Legal Notices & Laws
Click the above link and search for "Tennessee Emergency Management Agency" to view any upcoming public meetings of the State Emergency Response Committee.
TEMA will announce meetings of the State Emergency Response Commission (SERC) on the public participation calendar to ensure that the public is aware of scheduled meetings. The SERC is formed to meet the federal requirements of law under Public Law 499, Emergency Planning and Community Right-to-Know Act (EPCRA).
Inquiries about the SERC can be directed to Donnie Smith at 615-741-1453 or email@example.com.
The membership of the SERC includes:
- The Director of TEMA (chairman)
- The Adjutant General, Department of Military
- Commissioner, Department of Environment and Conservation
- Commissioner, Department of Health
- Commissioner, Department of Labor and Workforce Development
- --must also be present or be represented by Tennessee Occupational Safety and Health Administration
Persons wishing to address the SERC must notify the Chairman to be placed on the agenda and may be granted five minutes to speak or raise issues. The chairman may grant additional time.
Emergency Management Law Changes
HB 0544/SB 1476 w/Amendment # 3 was passed and coded as TCA 58-2-133. Education and Duty Requirements of Local Emergency Management Directors (LEMD). The law, Public Chapter 365, establishes minimum prerequisites for employment of new LEMD. A new director must have the minimum training and education required by the chief local elected official (CLEO) (usually the county mayor) in a job description approved by the governing body of the local jurisdiction, plus--
- be 18 years of age
- be a citizen of the U.S. and Tennessee
- be a high school graduate or equivalent
- not be convicted or guilty of a felony
- and, have a valid Tennessee driver's license
- be serving as director of a local emergency management agency on July 1, 2011 and have one of the following--
- be a graduate and have received a baccalaureate degree, or
- be a graduate and have received an associate's degree and have two years experience in emergency management or a related field, or
- possess four years experience in emergency management or a related field.
The LEMD must maintain knowledge of the--
- principles and practices of emergency management
- emergency management planning concepts
- disaster response and the functions of government and private organizations
- laws and regulations relating to emergency operations, and
- computer operations and the operation of other basic office equipment.
The LEMD must possess the skill and ability to--
- plan, organize, assign, inspect and direct the work of others
- evaluate situations and make coherent decisions
- express ideas clearly, concisely and convincingly, both orally and in writing, including communicating under stressful situations
- establish and maintain an effective working relationship with the public, businesses, industries, volunteers and employees,
- operate an emergency response vehicle and communications equipment
- work from a mobile unit and outdoors in all types of weather conditions during an emergency and simulated situations, and
- direct the activities of a 24-hour 7 days-a-week operation.
The LEMD has the following duties and responsibilities in addition to those imposed upon him by his approved job description--
- performs under executive direction (CLEO)
- coordinates and assists 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
- develops and manages the local agency's annual budget in accordance with local guidance
- collects initial disaster intelligence information, extracts essential elements of information and prioritizes the use of critical resources
- prepares and transmits situation reports to TEMA as directed by state procedures
- assesses the impact of major emergencies and initiates requests for declaration of emergency for the CLEO's signature
- serves as the focal point for damage assessment information and coordinates relief activities through the CLEO and the regional and state emergency operations center
- promotes and supervises the development of various emergency management related public education and information services, such as training programs, brochures, speaking
- opportunities and media programs
- develops and maintains an emergency operations center to ensure direction, control and continuity of local government during emergencies and disasters
- conducts hazard analysis, capability assessment and vulnerability analysis and makes periodic updates
- remains "on call" for response to any type of disaster or major emergency, natural, man-made or technological
- provide assistance to private sector organizations on issues pertaining to emergency management and homeland security
- provide resource coordination and technical assistance during major emergencies and disasters
- prepares after action reports, as required
- develops and implements activities relative to emergency management within the territorial limits of the emergency management area for which the director has jurisdiction
- establishes emergency management standards for the jurisdiction
- develops and implements the National Incident Management System (NIMS) to mitigate, prepare for, response to and recover from major emergencies, terrorist events and disasters, and
- performs duties directed by the CLEO.
The LEMD must attain the following minimum education--
- Minimum training and education established by the CLEO
- FEMA courses established by TEMA
- HAZMAT Operations Level Course
- Damage Assessment Workshop
- NIMS courses offered by TEMA within two years of position assignment
- Attain emergency management professional certification
- Maintain currency in new technologies.
These requirements are integrated into TCA 58-2-133. Passed into law May 30, 2011 and effective July 1, 2011.
Chapter No. 1091 (HB2822/SB2839). National Flood Insurance Program (NFIP) participation required. Amends TCA Title 6, Chapter 58 by requiring all counties and municipalities with a flood insurance rate map or flood hazard boundary map published by FEMA that identifies a special flood hazard area within its boundaries to meet the requirements for participation in the National Flood Insurance Program (NFIP) on or before June 30, 2012. A county or municipality without such a map must, within twenty four (24) months from the effective date of any such map published by the Federal Emergency Management Agency (FEMA), meet the requirements for participation in the NFIP
These acts may directly affect operations of emergency management.
SB-0890/HB-0713 - Emergency Management-
Changes emergency management director to report to the chief local elected official and requires the CLEO to write the LEMD's job description.
SB-1243/HB-0815 - Emergency Management
Changes laser pointer law
Adds firefighters, emergency medical technicians and any other emergency management personnel to the law that prohibits pointing a laser at a law enforcement officer with the intent to harm.
SB-0107/HB-0393 - Motor Vehicles
Prohibits reading or sending a text message by mobile phone or other device; $50 fine and $10 court cost; officers, firemen and emergency management in official duty are exempted.
HB-0980/SB-1685 - TEMA
Coordinates governmental and private utility systems in disaster; requires 100 percent reimbursement to a responding governmental or private utility helping another under mutual aid chapter 8, Title 58.
HB-1778/SB-1992 - Gun control
Prohibits governor from seizing weapons while under martial law
Chapter 853. (10-7-504)
Safeguarding confidential information on laptops and removable storage devices used by government. Requires state agencies to create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices. Failure to comply creates a cause of action or claim for damages against the state.
Chapter 693. (55-8-158)
Parking or leaving a motor vehicle on an exit or entrance ramp. No person shall stop, park or leave any motor vehicle, attended or unattended, on the paved or unpaved portion of any entrance or exit ramp of any highway. Provisions are made for emergencies and compliance with federal law.
Chapter 853. (10-7-504)
Confidential status of personal information of government employees. Amends protected information of state employees to include home telephone and personal cell phone numbers, residential information, including the street address, city, state and zip code (same for county, municipal and other public employees). [adds to previously existing law: unpublished telephone numbers, bank account information, driver's license information (except as it applies to the state job duties), social security number and same information for state employees' immediate family or household members.]