58-1-101. Short title.

Parts 1, 2 and 4-6 of this chapter may be cited as the “Tennessee Military Code of 1970.”

Acts 1970, ch. 596, § 1; T.C.A., § 7-101.

Cross-References. Excused absence for deployment or return from deployment of parent or guardian in armed forces, § 49-6-3019.

Militia, title 58, ch. 1, part 3.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Law Reviews.

Suddenly Discharged the Combat Continues: Eliminating the Legal Services Gap to Ensure Veterans' Success After Leaving Military Service, 45 U. Mem. L. Rev. 837  (2015).

The Credibility Trap: Notes on a VA Evidentiary Standard, 45 U. Mem. L. Rev. 887  (2015).

58-1-102. Definitions.

In parts 1, 2 and 4-6 of this chapter, unless the context otherwise requires:

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

Acts 1970, ch. 596, § 2; 1978, ch. 830, § 1; T.C.A., § 7-102.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-103. Custom and usage of the armed forces of the United States — Regulations continued in effect.

1. All matters relating to the organization, discipline and government of the Tennessee national guard, not otherwise provided for in parts 1, 2 and 4-6 of this chapter, or by regulations issued pursuant thereto, shall be decided by the customs and usage of the appropriate force or forces of the armed forces of the United States.
2. All regulations in effect on March 2, 1970, and consistent with parts 1, 2 and 4-6 of this chapter, shall hereby continue in effect until such time as the same may be modified, rescinded, superseded, or otherwise changed by regulations issued pursuant to such sections.

Acts 1970, ch. 596, §§ 100, 101; T.C.A., § 7-103.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-104. Military forces — Division and composition.

1. The military forces of the state, in conformity with the Constitution of Tennessee, shall be divided into three (3) parts, as follows: the army, the navy and the militia.
2. The army shall be composed of an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Tennessee national guard; and the Tennessee state guard, whenever such a state force shall be duly organized, and its reserve.
3. The navy shall consist of such naval or sea forces as may be duly organized.
4. The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as hereinabove defined, and who may not otherwise be exempted by the laws of this state or the United States.

Acts 1970, ch. 596, § 3; T.C.A., § 7-104; Acts 1985, ch. 36, §§ 13, 14; 1998, ch. 584, § 1.

Cross-References. Air national guard, § 58-1-204.

Army national guard, § 58-1-203.

Defense force, title 58, ch. 1, part 4.

Militia, Tenn. Const., art. I, §§ 24, 25; art. VIII.

National guard, §§ 58-1-105 — 58-1-235.

Performance of military duty, Tenn. Const., art. I, § 28; art. IV, § 1.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Transfer of militia to national guard after call to active service, § 58-1-305.

Attorney General Opinions. When activated by the governor to active state duty and operating in the course of that duty, the Tennessee state guard constitutes an arm of the state and enjoys the sovereign immunity of the state of Tennessee; thus, if monthly drills and training opportunities are in the course of active duty, the state guard, under the order, control and supervision of the governor, is immune from suit, OAG 02-011 (1/10/02).

58-1-105. Commander-in-chief of military forces — Powers — Regulations.

The governor shall be the commander-in-chief of the military forces, except when they shall have been called into the service of the United States, and is authorized and empowered:

1. To issue all such orders, rules and regulations as may be necessary to provide for the organization, government, discipline, maintenance, training, and equipment of the national guard. All such orders, rules and regulations issued by the governor shall have the force and effect of law, but they shall conform to the laws and regulations of the United States relating to the organization, discipline and training of the national guard, to parts 1, 2 and 4-6 of this chapter and as nearly as practicable to the laws and regulations governing the United States army and the United States air force;
2. Upon the duly and legally constituted call of the president of the United States, to call into service all or any portion of the military forces of the state;
3. To appoint, commission and determine the grade of all officers and to select all warrant officers;
4. To determine and fix the home station and location of the various units of the national guard;
5. To provide such buildings, facilities and grounds as may be necessary to conduct the various activities of the branches and units of the national guard;
6. To have, exercise and enjoy such other, further and general powers with respect to the military forces, as may be necessary to execute parts 1, 2 and 4-6 of this chapter or any other statute, or any constitutional provision affecting the military forces, as such statutes and constitution may now exist, or with any amendments thereto or changes therein; and
7. To issue rules, regulations and guidelines specifying the manner, conditions and time period in which a military unit may engage in voluntary aid or assistance.

Acts 1970, ch. 596, § 4; 1978, ch. 830, § 2; T.C.A., § 7-105.

Cross-References. Appointment and promotion of national guard officers, §§ 58-1-209 — 58-1-213.

Appointment of state guard officers, § 58-1-405.

Devolution of duties on adjutant general, § 58-1-116.

Extension of periods of service, § 58-1-221.

Governor to be commander-in-chief, Tenn. Const., art. III, § 5.

Militia line officers, election by ballot, § 58-1-303.

Powers over militia, title 58, ch. 1, part 3.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Supervision of state guard, § 58-1-405.

Transfer of militia to national guard, § 58-1-305.

58-1-106. Active state duty — Compensation — Reimbursement by city or county.

