Tennessee § 58-2-112 - [Reserved.]

§ 58-2-112. [Reserved.]

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. Personnel of emergency management support forces while on duty, whether inside or outside of this state, shall: If they are employees of the state, have the powers, duties, rights, privileges, and immunities, and receive the compensation incidental to their employment; 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 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).