - CIVIL DEFENSE COMPACTS (§§ 58-2-401 — 58-2-403) › Section 58-2-401 - Authority for compact

The governor is hereby authorized in the name of the state of Tennessee to enter into civil defense and disaster compacts with the several states, and to enter into an emergency management assistance compact by and between participating states, in order to provide mutual aid among the contracting states in meeting any emergency or disaster from enemy attack, sabotage or other hostile action.
Acts 1951, ch. 160, § 1 (Williams, § 5755.56); T.C.A. (orig. ed.), § 7-701; Acts 1995, ch. 247, § 1; 2010, ch. 745, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 5 - EMERGENCY SEVERE WEATHER INFORMATION (§ 58-2-501) › Section 58-2-501 - Emergency severe weather information system

(a)
This part shall be known and cited as the "Tennessee Emergency Severe Weather Information Act."
(b)
The director of the Tennessee emergency management agency may make agreements with the national oceanic and atmospheric administration of the United States department of commerce for the purpose of creating, developing and maintaining a statewide weather radio system for the communication of weather warnings and emergency information to the citizens of Tennessee.
(c)
It is the intent of the general assembly that the extent of such agreements and the cost of implementing and operating such weather radio system shall be within the appropriations of the general assembly for such purpose.
Acts 1977, ch. 157, §§ 1, 2; T.C.A., §§ 7-634, 7-6-201, 58-2-201; Acts 2000, ch. 946, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 6 - ACCIDENTS INVOLVING HAZARDOUS MATERIALS (§§ 58-2-601 — 58-2-604) › Section 58-2-601 - Report to the Tennessee emergency management agency of accidents involving hazardous materials

Notwithstanding any law to the contrary, in addition to any reports required by law, any person who is transporting hazardous materials and placarded as carrying such materials as required by regulations of the department of safety and/or department of transportation shall report any accident or incident in which such materials are released from the container in which such materials are being transported to the Tennessee emergency management agency as soon as practicable after such accident or incident. Any other person having knowledge of such accident or incident shall also report such accident or incident to the Tennessee emergency management agency.
Acts 1979, ch. 188, § 1; T.C.A., § 7-6-301; Acts 1995, ch. 305, § 117; T.C.A., §
58-2-301
; Acts 2000, ch. 946, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 6 - ACCIDENTS INVOLVING HAZARDOUS MATERIALS (§§ 58-2-601 — 58-2-604) › Section 58-2-602 - Notification of community officials

As soon as practicable after receiving any such accident or incident report, such agency shall notify the appropriate officials in the community in which such accident or incident occurred.
Acts 1979, ch. 188, § 2; T.C.A., § 7-6-302; §
58-2-302
; Acts 2000, ch. 946, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 6 - ACCIDENTS INVOLVING HAZARDOUS MATERIALS (§§ 58-2-601 — 58-2-604) › Section 58-2-603 - Records and reports of accidents maintained

The Tennessee emergency management agency shall maintain records of all such accident or incident reports, together with reports from other agencies of state and local governments which respond to such accident or incident.
Acts 1987, ch. 155, § 3; T.C.A., §
58-2-303
; 2000, ch. 946, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 6 - ACCIDENTS INVOLVING HAZARDOUS MATERIALS (§§ 58-2-601 — 58-2-604) › Section 58-2-604 - Removal or abatement of hazardous substances discharge

(a)
The county legislative body or the county emergency management agency (or other body authorized by the county legislative body) is authorized to take such steps as necessary to remove or abate any discharge of hazardous substances associated with a transportation incident or an emergency spill within the county, or to contract with a private entity for removal of the same; and, further, have the authority to recover costs from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action. This section does not apply to a person, as defined in §
68-212-104
, or a liable party, as defined in §
68-212-202
, operating under a permit or an order issued by the department of environment and conservation.
(b)
For the purposes of this section:
(1)
(A)
"Costs" means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under
40 CFR 300
, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response;
(B)
"Costs" also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and
(2)
"Hazardous substance" means any substance as defined in §
68-131-102
.
Acts 1992, ch. 950, §§ 1, 2; T.C.A., §
58-2-304
; Acts 2000, ch. 946, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-801 - Short title