1. The governor shall have the power, in case of invasion, disaster, insurrection, riot, attack, or combination to oppose the enforcement of the law by force and violence, or imminent danger thereof, or other grave emergency, to order into the active service of the state, for such period, to such extent and in such manner as the governor may deem necessary, all or any part of the national guard or the Tennessee state guard, but, in accordance with the constitution, may not call the militia into service except in case of rebellion or invasion, and then only when the general assembly shall declare by law that the public safety requires it.
2. Whenever members of the military forces are called into active service of the state, they shall serve for such period as the governor may direct, not to exceed the duration of the emergency for which they may be called. The compensation of all members while on duty or assembled pursuant to subsection (a) shall be paid in the manner and in the amounts prescribed by § 58-1-109 for the national guard and § 58-1-411 for the Tennessee state guard.
3. As an alternative and cumulative procedure, upon the request of the governing body of a city or county, and its representation, by resolution duly and regularly adopted, that there is a breakdown of law and order, a grievous breach of the peace, a riot, resistance to process of this state, or disaster, or imminent danger thereof, the governor may order into the active service of the state, for such period, to such extent and in such manner as the governor may deem necessary, all, or any part of, the national guard, or the Tennessee state guard. When the national guard or state guard is called pursuant to resolutions so adopted, the compensation of all members while on duty, shall be paid in the manner and in the amounts set forth in § 58-1-109 for the national guard and § 58-1-411 for the Tennessee state guard, and the county and/or city shall reimburse the military department for all such compensation and for all expenses incurred in connection with such duty. Compensation and expenses shall be paid forthwith upon demand of the adjutant general and upon default of payment, all state funds payable to such defaulting city or county shall be withheld until such time as the full amount has been collected and applied to the satisfaction of the indebtedness. Assistance authorized by, and requested from, competent authority provided only by the Tennessee state guard at the request of a city, county, or other local authority pursuant to this section by volunteers without compensation, shall not require the county or city to reimburse the military department; provided, however, that any travel expenses resulting from the authorized assistance of Tennessee state guard members from outside the requesting city or county shall require reimbursement from the city, county or local authority to the military department, when the department incurs an expense as a result of the travel for costs directly paid by the department or for travel claims filed by Tennessee state guard members.
4. Duty performed pursuant to this section shall not count against the leaves provided for in § 8-33-109 and title 8, chapter 50, part 8, nor against any other leave provided by law, regulation, policy or practice of the state or any county, municipality, or other arm, agency or political subdivision of the state. Compensation as provided in § 58-1-109, for such duty shall be in addition to the salary or compensation otherwise payable to any member who is an officer or employee of the state or any political subdivision thereof.

Acts 1970, ch. 596, § 5; T.C.A., § 7-106; Acts 1985, ch. 36, § 15; 1998, ch. 584, §§ 2-4; 2013, ch. 364, §§ 2-4.

Cross-References. Calling militia into active service, Tenn. Const., art. III, § 5; § 58-1-301.

Compensation of state guard, § 58-1-411.

Enlisting state guard, see § 58-1-401.

Failure to appear for service when called, § 58-1-302.

Group life insurance plan for guardsmen on active duty, § 8-27-206.

Offenses specifically applicable to the national guard while in a drill or duty status, penalties, § 58-1-632.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Public employees in military service, title 8, ch. 33.

Standing armies avoided in time of peace, Tenn. Const., art. I, § 24.

Attorney General Opinions. When activated by the governor to active state duty and operating in the course of that duty, the Tennessee state guard constitutes an arm of the state and enjoys the sovereign immunity of the state of Tennessee; thus, if monthly drills and training opportunities are in the course of active duty, the state guard, under the order, control and supervision of the governor, is immune from suit, OAG 02-011 (1/10/02).

When in a non-paid status, state guard members enjoy neither immunity from suit, nor workers’ compensation benefits, OAG 05-112 (7/18/05).

The governor may delegate his authority to activate, supervise and control the state guard to the adjutant general, OAG 05-112 (7/18/05).

Activation of members of the Tennessee National Guard for emergency purposes, OAG 07-03, 2007 Tenn. AG LEXIS 3 (1/8/07).

58-1-107. Troops on active duty — Commanding officers — Powers and duties.

When troops of the national guard are assigned to any state duty contemplated hereby, they shall act under the orders of the governor as commander in chief. Commanding officers of troops so employed are responsible only to their military superiors, and shall not act under, nor be subject to, the orders of any civil officer; they shall apply military tactics in respect to the manner in which they shall act to accomplish their missions, and shall use the minimum amount of force necessary to ensure the accomplishment thereof.

Acts 1970, ch. 596, § 6; T.C.A., § 7-107.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-108. Active state duty — Individuals.

The governor is authorized and empowered to call individual members of the national guard to active state duty with their consent, for the performance of any official duty in connection with national guard activities.

Acts 1970, ch. 596, § 7; T.C.A., § 7-108.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-109. Active duty pay.

Members of the national guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to § 58-1-106, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the same rate of pay and allowances as are at the time provided for the same grade and ratings in active federal service, except that lesser rates of pay may be prescribed by the adjutant general for personnel on full-time active duty; provided, however, that no member shall receive less than fifty dollars ($50.00) per day. No member shall receive less than fifty-five dollars ($55.00) per day when called to active duty in case of grave emergency under § 58-1-106.

Acts 1970, ch. 596, § 8; 1971, ch. 184, § 1; T.C.A., § 7-109; Acts 1987, ch. 128, §§ 1, 2.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-110. Military staff of the governor.

The military staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, the national guard officers assigned to the state headquarters, and such aides-de-camp as the governor shall deem necessary, all of whom shall be federally recognized, commissioned officers detailed by the governor from the national guard. Officers detailed pursuant to this section shall not be relieved from their ordinary duties except when actually on duty with the governor. The military staff of the governor shall perform such personal and ceremonial duties as may be required by the governor.

Acts 1970, ch. 596, § 9; T.C.A., § 7-110.

Cross-References. Governor to appoint his military staff, Tenn. Const., art. VIII, § 2.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-111. Honorary staff of the governor.

The honorary staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, and such honorary aides-de-camp as the governor may deem desirable or proper. Honorary staff officers shall bear the honorary rank and title of colonel.

Acts 1970, ch. 596, § 10; T.C.A., § 7-111.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-112. Martial rule — Proclamation by governor — Procedure.

