Tennessee Code Title 58. Military Affairs, Emergencies and Civil Defense § 58-2-109

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) 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.

(b) 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.

(c)(1) 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.

(2) Disaster grants administered by the agency are exempt from the requirements of title 12, chapter 3, related to procurement, except that:

(A) Section 12-3-602 applies to such disaster grants; and

(B) The agency must establish procedures to monitor recipient and subrecipient compliance with disaster response and disaster grant terms and conditions.

(3) As used in this subsection (c):

(A) “Disaster grant” means a grant or subgrant awarded to the state or awarded by the state to a person or legal entity, for the furnishing of assistance by the state, whether financial or otherwise, to any person or entity to support a disaster response and recovery assistance program authorized by law;

(B) “Recipient” means a person or entity that directly receives a disaster grant from a federal or state agency to carry out an activity of a disaster response and recovery assistance program; and

(C) “Subrecipient” means a person or entity that receives a disaster grant from a recipient to carry out a disaster response and recovery assistance program.

(d) 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.

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Cite this article: FindLaw.com - Tennessee Code Title 58. Military Affairs, Emergencies and Civil Defense § 58-2-109 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-58-military-affairs-emergencies-and-civil-defense/tn-code-sect-58-2-109/

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