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Chapter 1 - Military Forces
Part 1 - Military Forces — in General
§ 58-1-101. Short Title - Parts 1, 2 and 4-6 of this chapter may be...
§ 58-1-102. Definitions - In parts 1, 2 and 4-6 of this chapter, unless...
§ 58-1-105. Commander-in-Chief of Military Forces — Powers — Regulations - The governor shall be the commander-in-chief of the military forces,...
§ 58-1-107. Troops on Active Duty — Commanding Officers — Powers and Duties - When troops of the national guard are assigned to any...
§ 58-1-108. Active State Duty — Individuals - The governor is authorized and empowered to call individual members...
§ 58-1-109. Active Duty Pay - Members of the national guard when assigned to state military...
§ 58-1-110. Military Staff of the Governor - The military staff of the governor shall consist of the...
§ 58-1-111. Honorary Staff of the Governor - The honorary staff of the governor shall consist of the...
§ 58-1-114. Military Department Constituted - That agency, division or department of the state government, comprising...
§ 58-1-115. Adjutant General — Appointment - The adjutant general shall be appointed by the governor for...
§ 58-1-117. Design of the Flag or Banner of the Military Department - The flag or banner of the Tennessee military department shall...
Part 2 - National Guard
§ 58-1-201. Organization of State Headquarters — Army Division — Air Division - The state headquarters of the national guard is hereby organized...
§ 58-1-202. Organization and Training — Laws and Regulations of United States - The national guard shall be organized, armed, disciplined, governed, administered,...
§ 58-1-203. Army National Guard - The land force of the national guard shall be the...
§ 58-1-204. Air National Guard - The air force of the national guard shall be the...
§ 58-1-206. Maintenance of National Guard Units - In the event adequate and satisfactory armory accommodations, bases, camps,...
§ 58-1-207. Inactive National Guard - The inactive national guard shall consist of the persons commissioned,...
§ 58-1-208. Funds — Accounting Requirements — Post Exchanges and Canteens — Regulations Governing - All unit funds, known as company, battalion, and regimental funds,...
§ 58-1-209. Appointment and Promotion of Commissioned Officers - All commissioned officers of the national guard shall be considered...
§ 58-1-211. Commissioned Officers — Oath - Every commissioned officer shall take and subscribe to the oath...
§ 58-1-212. Precedence and Date of Rank - Precedence or relative rank among officers of the same grade...
§ 58-1-213. Assignments and Promotions - Officers will be assigned, transferred and promoted under regulations prescribed...
§ 58-1-214. Officer's Uniforms - Every commissioned officer shall personally provide such uniforms and articles...
§ 58-1-218. Officers — Termination of Appointments - The appointment of a national guard officer will be terminated...
§ 58-1-219. Officers — Retired List - When the appointment of any officer is terminated and federal...
§ 58-1-220. General Officers — Tenure - No general officer of the line and no air guard...
§ 58-1-222. Contract and Oath of Enlistment - Every person who enlists or reenlists in the national guard...
§ 58-1-223. Promotions and Reductions - Enlisted personnel of the national guard shall be promoted and...
§ 58-1-225. Absence Without Leave - When an enlisted person of the national guard is absent...
§ 58-1-226. Exemption From Civil Process and Arrest - Except for the commission of treason, a felony or a...
§ 58-1-230. Awards in Case of Death or Injury - The death benefit herein provided shall be payable without regard...
§ 58-1-231. Service Medals - A service medal shall be issued to each officer or...
§ 58-1-232. Dress Uniforms - Any organization of the national guard may, with the approval...
§ 58-1-233. Membership in National Guard Associations - The adjutant general is authorized and empowered to maintain membership...
§ 58-1-234. Authority to Administer Oaths - The following officers of the national guard shall have power...
§ 58-1-235. Patrons of National Guard - Any person, who contributes to a company fund of the...
Part 3 - Militia
§ 58-1-301. Call to Active Service — Enrollment of Militia - The governor, with the advice and consent of the general...
§ 58-1-302. Failure to Appear for Service - Any person subject to call into active military service of...
§ 58-1-303. Election and Appointment of Officers - All officers of the militia exercising command of line units...
§ 58-1-304. Uniform of Militia - The governor is authorized and directed, at the proper time,...
§ 58-1-305. Transfer of Militia to National Guard - The governor, with the advice and consent of the general...
§ 58-1-306. Disbanding of Militia - The governor, having called forth the militia into active service,...
