The Tennessee State Guard is created and governed by the following
statutes of Tennessee law:
58-1-401. Governor authorized to enlist state guard. —
Whenever the president of the United States shall call any part of the national guard of this state into active federal service, the governor is authorized to enlist, organize, maintain, equip and discipline a volunteer defense force, other than the national guard, to be known as the Tennessee state guard.
[Acts 1970, ch. 596, § 45; T.C.A., § 7-401; Acts 1985, ch. 36, § 1; 1998, ch. 584, § 5.]
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 sixteen (16) and seventy-five (75) years of age as shall volunteer for service therein. The state guard shall be in addition to and distinct from the national guard organized under existing law. The organization shall not be required to serve outside the boundaries of this state and shall not be used to supervise, hold, guard or investigate any election or primary election held in this state. Provisionally, United States military and Tennessee state guard prior service applicants, Tennessee state guard active duty personnel and Tennessee state guard retirees shall not exceed five (5) consecutive years of advisory service.
[Acts 1970, ch. 596, § 46; T.C.A., § 7-402; Acts 1985, ch. 36, §§ 2, 3; 1998, ch. 584, § 6; 1999, ch. 17, § 1.]
58-1-403, 58-1-404. [Repealed.]
58-1-405. Powers of governor in supervision of guard. —
The governor is authorized to appoint and commission necessary officers for the state guard; to prescribe rules and regulations governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of the state guard; to obtain by grant, requisition, or purchase such necessary arms and equipment as may be secured from the department of defense, or procure from other sources, the necessary arms and equipment to maintain and equip the state guard; to make available to the state guard the facilities of the state armories and their equipment and such other state premises or property as may be available for the purpose of drill, housing and instruction; to rent, if necessary, such additional property as may be required for drilling, housing and instruction.
[Acts 1970, ch. 596, § 49; T.C.A., § 7-405; Acts 1985, ch. 36, §§ 4, 5; 1998, ch. 584, § 7.]
58-1-406. Liability to federal military service not affected. —
No person shall solely by reason of enlistment or commission in any state forces be exempt from military service under the law of the United States.
[Acts 1970, ch. 596, § 50; T.C.A., § 7-406.]
58-1-407. Oath of members. —
Each and every member joining the state guard shall, in addition to the oath required by law to be taken by officers, take and subscribe to the following oath: “I do solemnly swear that I will well and faithfully perform my duties as a member of the Tennessee state guard to the best of my ability, and I do solemnly swear that I will bear true faith and allegiance to the state of Tennessee and that I will serve the state of Tennessee honestly and faithfully against all enemies, whomsoever, and that I will obey the orders of the governor and the officers placed over me, according to law.”
[Acts 1970, ch. 596, § 51; T.C.A., § 7-407; Acts 1985, ch. 36, § 6; 1998, ch. 584, § 8.]
58-1-408. Organization, composition and strength. —
The governor may organize, activate, increase, change, divide, consolidate, disband, reactivate or reorganize any unit, headquarters, staff or cadre of the state guard, and may prescribe the composition and types of units, the type of organization and the system of drill or instruction to be used in training such units; and for such purposes the governor is authorized to fix, increase or decrease the strength of any unit, headquarters, staff or cadre of the state guard, including the number of commissioned officers, warrant officers, noncommissioned officers and other enlisted personnel of any grade in any such unit, headquarters, staff or cadre, and to alter the grades of officers, warrant officers and noncommissioned officers.
[Acts 1970, ch. 596, § 52; T.C.A., § 7-408; Acts 1985, ch. 36, § 7; 1998, ch. 584, § 9.]
58-1-409. Duties, privileges and immunities. —
All duties imposed by the military law or other statutes of the state or by regulations issued hereunder, upon units, commissioned officers, warrant officers, and enlisted personnel respectively of the national guard are hereby imposed upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard, and all rights, privileges and immunities conferred by the military law or other statutes of the state or by regulations issued hereunder, upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the national guard are hereby conferred upon the units, commissioned officers, warrant officers and enlisted personnel respectively of the state guard as otherwise prescribed in parts 1, 2 and 4-6 of this chapter.
[Acts 1970, ch. 596, § 53; T.C.A., § 7-409; Acts 1985, ch. 36, § 8; 1998, ch. 584, § 10.]
58-1-410. Reserve organization. —
During such time as the state guard is not activated, the adjutant general is authorized and empowered, on the approval of the governor, to set up and maintain a reserve organization of the state guard upon a voluntary basis under such system as to the adjutant general may seem most feasible in order to provide means for the creation of an armed force in case the national guard of the state be again called into federal service.
[Acts 1970, ch. 596, § 54; T.C.A., § 7-410; Acts 1985, ch. 36, § 9; 1998, ch. 584, § 11.]
58-1-411. Compensation. —
Members of the state guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to § 58-1-106, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the rate of pay and allowances as prescribed by the adjutant general.
[Acts 1985, ch. 36, § 11; 1998, ch. 584, § 12.]
Text from Tennessee Code Annotated courtesy of www.michie.com
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