This part shall be known and may be cited as the "Tennessee Uniform Emergency Volunteer Health Practitioners Act of 2007."
Acts 2007, ch. 579, § 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-803 - Application of part

This part shall apply to volunteer health practitioners registered with a registration system that meets the requirements of §
58-2-805
and who provide health services in this state for a host entity while an emergency declaration is in effect.
Acts 2007, ch. 579, § 4.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-804 - Limitations, restrictions and regulation - Immediate effect of orders - Requirements of host entities

(a)
While an emergency declaration is in effect, TEMA may limit, restrict, or otherwise regulate:
(1)
The duration and scope of practice by volunteer health practitioners;
(2)
The geographical areas in which volunteer health practitioners may practice;
(3)
The types of volunteer health practitioners who may practice; and
(4)
Any other matters necessary to coordinate effectively the provision of health services during the emergency.
(b)
An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment and is not a rule within the meaning of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
A host entity that uses volunteer health practitioners to provide health services in this state shall:
(1)
Consult and coordinate its activities with TEMA to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2)
Comply with any laws relating to the management of emergency health services.
Acts 2007, ch. 579, § 5.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-805 - Qualification as a volunteer health practitioner registration system

(a)
To qualify as a volunteer health practitioner registration system, a system must:
(1)
Accept applications for the registration of volunteer health practitioners before or during an emergency;
(2)
Include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
(3)
Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services are provided under this part; and
(4)
Meet one (1) of the following conditions:
(A)
Be an emergency system for advance registration of volunteer healthcare practitioners established by a state and funded through the health resources services administration under § 319I of the Public Health Services Act (
42 U.S.C. § 247d-7b
);
(B)
Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to § 2801 of the Public Health Services Act (
42 U.S.C. § 300hh
);
(C)
Be operated by a:
(i)
Disaster relief organization;
(ii)
Licensing board;
(iii)
National or regional association of licensing boards of health practitioners;
(iv)
Health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care, acute care and/or teaching hospital; or
(v)
Governmental entity; or
(D)
Be designated by TEMA as a registration system for purposes of this part.
(b)
While an emergency declaration is in effect, representatives of TEMA, a person authorized to act on behalf of TEMA, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c)
Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d)
A host entity is not required to use the services of a volunteer health practitioner, even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
Acts 2007 , ch. 579, § 6.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-806 - Practice of volunteer health practitioners in this state while emergency declaration in effect - Limitations on protections while practicing in state

(a)
While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with §
58-2-805
and licensed and in good standing in the state upon which the practitioner's registration is based, may practice and use the titles appropriate thereto in this state to the extent authorized by this part as if the practitioner were licensed in this state.
(b)
A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this part if the practitioner is licensed in more than one (1) state and any license of the practitioner is disciplinarily suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Acts 2007, ch. 579, § 7.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-807 - Effect on credentialing and privileging standards - Waiver or modification of standards

This part does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
Acts 2007, ch. 579, § 8.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-809 - Limitations on rights, privileges or immunities provided to volunteer health practitioners - Incorporation of volunteers into emergency forces

(a)
This part does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this part. Except as otherwise provided in subsection (b), this part does not affect requirements for the use of health practitioners pursuant to the emergency management assistance compacts.
(b)
TEMA, pursuant to the emergency management assistance compacts, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.
Acts 2007, ch. 579, § 10.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 8 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT OF 2007 (§§ 58-2-801 — 58-2-813) › Section 58-2-810 - Emergency rules

TEMA may promulgate emergency rules to implement this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In doing so, TEMA shall consult with the department and shall consult with and consider the recommendations of any other entity established to coordinate the implementation of the emergency management assistance compacts and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part and make the emergency response systems in the various states reasonably compatible.
Acts 2007, ch. 579, § 11; 2009, ch. 566, § 12.