Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1110
3		-	By Seal
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 357
6	5		By Powers
7	6
8	7
9	8		HB0357
10	9		001988
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 8 and Title 68, relative to rescue squads.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Title 68, Chapter 140, is amended by adding
18	17		the following language as a new part:
19	18		68-140-701. Short title.
20	19		This part is known and may be cited as the "Rescue Squad Recognition Act."
21	20		68-140-702. Definitions.
22	21		As used in this part, unless the context otherwise requires, "rescue squad":
23	22		(1) Means a department of a municipality, county, or political subdivision,
24	23		or a nonprofit organization that offers its services, for or without pay, for the
25	24		purpose of performing rescue services, or for other emergency response
26	25		purposes, in at least four (4) of the following eleven (11) disciplines:
27	26		(A) Animal technical rescue;
28	27		(B) Rope rescue;
29	28		(C) Floodwater rescue;
30	29		(D) Vehicle and machinery rescue;
31	30		(E) Confined space rescue;
32	31		(F) Structural collapse rescue;
33	32		(G) Swiftwater rescue;
34	33		(H) Trench rescue;
35	34		(I) Subterranean rescue;
	35	+	(J) Dive rescue; or
36	36
37	37
38	38		- 2 - 001988
39	39
40		-	(J) Dive rescue; or
41	40		(K) Wilderness search and rescue;
42	41		(2) Means eighty-five percent (85%) of a nonprofit organization's
43	42		dedicated team is meeting the national fire protection association 1006 standards
44	43		for qualifications for each discipline described in subdivision (1);
45	44		(3) Means a nonprofit organization's dedicated team consists of at least
46	45		seventy-five percent (75%) of personnel who volunteer or undertake time,
47	46		resources, and labor to provide emergency response to a county, municipality, or
48	47		political subdivision;
49	48		(4) Means an organization that qualifies as a nonprofit organization under
50	49		the Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), and chartered by
51	50		this state; and
52	51		(5) Does not include law enforcement agencies or emergency medical
53	52		agencies licensed by the Tennessee emergency medical services board or a fire
54	53		department as defined in § 68-102-302.
55	54		68-140-703. State fire marshal's standards and qualifications.
56	55		A municipality, county, or political subdivision shall not operate a rescue squad,
57	56		and a nonprofit organization shall not operate as a rescue squad, unless the rescue
58	57		squad has been duly recognized and authorized to perform rescue services pursuant to
59	58		this part by the state fire marshal's office. The state fire marshal, in consultation with the
60	59		Tennessee Association of Rescue Squads and other interested industry groups, shall
61	60		promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in
62	61		title 4, chapter 5, relative to the standards and qualifications for becoming and remaining
63	62		a rescue squad.
	63	+	68-140-704. Application for operation of rescue squad — Classification —
	64	+	Certificate of recognition — Recognition renewal.
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67	68
68		-	68-140-704. Application for operation of rescue squad — Classification —
69		-	Certificate of recognition — Recognition renewal.
70	69		(a) To obtain recognition from the state fire marshal's office, a municipality,
71	70		county, or political subdivision wanting to operate a rescue squad, or a nonprofit
72	71		organization wanting to operate as a rescue squad, shall file an application with the state
73	72		fire marshal's office, and file a renewal application to continue operating, in accordance
74	73		with the following:
75	74		(1) The application must be made on a form prescribed by the state fire
76	75		marshal and must be accompanied by a processing fee not to exceed fifty dollars
77	76		($50.00). The state fire marshal may require that the form be signed and
78	77		notarized by the highest-ranking official of the rescue squad;
79	78		(2) Upon being granted recognized status as a rescue squad, the state
80	79		fire marshal shall issue a certificate of recognition to the rescue squad. The
81	80		certificate is valid for a period of three (3) years from the date of issuance; and
82	81		(3) Approximately six (6) months prior to the expiration of the three-year
83	82		certificate, the state fire marshal's office shall notify each rescue squad by
84	83		certified mail of the expiration of the certificate. A rescue squad whose certificate
85	84		is expiring shall complete a recognition renewal form prescribed by the state fire
86	85		marshal and submit a renewal fee not to exceed fifty dollars ($50.00) at least
87	86		thirty (30) days prior to expiration of the rescue squad's certification of
88	87		recognition.
89	88		(b) The form prescribed by the state fire marshal's office must include a process
90	89		for a rescue squad whose certificate of charter with the secretary of state is active before
91	90		July 1, 2025, to apply for an exemption, as described in § 68-140-709.