Part 4 - Defense Force
§ 58-1-401. Governor Authorized to Enlist State Guard - Whenever the president of the United States shall call any...
§ 58-1-402. Membership of State Guard — Distinct From National Guard — Service Outside State or Relating to Elections — Limitation on Consecutive Years of Advisory Service - The state guard shall be composed of such individuals between...
§ 58-1-403. — 58-1-404 [reserved.] - The governor is authorized to appoint and commission necessary officers...
§ 58-1-406. Liability to Federal Military Service Not Affected - No person shall solely by reason of enlistment or commission...
§ 58-1-407. Oath of Members - Each and every member joining the state guard shall, in...
§ 58-1-408. Organization, Composition and Strength - The governor may organize, activate, increase, change, divide, consolidate, disband,...
§ 58-1-409. Duties, Privileges and Immunities - All duties imposed by the military law or other statutes...
§ 58-1-410. Reserve Organization - During such time as the state guard is not activated,...
§ 58-1-411. Compensation - Members of the state guard when assigned to state military...
§ 58-1-412. Governor's Authority and Power to Call Members of the State Guard to Active State Duty With the Member's Consent - The governor is authorized and empowered to call members of...
Part 5 - Military Property — Armories
§ 58-1-501. Authority to Acquire Lands - The governor is authorized and empowered on behalf of the...
§ 58-1-502. Proclamation of Emergency - It shall be the duty of the governor to announce...
§ 58-1-503. Payment for Lands - The lands so acquired in accordance with §§ 58-1-501 —...
§ 58-1-504. Condemnation of Land - If it is necessary to institute condemnation proceedings to acquire...
§ 58-1-505. Lease to United States - The governor is authorized and empowered to lease lands acquired...
§ 58-1-506. Acquisition, Disposal and Administration of Real Property by Adjutant General — Authority to Enter Into Cooperative Agreements - The adjutant general, under the direction and supervision of the...
§ 58-1-507. “Armory” Defined - Armory,” whenever used in §§ 58-1-507 — 58-1-512, includes any...
§ 58-1-510. Appropriations of Money or Property by Counties or Municipal Corporations for Defense - The governing authorities of the counties and municipal corporations of...
§ 58-1-511. Title to Armories - The title to all armories procured under §§ 58-1-507 —...
§ 58-1-514. Federal Property — Care and Custody - Federal property, issued to the Tennessee national guard, shall not...
Part 6 - Armed Forces — Penal Provisions
§ 58-1-601. Rights-of-Way — Highways — Exceptions - Troops of the United States or of the Tennessee national...
§ 58-1-603. Unlawful Traffic in Military Property - Any person who shall purchase, receive in pledge, retain, or...
§ 58-1-604. Discrimination Against Members of the National Guard - It is a Class E felony for any person, firm...
§ 58-1-605. Commissioned Officers' Power to Take Oaths and Acknowledgments - In addition to the acknowledgment of instruments and the performance...
§ 58-1-606. Validity of Notarial Acts of Officers - Such acknowledgment of instruments, attestation of documents, administration of oaths...
§ 58-1-612. Assistance With Unlawful Enlistment, Appointment or Separation - Any person who effects an enlistment or appointment in or...
§ 58-1-613. Absence Without Leave - Any person of the Tennessee national guard who, without proper...
§ 58-1-614. Missing Movement - Any member of the national guard, who through neglect or...
§ 58-1-615. Disrespect Toward Superior Commissioned Officer - Any member of the national guard who behaves with disrespect...
§ 58-1-616. Assaulting or Willfully Disobeying Superior Commissioned Officer - Any member of the national guard who: is guilty of...
§ 58-1-617. Insubordinate Conduct Toward Warrant Officer or Noncommissioned Officer - Any enlisted member of the national guard who: is guilty...
§ 58-1-618. Failure to Obey Order or Regulation - Any member of the national guard who: is guilty of...
§ 58-1-619. Cruelty and Maltreatment - Any member of the national guard who is guilty of...
§ 58-1-621. Misbehavior on Active Duty - Any member of the national guard who, while on active...
§ 58-1-622. False Official Statements - Any person subject to §§ 58-1-611 — 58-1-634 as provided...
§ 58-1-623. Military Property — Loss, Damage, Destruction or Wrongful Disposition - Any person subject to §§ 58-1-611 — 58-1-634 as provided...
§ 58-1-624. Property Other Than Military Property — Waste, Spoilage, or Destruction - Any person subject to §§ 58-1-611 — 58-1-634 as provided...
