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

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

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. 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. 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. 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).