	91	+	68-140-705. Approval of local elected governing body — Certificate of recognition
	92	+	requirement.
92	93
93	94
94	95		- 4 - 001988
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96		-	68-140-705. Approval of local elected governing body — Certificate of recognition
97		-	requirement.
98	97		(a) A new rescue squad must not be established or recognized without
99	98		the approval of the local elected governing body in which jurisdiction the rescue
100	99		squad will operate. This approval must include the geographical territory to be
101	100		covered by the new rescue squad.
102	101		(b) A governmental unit, person, or nonprofit organization shall not
103	102		operate as a rescue squad without a valid certificate of recognition issued by the
104	103		state fire marshal in accordance with this part.
105	104		68-140-706. Option of "Non-Recognition."
106	105		Notwithstanding §§ 68-140-703 and 68-140-705, if any department within a
107	106		municipality, county, or political subdivision, as well as any nonprofit organization,
108	107		decides not to function as a rescue squad as defined in § 68-140-702, then such
109	108		department or nonprofit organization must notify the state fire marshal's office and the
110	109		local elected governing body that the rescue squad is choosing to opt out of this part and
111	110		take on all responsibilities assigned by the local elected governing body.
112	111		68-140-707. Nonrenewal, revocation, or suspension of certificate of recognition.
113	112		(a) The state fire marshal may refuse to issue or renew and revoke or suspend
114	113		any application for or renewal of a certificate of recognition if the:
115	114		(1) Rescue squad has violated:
116	115		(A) This part;
117	116		(B) Any rule duly promulgated by the state fire marshal; or
118	117		(C) Any other state or federal law;
119	118		(2) Rescue squad fails to renew its certification;
120	119		(3) Rescue squad fails to submit the required fee; or
	120	+	(4) Local elected governing body withdraws recognition of the rescue
	121	+	squad.
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125		-	(4) Local elected governing body withdraws recognition of the rescue
126		-	squad.
127	126		(b) The state fire marshal shall notify the local elected governing body within
128	127		thirty (30) days of refusing to renew, revoking, or suspending any certificate of
129	128		recognition of a rescue squad.
130	129		(c) The local elected governing body shall notify the state fire marshal within
131	130		thirty (30) days of withdrawing approval of the rescue squad.
132	131		(d) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5,
133	132		governs all matters and procedures respecting the hearing and judicial review of any
134	133		contested case arising under this part.
135	134		68-140-708. Reporting requirements for emergency responses.
136	135		(a) Within thirty (30) days of an emergency in which a rescue squad responds,
137	136		the rescue squad shall complete all necessary reports, documentation, and filing of the
138	137		emergency to at least one (1) of the following:
139	138		(1) The Tennessee Association of Rescue Squads general reporting
140	139		system;
141	140		(2) The national fire incident reporting system;
142	141		(3) The national emergency response information system; or
143	142		(4) The standard reporting system for the state fire marshal's office.
144	143		68-140-709. Existing chartered rescue squads.
145	144		(a) A rescue squad whose certificate of charter with the secretary of state is
146	145		active before July 1, 2025, may submit an application as described in § 68-140-704 to
147	146		operate under an exemption if the rescue squad does not currently meet the definition of
148	147		a rescue squad as defined in § 68-140-702.
	148	+	(b) If a rescue squad described in subsection (a) properly files the application
	149	+	described in § 68-140-704 and the application is approved by the state fire marshal's
149	150
150	151
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153		-	(b) If a rescue squad described in subsection (a) properly files the application
154		-	described in § 68-140-704 and the application is approved by the state fire marshal's
155	154		office, then such rescue squad is deemed to be a recognized rescue squad under this
156	155		part.
157	156		(c) A copy of the charter and proof of an active status must be filed with the
158	157		application each instance the rescue squad applies for an exemption.
159	158		68-140-710. Penalty for violations.
160	159		A violation of this part is a Class C misdemeanor punishable by a fine only of fifty
161	160		dollars ($50.00).
162	161		SECTION 2. The headings in this act are for reference purposes only and do not
163	162		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
164	163		requested to include the headings in any compilation or publication containing this act.
165	164		SECTION 3. For purposes of promulgating rules and carrying out administrative duties
166	165		necessary to effectuate this act, this act takes effect upon becoming law, the public welfare
167	166		requiring it. For all other purposes, this act takes effect July 1, 2025, the public welfare requiring
168	167		it.