§ 58-1-625. Drunken or Reckless Driving - Any member of the national guard who operates any vehicle...
§ 58-1-626. Drunk on Duty - Any member of the national guard who is found drunk...
§ 58-1-627. Misbehavior of a Sentinel - Any sentinel or lookout who is found drunk or sleeping...
§ 58-1-628. Malingering - Any member of the national guard who for the purpose...
§ 58-1-629. Riot or Breach of the Peace - Any member of the national guard who causes or participates...
§ 58-1-630. Frauds Against the Government - Any member of the national guard who: is guilty of...
§ 58-1-631. Penalties - All violations of parts 1, 2 and 4-6 of this...
§ 58-1-632. Application and Effect of §§ 58-1-611 — 58-1-633 - Sections 58-1-611 — 58-1-633 are applicable to members of the...
§ 58-1-633. Enlisted Personnel — Explanation of Penal Laws - Sections 58-1-611 — 58-1-633 shall be carefully explained to each...
Part 7 - Military Family Assistance Trust Fund
§ 58-1-701. Creation of Fund - There is created within the general fund a special account...
§ 58-1-702. Investment of Moneys in Fund - Moneys in the fund shall be invested by the state...
§ 58-1-706. Report - Each year between August 15 and September 1, the military...
Chapter 2 - Disasters, Emergencies and Civil Defense
Part 1 - General Emergency Provisions
§ 58-2-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 58-2-105. Limitations - Nothing in this chapter shall be construed to:
§ 58-2-110. Emergency Management Powers of Political Subdivisions - Safeguarding the life and property of its citizens is an...
§ 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...
§ 58-2-114. Government Equipment, Services, and Facilities - In carrying out this chapter, the governor, the director of...
§ 58-2-117. Lease or Loan of State Property; Transfer of State Personnel - Notwithstanding any inconsistent provision of law:
§ 58-2-119. Enforcement - It is the duty of every EMA established pursuant to...
§ 58-2-120. Penalties - In the event of an emergency declared pursuant to this...
§ 58-2-121. Liability - Any person, public or private, owning or controlling real estate...
§ 58-2-122. Liberality of Construction - This part shall be construed liberally in order to effectuate...
§ 58-2-124. Suspension Letter — Contents - The Tennessee emergency management agency shall deliver a copy of...
§ 58-2-125. Acceptance of Gifts - The governor, on behalf of the state, may accept a...
Part 2 - Facilitating Business Rapid Response to State-Declared Disaster Act
§ 58-2-201. Short Title - This part shall be known and may be cited as...
§ 58-2-202. Part Definitions - As used in this part:
§ 58-2-205. Effect of Remaining in State After Disaster Response Period - After a disaster response period, if a responding out-of-state business...
Part 4 - Civil Defense Compacts
§ 58-2-401. Authority for Compact - The governor is hereby authorized in the name of the...
§ 58-2-402. Text of Compact - The civil defense and disaster compact referred to in §...
§ 58-2-403. Text of Emergency Management Assistance Compact - The emergency management assistance compact referred to in § 58-2-401...
Part 5 - Emergency Severe Weather Information -
Part 6 - Accidents Involving Hazardous Materials
§ 58-2-601. Report to the Tennessee Emergency Management Agency of Accidents Involving Hazardous Materials - Notwithstanding any law to the contrary, in addition to any...
§ 58-2-602. Notification of Community Officials - As soon as practicable after receiving any such accident or...
§ 58-2-603. Records and Reports of Accidents Maintained - The Tennessee emergency management agency shall maintain records of all...
Part 7 - Earthquakes
§ 58-2-701. Interstate Earthquake Compact of 1988 - The general assembly of the state of Tennessee hereby ratifies...
Part 8 - Uniform Emergency Volunteer Health Practitioners Act of 2007
§ 58-2-801. Short Title - This part shall be known and may be cited as...
§ 58-2-803. Application of Part - This part shall apply to volunteer health practitioners registered with...
§ 58-2-807. Effect on Credentialing and Privileging Standards — Waiver or Modification of Standards - This part does not affect credentialing or privileging standards of...
§ 58-2-810. Emergency Rules - TEMA may promulgate emergency rules to implement this part in...
§ 58-2-812. Workers' Compensation Benefits - Notwithstanding § 8-42-101(3)(B) concerning workers' compensation coverage of certain state...