1. Whenever any portion of the national guard is employed pursuant to § 58-1-106, the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule.
2. Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control:
   1. The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
   2. The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated;
   3. The regulation and closing of places of amusement and assembly;
   4. The prohibition of the sale and distribution of alcoholic beverages;
   5. The prohibition and control of the presence of persons on public streets;
   6. The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and
   7. The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.
3. Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast.
4. Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen.

Acts 1970, ch. 596, § 11; T.C.A., § 7-112; Acts 2009, ch. 288, § 1.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Prohibition against exercise of martial law, Tenn. Const., art. I, § 25.

58-1-113. Service without the state — Offenses committed — Jurisdiction.

1. The governor may order the national guard, or any part thereof, to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training and to participate in small arms and other military competitions and to attend service schools.
2. Officers and enlisted men of the national guard shall be subject to and governed by this chapter while without this state under the order or authorization of the governor under subsection (a) in like manner and to the same extent as when on duty within this state under orders of the governor so as to allow the governor and the courts of this state to have jurisdiction over such guardsmen for offenses committed while physically outside the state, so long as the state where the offense was committed and the accused agree to the trial of the issue in the Tennessee courts.

Acts 1970, ch. 596, § 12; 1975, ch. 45, § 1; T.C.A., § 7-113.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Attorney General Opinions. Activation of members of the Tennessee National Guard for emergency purposes, OAG 07-03, 2007 Tenn. AG LEXIS 3 (1/8/07).

58-1-114. Military department constituted.

That agency, division or department of the state government, comprising the headquarters of the military forces of the state as constituted and defined in § 58-1-104, and the emergency management agency, shall be known and is hereby designated as the military department. The adjutant general shall be the executive head of the military department and commanding general of the military forces of the state.

Acts 1970, ch. 596, § 13; T.C.A., § 7-114.

Cross-References. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

State system of personnel administration, title 8, ch. 30.

58-1-115. Adjutant general — Appointment.

The adjutant general shall be appointed by the governor for a term concurrent with the term of the governor who appointed the adjutant general, and shall serve as such at the pleasure of the governor. The adjutant general shall have such rank as may be conferred by the governor, but in no event shall such rank be higher than that of lieutenant general. The adjutant general shall be a member of the Tennessee national guard who meets all of the qualifications to be a federally recognized general officer.

Acts 1970, ch. 596, § 14; T.C.A., § 7-115; Acts 2007, ch. 140, § 1.

Cross-References. Governor empowered to appoint adjutant general, Tenn. Const., art. VIII, § 2.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

58-1-116. Duties of the adjutant general — Records of office as evidence.

1. The adjutant general shall be chief of staff to the governor and subordinate only to the governor in matters pertaining to the military department and the military and naval affairs of the state.
2. It shall be the duty of the adjutant general to direct the planning and employment of the military forces of the state in carrying out their state military mission; to establish unified command of state forces whenever they shall be jointly engaged; to coordinate the military and naval affairs with the civil defense of the state. The adjutant general shall be custodian of all military records and shall keep the same indexed and available for ready reference. The adjutant general shall keep an itemized account of all moneys received and disbursed from all sources and shall make a biennial report to the governor on the condition of the military department and the military forces of the state, together with such other matters relating to the military department, as the adjutant general shall deem expedient, or as may be directed by the governor. The adjutant general shall cause the laws and regulations relating to the military department to be distributed to all military forces of the state. The adjutant general shall further perform such duties pertaining to the adjutant general's office as from time to time may be provided by the laws, rules and regulations of the United States and such as may be designated by the governor.
3. The adjutant general shall have a seal of office approved by the governor and all copies and papers in the military department, duly certified and authenticated under such seal shall be evidence in like manner as if the original were produced.
4. Whenever the governor and those in succession to the governor under the constitution and laws of the state shall be unable to perform the duties of commander in chief, such duties shall devolve upon the adjutant general.

Acts 1970, ch. 596, § 15; T.C.A., § 7-116.

Cross-References. Administration of real and personal military property, §§ 58-1-506 — 58-1-515.

Annual report, § 4-4-114.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Attorney General Opinions. The governor may delegate his authority to activate, supervise and control the state guard to the adjutant general, OAG 05-112 (7/18/05).

58-1-117. Design of the flag or banner of the military department.

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

Acts 2008, ch. 645, § 1.

Cross-Reference. Grand divisions, title 4, ch. 1, part 2.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-118. Offenses involving improper use or display of military decorations, medals or badges.

1. 1. It is an offense for a person to wear or display any decoration or medal authorized by congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of those forces, or the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display the badge, decoration or medal.
   2. It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by congress for the armed forces of the United States, any of the service medals or badges awarded to the members of those forces, the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation of such item.
2. 1. It is an offense for a person to wear or display any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display any such decoration or medal.
   2. It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof.
3. A violation of subsection (a) or (b) is a Class B misdemeanor, except if a decoration or medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart or any replacement or duplicate medal for such medal as authorized by law, then a violation of subsection (a) or (b) is a Class A misdemeanor.

Acts 2009, ch. 274, § 1.

Cross-References. Penalties for Class A and B misdemeanors, § 40-35-111.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

58-1-119. Offense of impersonating a member of the United States armed forces.

1. It is an offense for a person to falsely impersonate or represent to another, whether by conduct, dress, verbally or in writing, that such person or a third party is or was a member of the armed forces of the United States with the intent to deceive or cause another to believe the representation when the person knows it to be false.
2. It is not a defense to prosecution under this section that the person making the false representation received no benefit or monetary thing or value from it.
3. This section shall not apply to wearing the dress of a member of the armed forces if done for the following purposes:
   1. Instructional;
   2. Law enforcement;
   3. Theatrical, motion picture or entertainment;
   4. Historical, ceremonial or educational; or
   5. As a costume if worn in accordance with or not prohibited by regulations promulgated pursuant to law.
4. Nothing in this section shall be construed to prohibit prosecution under any other applicable statute if the person derives a benefit or thing of value from the impersonation.
5. Impersonation of a member of the armed forces is a Class B misdemeanor.

Acts 2012, ch. 612, § 1.

Cross-References. Penalty for a Class B misdemeanor, § 40-35-111.

Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518.

Part 2
National Guard

58-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

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

Acts 2000, ch. 946, § 1; 2006, ch. 588, § 1; 2009, ch. 288, § 2; 2014, ch. 730, § 2.

Compiler's Notes. For establishment of Tennessee emergency management agency as the agency of state government having responsibility and authority for planning disaster and emergency preparedness and directing response, see Executive Order Nos. 4 (February 13, 1987) and 15 (April 17, 1998).

Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

For the Preamble to the act concerning emergency preparedness, please refer to Acts 2014, ch. 730.

Acts 2014, ch. 730 § 1 provided that the act, which added the definitions of “broadcaster” and “emergency response broadcaster”, shall be known and may be cited as the “Emergency Response Broadcasters Act.”

Cross-References. Civil defense functions include natural and nonhostile disasters, § 58-2-102.

Coordination with state military affairs, § 58-1-116.

Emergency communications districts, title 7, ch. 86.

Terrorism Prevention and Response Act of 2002, title 39, ch. 13, part 8.

Procedures when emergency necessitates change to polling place location within 10 days of election day, § 2-3-110.

Attorney General Opinions. Use of blue flashing lights by county emergency management agency officers, OAG 99-062 (3/12/99).

Vehicles of an emergency management agency of a Tennessee city or county may be equipped with blue flashing lights, OAG 06-050 (3/16/06).

58-2-102. Legislative intent.

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

Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7a.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

58-2-103. Policy and purpose.

1. Because of the existing and continuing possibility of the occurrence of emergencies and disasters resulting from natural, technological, or manmade causes, including acts of terrorism and the recovery therefrom; in order to ensure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary to:
   1. Create a state emergency management agency to be known as the “Tennessee emergency management agency” (TEMA), to authorize the creation of local organizations for emergency management in the political subdivisions of the state, and to authorize cooperation with the federal government and the governments of other states;
   2. Confer upon the governor, TEMA, and the governing body of each political subdivision of the state the emergency powers provided herein;
   3. Provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government with respect to carrying out all emergency management functions and responsibilities;
   4. Authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out this chapter; and
   5. Provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use, not to exclude flood plain management.
2. It is further declared to be the purpose of this chapter and the policy of the state that all emergency management functions of the state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments, agencies of other states and localities, and private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources, and facilities of the nation for dealing with any emergency that may occur.

Acts 2000, ch. 946, § 1.

Compiler's Notes. For establishment of Tennessee emergency response council, see Executive Orders No. 7 (April 1, 1987).

For establishment of Tennessee emergency management agency as the agency of state government having responsibility and authority for planning disaster and emergency preparedness and directing response, see Executive Order Nos. 4 (February 13, 1987) and 15 (April 17, 1998).

The Tennessee emergency management agency, created by this section and § 58-2-104, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Emergency management agency as part of military department, § 58-1-114.

58-2-104. Creation of agency — Director and deputies.

1. The governor is hereby authorized and directed to create a state agency to be known as the “Tennessee emergency management agency” (TEMA) under the adjutant general for day-to-day administrative purposes and, upon the recommendation of the adjutant general, to appoint a director of TEMA, who shall be the administrator thereof. The director shall hold office at the pleasure of the governor, and shall receive such salary as is fixed by the adjutant general and approved by the governor. The agency shall authorize the creation of local organizations for emergency management in the political subdivisions of the state, and authorize cooperation with the federal government and the governments of other states.
2. The governor is hereby authorized to appoint such deputy directors of the agency as the governor may in the exercise of the governor's sound discretion deem necessary, and such directors, in the discretion of the governor and upon the recommendation of the adjutant general, may be state employees who shall serve in such capacity without additional compensation.
3. The director, subject to the direction and control of the governor, acting through the adjutant general, shall be the executive head of the agency and shall be responsible to the governor for carrying out the program for TEMA for this state. The director shall coordinate the activities of all organizations for the agency within the state and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government. For normal day-to-day administrative functions, the director shall report to the adjutant general. During emergency conditions, the agency and director shall report to the governor or the governor's designee. General coordination with the adjutant general shall be maintained. The department of the military shall become a resource for the state as with all other departments and agencies; further, the director shall make recommendations to the governor for the use of the national guard and other state resources as disaster conditions mandate, including, but not limited to, the assistance of local and private agencies. The director shall coordinate with the governor's office on the activation or the potential activation of any mutual aid agreement or compact.
4. The adjutant general, upon the recommendation of the director, may employ such area directors, professional, technical, clerical, stenographic, and other personnel, and the adjutant general shall fix their compensation and may make expenditures from available funds appropriated for the military department or from funds made available to the adjutant general for purposes of emergency management, as may be necessary to carry out the purposes of this chapter. The director shall be provided with necessary, and appropriate office space, furniture, supplies, stationery, printing and equipment, including but not limited to, radio, radiological and any and all other proper equipment necessary to carry out the emergency management program for the state. The necessary mileage, office expenses, salaries of personnel, postage, telephone and expressage shall be chargeable to any funds available for emergency management.

Acts 2000, ch. 946, § 1.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

The Tennessee emergency management agency, created by this section and § 58-2-103, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

58-2-105. Limitations.

Nothing in this chapter shall be construed to:

1. Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
2. Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency;
3. Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies; and
4. Limit, modify, or abridge the authority of the governor to proclaim martial rule or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of or in conjunction with this chapter; provided, that the authority shall be limited to the extent provided under § 58-2-107(m) and as otherwise specifically provided by statute.

Acts 2000, ch. 946, § 1; 2009, ch. 288, § 3.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

58-2-106. Emergency management responsibilities and powers.

1. The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, county governments, municipal governments and school boards, and private agencies that have a role in emergency management. The director of the agency shall be the state coordinating officer (SCO) and the governor's authorized representative (GAR).
2. The agency is responsible for carrying out this chapter. In performing its duties under this chapter, the agency shall:
   1. Prepare a TEMP and maintain an accountable ESC program, which shall be integrated into and coordinated with the emergency management plans and programs of the federal government. The plan shall be implemented by a continuous, integrated comprehensive emergency management program. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major, and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The TEMP shall be planning, response, recovery and mitigation oriented and shall include the following:
      1. An evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities;
      2. A shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private, and nonprofit sectors;
      3. A postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major, or catastrophic. The postdisaster response and recovery component must, at a minimum:
         1. Establish the structure of the state's postdisaster response and recovery organization;
         2. Establish procedures for activating the state's plan;
         3. Set forth policies used to guide postdisaster response and recovery activities;
         4. Describe the chain of command during the postdisaster response and recovery period;
         5. Describe initial and continuous postdisaster response and recovery actions;
         6. Identify the roles and responsibilities of each involved agency and organization;
         7. Provide for a comprehensive communications plan, including, but not limited to, a computerized telephone emergency warning system;
         8. Establish procedures for monitoring mutual aid agreements;
         9. Provide for assessment teams;
         10. Ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services;
         11. Ensure the existence of a comprehensive statewide medical care plan; and
         12. Establish systems for coordinating volunteers and accepting and distributing donated funds and goods;
      4. Additional provisions addressing aspects of preparedness, response, recovery, and mitigation as determined necessary by the agency;
      5. Address the need for coordinated and expeditious deployment of state resources, including the Tennessee national guard and requesting of federal assets;
      6. Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions;
      7. Establish guidelines and schedules for exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major, and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government; and
      8. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities;
   2. Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the TEMP. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans;
   3. Assist political subdivisions in preparing and maintaining emergency management plans;
   4. Periodically review political subdivision emergency management plans for consistency with the TEMP and standards and requirements adopted under this section;
   5. Cooperate with the president of the United States, the heads of the armed forces, the various federal emergency management agencies, and the officers and agencies of other states in matters pertaining to emergency management in the state and the nation and incidents thereof and, in connection therewith, take any measures that it deems proper to carry into effect any request of the president and the appropriate federal officers and agencies for any emergency management action, including the direction or control of:
      1. Emergency management drills, tests, or exercises of whatever nature; and
      2. Warnings and signals for tests and drills, attacks, or other imminent emergencies or threats thereof and the mechanical devices to be used in connection with such warnings and signals;
   6. Make recommendations to the general assembly for preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact;
   7. In accordance with the TEMP and program for emergency management, ascertain the requirements of the state and its political subdivisions for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services, and resources within the state in accordance with this chapter;
   8. Anticipate trends and promote innovations that will enhance the emergency management system;
   9. Institute statewide public awareness programs. This includes an intensive public educational campaign on emergency preparedness issues;
   10. Prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs;
   11. Coordinate federal, state, and local emergency management activities and take all other steps, including the partial or full mobilization of emergency management forces and organizations in advance of an actual emergency, to ensure the availability of adequately trained and equipped forces of emergency management personnel before, during, and after emergencies and disasters;
   12. Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs. This includes a continuous training program for agencies and individuals that will be called on to perform key roles in state and local postdisaster response and recovery efforts and for local government personnel on federal and state postdisaster response and recovery strategies and procedures;
   13. Periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the TEMP and program;
   14. Make such surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter;
   15. Prepare, in advance whenever possible, such executive orders, proclamations, and rules for issuance by the governor as are necessary or appropriate for coping with emergencies and disasters;
   16. Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for mitigation, preparation, response, and recovery;
   17. Delegate, as necessary and appropriate, authority vested in it under this chapter and provide for the subdelegation of such authority;
   18. Create, implement, administer, promulgate, amend, and rescind rules, programs, and plans needed to carry out this chapter with due consideration for, and in cooperation with, the plans and programs of the federal government; and
   19. Do other things necessary, incidental, or appropriate for the implementation of this chapter.

Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7b.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Office of energy programs, §§ 4-3-510 — 4-3-515.

58-2-107. Emergency management powers of the governor.

1. 1. The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent.
   2. Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law.
2. 1. The governor or the governor's designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways:
      1. By executive order or proclamation; or
      2. By the activation of the TEMP.
   2. These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than sixty (60) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies.
3. An executive order or proclamation of a state of emergency shall:
   1. Activate the emergency mitigation, response, and recovery aspects of the state, local, and interjurisdictional emergency management plans applicable to the political subdivision or area in question;
   2. Be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other law relating to emergencies; and
   3. Identify whether the state of emergency is due to a minor, major, or catastrophic disaster.
4. During the continuance of a state emergency, the governor is commander in chief of the Tennessee national guard and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the emergency.
5. In addition to any other powers conferred upon the governor by law, the governor may:
   1. Suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
   2. Utilize all available resources of the state government and of each political subdivision of the state, as reasonably necessary to cope with the emergency;
   3. Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
   4. Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency;
   5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery;
   6. Prescribe routes, modes of transportation, and destinations in connection with evacuation;
   7. Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein;
   8. Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components;
   9. Make provision for the availability and use of temporary emergency housing;
   10. Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and all other utility services in the general public interest;
   11. Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and
   12. Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in clean up and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner.
6. The governor shall take such action and give such direction to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders and rules made pursuant thereto.
7. The governor shall employ such measures and give such directions to the department of health and department of human services, division of vocational rehabilitation, as may be reasonable and necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of such agency by reason of conditions arising from emergencies or threats of emergency.
8. The governor shall delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof prior to an emergency or threat of an emergency, and shall utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof, including their personnel and other resources, as the primary emergency management forces of the state, and all such officers and agencies shall cooperate with and extend their services and facilities to the agency, as it may require.
9. The governor and the agency shall establish agencies and offices and appoint executive, professional, technical, clerical and other personnel as may be necessary to carry out this chapter.
10. The governor shall formulate and execute plans and rules for the control of traffic in order to provide for the rapid and safe movement or evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will effectuate such plans.
11. The governor may delegate to the director of TEMA the authority to declare a state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. Pursuant to the delegation of authority granted by this subsection (k), the director of TEMA may declare a state of emergency prospectively in anticipation of an emergency.
12. 1. If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct.
    2. If additional medical resources are required, the governor, by executive order, may provide limited liability protection to health care providers, including hospitals and community mental health care centers and those licensed, certified or authorized under titles 33, 63 or 68, and who render services within the limits of their license, certification or authorization to victims or evacuees of such emergencies; provided, however, that this protection may not include any act or omission caused by gross negligence or willful misconduct.
    3. The duration of the protection provided by this subsection (l ) shall not exceed thirty (30) days, but may be extended by the governor by executive order for an additional thirty (30) days, if required to ensure the provision of emergency medical services in response to the catastrophic or major disaster.
13. During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.

Acts 2000, ch. 946, § 1; 2004, ch. 487, § 1; 2006, ch. 560, § 1; 2007, ch. 129, § 1; 2010, ch. 885, § 1.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Attorney General Opinions. Authority to compel emergency evacuations, OAG 06-172 (11/22/06).

Ability of out-of-state health care professionals to provide emergency assistance in Tennessee, OAG 07-107 (7/13/07).

The General Assembly has vested the Governor with exclusive responsibility and authority to assume control over all aspects of the State's response to an emergency such as the COVID-19 pandemic. Because the executive orders that the Governor issues pursuant to that authority have the force and effect of law, the Governor's directives in response to an emergency supersede and preempt any action taken by political subdivisions of the State. Absent an express delegation of power by the Governor, local governmental entities may not take actions that are either more restrictive or less restrictive with respect to the subjects addressed in the Governor's executive orders governing the State's emergency response to COVID-19. Such action would be at cross purposes with the Governor's orders, which are the law of the State, and would constitute an impermissible legal conflict. Just as the Governor may exercise his authority to delegate to a local governmental entity or to the local health department “such powers as the governor may deem prudent,” the Governor may exercise his emergency powers to expressly authorize, or recognize the authority of, county health departments to take action that may otherwise be inconsistent with his executive orders. Such a delegation of authority may be revoked or modified at any time and, absent an express delegation or authorization by the Governor, the local health department or other local governmental entity may not take any action inconsistent with the Governor's executive orders. OAG 20-07, 2020 Tenn. AG LEXIS 5 (4/27/2020).

58-2-108. Designation of emergency services coordinators.

1. At the direction of the governor, the head of each executive department and independent agency shall select from within such department or agency a person to be designated as the emergency services coordinator (ESC) for the department or agency together with an alternate ESC.
2. The ESC is responsible for coordinating with TEMA and reporting to that agency on emergency preparedness issues, preparing and maintaining emergency preparedness and postdisaster response and recovery plans for their agency, maintaining rosters of personnel to assist in disaster operations, and coordinating appropriate training for agency personnel.
3. These individuals shall be responsible for ensuring that each state facility, such as a prison, office building, or university, has a disaster preparedness plan that is reviewed by the applicable local emergency management agency and approved by TEMA.
4. The head of each department or agency shall notify TEMA, in writing, of the person initially designated as the ESC for such agency and the ESC's alternate, and of any changes in persons so designated thereafter.
5. Upon the designation of the ESC, the department or agency shall provide the necessary equipment to the ESC as prescribed by TEMA for the performance of the duties of the ESC.
6. TEMA shall, in consultation with the department of human resources, develop a mechanism to provide for a salary supplement for the appointed ESC, subject to available funding.
7. TEMA shall notify the governor of compliance with this section.

Acts 2000, ch. 946, § 1.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Interstate civil defense and disaster compact, title 58, ch. 2, part 4.

Monitoring of radio-active truck traffic, § 68-202-104.

Natural and nonhostile disasters included in civil defense functions, § 58-2-102.

Office of energy programs, §§ 4-3-510 — 4-3-515.

58-2-109. Financing — Acceptance of gifts.

1. 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.
2. 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.
3. 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.
4. 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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Acceptance of gifts, § 12-1-101.

58-2-110. Emergency management powers of political subdivisions.

Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state.

1. Counties.
   1. In order to provide effective and orderly governmental control and coordination of emergency operations in emergencies within the scope of this chapter, each county within this state shall be within the jurisdiction of and served by TEMA. Except as otherwise provided in this chapter, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to subdivision (3)(b) which is recognized by the governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the TEMP and program.
   2. Each county emergency management agency created and established pursuant to this chapter shall have a director who shall be appointed by the CLEO and, if required, approved by the governing body of the county. The director must meet the minimum training and education qualifications established in a job description developed by the CLEO and that meets the requirements of § 58-2-127. The job description for a directorship must be approved by the governing body of the county. The director's annual salary shall be fixed by the governing body of the county. Each CLEO shall promptly inform TEMA of the appointment of the director and other personnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the CLEO and shall serve as liaison to TEMA and other local emergency management agencies and organizations.
   3. Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized and, in addition, shall conduct such activities outside its territorial limits of the county within which it is organized as are required pursuant to this chapter and in accordance with state and county emergency management plans and mutual aid agreements. A county shall serve as liaison for and coordinate the requests of municipalities located within such county for state and federal assistance during postdisaster emergency operations.
2. Municipalities.  Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and regulations applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs.
3. Emergency management powers; political subdivisions.
   1. In carrying out this chapter, each political subdivision has the power and authority to:
      1. Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;
      2. Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers;
      3. Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations;
      4. Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision;
      5. Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to:

1. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;
2. Entering into contracts;
3. Incurring obligations;
4. Employment of permanent and temporary workers;
5. Utilization of volunteer workers;
6. Rental of equipment;
7. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and
8. Appropriation and expenditure of public funds; and
9. Small or sparse population;

Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.

Upon the request of two (2) or more adjoining counties, or if the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and service, the governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the governor pursuant to this subdivision (3)(B) shall be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation, preparedness, response, and recovery system on a nonjurisdictional basis, such as:

Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably burdensome;

Unusual vulnerability to emergencies as evidenced by a past history of emergencies, topographical features, drainage characteristics, emergency potential, and presence of emergency-prone facilities or operations;

The interrelated character of the counties in a multicounty area; and

Other relevant conditions or circumstances.

Local emergency planning committees.

Each local emergency planning committee (LEPC) is authorized to assess and collect an annual fee of one hundred dollars ($100) from member facilities and industries within its emergency planning district required to submit tier II reports in accordance with federal law, 42 U.S.C. § 11001 et seq. Such fee shall be assessed and collected in the manner authorized by each such LEPC.

The revenue derived from such fee shall be used solely by the LEPC for conducting annual event exercises, educating the public, and printing the Hazardous Materials Emergency Response Plan.

This subdivision (4) applies to LEPCs in any county having a population of not less than seventy-one thousand, three hundred (71,300) nor more than seventy-one thousand, four hundred (71,400), according to the 2000 federal census or any subsequent federal census, upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.

Acts 2000, ch. 946, § 1; 2003, ch. 185, § 1; 2004, ch. 487, § 2; 2009, ch. 110, § 1; 2011, ch. 365, § 1.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. The director and deputy director of a local emergency management agency created under T.C.A. § 58-2-110 may not display flashing blue lights on their vehicles, OAG 07-74, 2007 Tenn. AG LEXIS 72 (5/17/07).

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.

Acts 2019, ch. 457, § 1.

Effective Dates. Acts 2019, ch. 457, § 2. May 22, 2019.

58-2-112. [Reserved.]

1. 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.
2. 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.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Attorney General Opinions. The Tennessee Emergency Management Agency is authorized but not required to compensate disaster recovery volunteers for their services, OAG 04-174 (12/17/04).

The Tennessee Emergency Management Agency is required to register the names of disaster recovery volunteers with the Board of Claims, OAG 04-174 (12/17/04).

Disaster recovery volunteers and the State of Tennessee are immune for the negligent operation of a state vehicle by a volunteer en route to a requesting state under the Compact if traveling to a disaster is considered rendering aid in another state pursuant to T.C.A. § 58-2-403; requesting states are required to provide representation to disaster recovery volunteers to the same extent they provide representation to their own agents, OAG 04-174 (12/17/04).

If not immune pursuant to T.C.A. § 58-2-403, volunteers are immune as provided in T.C.A. § 9-8-307(h) in Tennessee, and the State of Tennessee is liable for their negligence, OAG 04-174 (12/17/04).

Volunteers are entitled to the T.C.A. § 9-8-307 immunity and the State of Tennessee is entitled to sovereign immunity in other states if those states choose to recognize the immunity afforded the State of Tennessee and its volunteers by the State of Tennessee; regardless, if sued personally, volunteers can request legal representation at the expense of the State of Tennessee and reimbursement of any judgment, OAG 04-174 (12/17/04).

Disaster recovery volunteers sent to a Compact state by the Tennessee Emergency Management Agency are not entitled to Tennessee workers' compensation benefits in the event of death or injury, OAG 04-174 (12/17/04).

Legal protection of law enforcement officers who self-deploy in response to disasters, OAG 06-029 (2/8/06).

No remedy other than general tort law is likely available for unpaid volunteers for death or injury sustained while mobilized by TEMA.  TEMA's discretionary authority to provide a disaster relief volunteer compensation is not sufficient to classify a disaster relief volunteer as a paid state employee or as a contract vendor of personal services for the State of Tennessee.  OAG 12-87, 2012 Tenn. AG LEXIS 88 (9/17/12).

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. General eminent domain law, title 29, ch. 16.

58-2-115. Compensation.

1. 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.
2. Compensation owed for personal services shall be only such as may be fixed by TEMA.
3. 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.
4. 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.
5. 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.
6. 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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Eminent domain by public agencies, title 29, ch. 17.

58-2-116. Emergency management.

1. 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.
2. 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.
3. 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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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:
   1. 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
   2. 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:
   1. 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
   2. 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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Attorney General Opinions. Appointment of county officials, OAG 97-068 (5/12/97).

58-2-118. Orders and rules.

1. 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.
2. 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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Cross-References. Emergency management powers of political subdivisions, § 58-2-110.

Interstate civil defense and disaster compact, title 58, ch. 2, part 4.

Penalty for Class A misdemeanor, § 40-35-111.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

58-2-123. Radiological emergency preparedness.

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

Acts 2000, ch. 946, § 1.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

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.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

58-2-126. First responders from local emergency management agencies — Death benefit.

1. 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:
      1. Go directly to the scene of an emergency; or
      2. 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.
2. 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.
3. 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.

Acts 2017, ch. 408, § 2.

Compiler's Notes. Former part 1, §§ 58-2-101 — 58-2-132 (Acts 1943, ch. 46, § 1; Acts 1943, ch. 85, § 3; mod. C. Supp. 1950, §§ 5755.22, 5755.27 (Williams, § 5755.29); Acts 1951, ch. 81, §§ 1, 2, 4-17 (Williams, §§ 5755.39, 5755.40, 5755.42-5755.55); Acts 1955, ch. 167, § 2-5; impl. am. Acts 1959, ch. 9, § 3; 1968, ch. 479, § 1-6; Acts 1969, ch. 188, § 1, 2; impl. am. Acts 1972, ch. 829, § 7; 1975, ch. 54, §§ 4-9; 1976, ch. 541, §§ 1, 2; 1977, ch. 303, § 17-19; T.C.A. (orig. ed.), § 7-601 — 7-605, 7-607 — 7-633; Acts 1981, ch. 336, §§ 1-5; Acts 1982, ch. 939, § 3; Acts 1983, ch. 429, §§ 21,22; Acts 1984, ch. 723, § 1; Acts 1989, ch. 591, § 111), concerning general emergency provisions, was repealed by Acts 2000, ch. 946, § 1. For current provisions, see this part.

Effective Dates. Acts 2017, ch. 408, § 2. July 1, 2017.

58-2-127. Prerequisites for employment as a director of a local emergency management agency.

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

Acts 2011, ch. 365, § 2; T.C.A. § 58-2-133.

Code Commission Notes.

This section was renumbered from § 58-2-133 to § 58-2-127 by authority of the Code Commission in 2018.

58-2-128. Development of plan for broadcasters to respond to emergency — Training program for emergency response broadcasters — Access to areas affected by emergency.

1. 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.
2. 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.
3. 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.
4. 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.

Acts 2014, ch. 730, § 3; T.C.A. § 58-2-134.

Code Commission Notes.

This section was renumbered from § 58-2-134 to § 58-2-128 by authority of the Code Commission in 2018.

Compiler's Notes. For the Preamble to the act concerning emergency preparedness, please refer to Acts 2014, ch. 730.

Acts 2014, ch. 730 § 1 provided that this act, which enacted this section, shall be known and may be cited as the “Emergency Response Broadcasters Act.”

Part 2
Facilitating Business Rapid Response to State-Declared Disaster Act

NOTES TO DECISIONS

1. Term of Service Officer.

County legislative body could not elect a service officer for period in excess of term of legislative body, hence new legislative body could discharge service officer and appoint a new one. Gillespie v. Rhea County, 191 Tenn. 487, 235 S.W.2d 4, 1950 Tenn. LEXIS 462 (1950).

There is no term of office for veterans' service officers of Tennessee specified herein. Reed v. Hamblen County, 468 F. Supp. 2, 1978 U.S. Dist. LEXIS 13882 (E.D. Tenn. 1978).

2. Successor Officer — Right to Salary.

Where county legislative body discharged veterans' service officer prior to expiration of term and he vacated office and sued for breach of contract, the successor was entitled to recover salary from county for the completion of predecessor's term. State ex rel. Lawson v. Farmer, 189 Tenn. 276, 225 S.W.2d 60, 1949 Tenn. LEXIS 425 (1949).

NOTES TO DECISIONS

1. Term of Service Officer.

There is no term of office for veterans' service officers of Tennessee specified herein. Reed v. Hamblen County, 468 F. Supp. 2, 1978 U.S. Dist. LEXIS 13882 (E.D. Tenn. 1978).

58-4-101. Establishment and duties of bureau.

There is created in the military department a war records bureau, the duties of which shall be to compile and preserve the records of those Tennesseans who have served their state and nation in time of war, to correlate these records as to rank, organization and branch of service, and to furnish to each county in the state a complete list of the residents of that county participating in such war; provided, however, that it shall be the duty of such war records bureau to furnish to the department of veterans services, upon request of such department and without cost to the latter, any and all records which may be in the possession of the war records bureau.

Acts 1945, ch. 136, § 1; 1947, ch. 86, § 1; C. Supp. 1950, § 1012.6 (Williams, § 1012.8); impl. am. Acts 1959, ch. 9, § 6; impl. am. Acts 1975, ch. 249, § 3; T.C.A. (orig. ed.), § 7-801; Acts 2015, ch. 24, § 7.

Compiler's Notes. Acts 2015, ch. 24, § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Cross-References. Records preserved and maintained by historical commission, § 4-11-109.

58-4-102. Personnel — Appropriations.

The adjutant general, with the approval of the governor, shall appoint such necessary personnel as may be needed to enable the war records bureau to function efficiently; the compensation of such personnel, to be fixed by the adjutant general, with the approval of the governor, shall be upon the same scale as paid for comparable services in other departments of the state. For the purpose of enabling the bureau to operate, there is appropriated the sum of twenty-five thousand dollars ($25,000) annually.

Acts 1945, ch. 136, § 2; 1947, ch. 86, § 2; C. Supp. 1950, § 1012.7 (Williams, § 1012.9); T.C.A. (orig. ed.), § 7-802.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

58-4-103. Request for redaction of social security number from official records.

1. Any veteran of the United States armed forces, or the veteran's surviving spouse, attorney-in-fact, personal representative or court appointed guardian, may request that the war records bureau redact from the official records that are maintained and distributed by the bureau the veteran's social security identification number from those military records if the records are stored in a manner that permits redaction.
2. The request for redaction of a social security identification number from a military record in the possession of the war records bureau shall be made on a paper writing in a form that is substantially similar to the form that is authorized for use under § 10-7-513. The commissioner of veterans services shall approve a form that meets the requirements of this subsection (b).
3. The war records bureau has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the removal. Upon receiving the written request, the war records bureau shall act in accordance with the request to redact the social security identification number from a military record in the possession of the bureau. If redaction is requested and is not practicable, the war records bureau shall verbally or by writing explain to the person making the request why redaction is not practicable.

Acts 2009, ch. 219, § 1; 2015, ch. 24, § 7.

Compiler's Notes. Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Cross-References. Confidentiality of public records, § 10-7-504.

Part 2
Veterans' Memorials