§ 58-2-813. Uniformity of Law Among States - In applying and construing this part, consideration shall be given...
Chapter 3 - Veterans' Rights in General
§ 58-3-103. Removal of Disability of Minor Veterans and Spouses - The disability of minority is removed from all minors who...
§ 58-3-104. Information Furnished to Veterans - The department of veterans services shall collect all necessary data...
§ 58-3-105. Assistance in Obtaining Benefits - It shall likewise be the duty of the department of...
§ 58-3-107. Oaths Administered by Department Employees - The commissioner of veterans services and the assistant commissioners or...
§ 58-3-108. Acceptance of Aid by Department - The department of veterans services is authorized to accept services...
§ 58-3-112. Free Admission to State Parks One Day a Year - In order to honor the veterans of this state and...
§ 58-3-114. Suicide Prevention Training - The department of veterans services shall provide training in suicide...
Chapter 4 - War Records and Memorials
Part 1 - War Records Bureau
§ 58-4-101. Establishment and Duties of Bureau - There is created in the military department a war records...
§ 58-4-102. Personnel — Appropriations - The adjutant general, with the approval of the governor, shall...
Part 2 - Veterans' Memorials
§ 58-4-201. Appropriations by County Legislative Bodies - The county legislative bodies are authorized to appropriate, by a...
§ 58-4-202. County Monument or Building Commissioners - When any county makes any such appropriation, the county legislative...
§ 58-4-203. Filing of Plans — Accounting for Funds - Before any part of any such appropriation shall be paid...
§ 58-4-204. Appropriation Limited to Work and Material - No part of any such appropriation shall be expended for...
§ 58-4-205. Penalty for Misappropriation of Funds - Any and all persons accepting the custody or control of...
§ 58-4-206. Municipal and County Memorials - Each municipality and county of the state is authorized and...
§ 58-4-207. Cooperation With Federal Government - Each municipality and county of the state acting under §§...
§ 58-4-208. Borrowing Power — Bonds - Each municipality and county of the state, acting by and...
Part 3 - p.o.w.-m.i.a. Recognition
§ 58-4-303. Display and Maintenance of Flags - If a P.O.W.-M.I.A. flag is donated for display to and...
§ 58-4-304. Hours of Display — Flag Design - The P.O.W.-M.I.A. flag, which depicts a prisoner's profile against the...
§ 58-4-305. “Public Building” Defined - For purposes of this part, “public building” is defined according...
§ 58-4-306. Welcome Centers - The P.O.W.-M.I.A. flag, as described in § 58-4-304, may be...
Chapter 7 - State Veterans' Homes
§ 58-7-105. Reimbursement of Board Members - Members of the board shall not be compensated for services...
§ 58-7-106. Conflicts of Interest - If any matter before the board involves a project, transaction,...
§ 58-7-108. Disposition of Funds - The administrator of each home shall deposit with the state...
§ 58-7-109. Annual Report - The board shall make an annual report to the governor...
§ 58-7-110. Plan of Operation - At least thirty (30) days prior to the beginning of...
§ 58-7-111. Annual Audit - The comptroller of the treasury shall make an annual audit...
§ 58-7-112. Application for Federal Grant — Other Preparatory Actions - It is the intention of the general assembly that, in...
Chapter 8 - Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004
§ 58-8-101. Short Title - This chapter shall be known and may be cited as...
§ 58-8-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 58-8-106. Sending Personnel and Equipment Outside Jurisdiction - Any participating governmental entity may, upon receiving a request for...
§ 58-8-108. Command of the Scene — Delegation of Command - The representative or representatives of the requesting party authorized to...
§ 58-8-110. Immunity - Nothing in this chapter shall be construed to remove any...
§ 58-8-112. Existing Mutual Aid Agreements - Governmental entities that are parties to existing mutual aid agreements...
§ 58-8-113. Authority to Provide Aid or Assistance in Any Area of the State - In addition to any other authority provided by this chapter,...
§ 58-8-114. Recognition and Enforcement of Laws Regarding Tort Liability - When any other state provides that it will recognize and...
Chapter 9 - West Tennessee Seismic Safety Commission
§ 58-9-102. Authority of Commission - The commission shall have the authority to:
§ 58-9-103. Comprehensive Program to Prepare for Responding to a Major Earthquake - The commission shall initiate, with the assistance and participation of...
§ 58-9-104. Commission Responsibilities - The commission is responsible for all of the following in...
§ 58-9-105. Implementation - To implement its responsibilities, the commission may: